Der Effektivitätsgrundsatz im individuellen und kollektiven Rechtsschutz im EU-Verbraucherrecht
The paper discusses the scope and extent of the principle of effective judicial protection now written into Art 47 Charter of Fundamental Rights combined with Art 19 Para 1 sentence 2 TEU (Lisbon). While the original case law of the CJEU gave it a mostly “negative (eliminatory) content”, the more recent developments tend to see it in its emerging” remedial function”. This must of course respect the “procedural autonomy” of Member States and their courts of law as “EU courts”. The paper gives some examples from recent Court practice. However, an important gap remains concerning collective remedies where EU law still is in the offing and where the EU legislator has failed to develop more effective approaches beyond injunctions under the Injunctions Directive 2009/22/EC.
Europa- und Völkerrecht