When national procedural autonomy meets the effectiveness of Community law, can it survive the impact?

Abstract

From the perspective of individuals who consider that Community law grants substantive rights relevant to their situation, the remedies which they can obtain are often of greater practical importance than the abstract statement that they hold a Community law entitlement. The vindication of such rights turns on the remedy which will be granted, if any, in proceedings before the national courts, their natural court.

Against this background, it is crucial to understand how national obstacles to the commencement of such actions can be attacked and how similar obstacles to obtaining an effective remedy may be set aside. Finally, it is worth identifying when EC law requires that specific remedies, such as restitution, injunctions, or damages be made available.

All of these topics, which will be examined in the course of this paper by reference to the recent case-law of the Court, need to be set against the background of national procedural autonomy.