Failure to Make a Preliminary Reference to the Court of Justice of the European Union as a Violation of the Right to a Fair Trial
The aim of this paper is to examine the consequences of a failure to make a preliminary reference from the point of view of consumer organizations striving for the protection of collective consumer rights. Also, this paper argues against a strict application of the principle of procedural autonomy...
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| Format: | Article |
| Language: | English |
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Institute of International Relations Prague
2014-12-01
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| Series: | Czech Journal of International Relations |
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| Online Access: | https://cjir.iir.cz/index.php/cjir/article/view/282 |
| Summary: | The aim of this paper is to examine the consequences of a failure to make a
preliminary reference from the point of view of consumer organizations
striving for the protection of collective consumer rights. Also, this paper
argues against a strict application of the principle of procedural autonomy
of Member States, as it makes the enforcement of consumer rights
practically impossible, in particular with respect to Directive 2009/22/EC of
the European Parliament and of the Council of 23 April 2009 on injunctions
for the protection of consumers’ interests (the Injunctions Directive).
The author discusses both judicial and extrajudicial remedies that are
available in case of a failure to make a preliminary reference to the Court of
Justice of the European Union. She believes that procedural rules and the
specific conditions for obtaining damages based on the Francovich judgment are not sufficiently harmonized throughout the European Union.
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| ISSN: | 0323-1844 2570-9429 |