
Published online:
22 March 2012
Published in print:
29 March 2007
Online ISBN:
9780191695667
Print ISBN:
9780199206865
Contents
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A. Introduction A. Introduction
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B. National Time-Limits for Bringing Proceedings and other Temporal Restrictions on the Enforcement of Community Law B. National Time-Limits for Bringing Proceedings and other Temporal Restrictions on the Enforcement of Community Law
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1. The Ruling in Emmott and National Time-Limits for Bringing Proceedings 1. The Ruling in Emmott and National Time-Limits for Bringing Proceedings
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2. National Time-Limits for Bringing Proceedings and the Principle of Effectiveness: Subsequent Developments 2. National Time-Limits for Bringing Proceedings and the Principle of Effectiveness: Subsequent Developments
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2.1 Fantask 2.1 Fantask
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2.2 Ansaldo Energia, Edis, Spac and Santex 2.2 Ansaldo Energia, Edis, Spac and Santex
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2.3 Confining the Emmott Principle to the Enforcement of Directives 2.3 Confining the Emmott Principle to the Enforcement of Directives
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2.4 Grundig: Inadequate Transitional Measures as a Breach of the Principle of Effectiveness 2.4 Grundig: Inadequate Transitional Measures as a Breach of the Principle of Effectiveness
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2.5 The Deville Prohibition on the Promulgation by Member States of Measures Specifically Designed to Frustrate Community Law 2.5 The Deville Prohibition on the Promulgation by Member States of Measures Specifically Designed to Frustrate Community Law
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3. Narrowing the Emmott Rule: Restrictions on Retroactive Effect in the Context of Payments Due to Individuals 3. Narrowing the Emmott Rule: Restrictions on Retroactive Effect in the Context of Payments Due to Individuals
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3.1 Steenhorst-Neerings 3.1 Steenhorst-Neerings
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3.2 Johnson No 2 3.2 Johnson No 2
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3.3 Magorrian 3.3 Magorrian
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3.4 Levez 3.4 Levez
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3.5 Marks & Spencer 3.5 Marks & Spencer
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4. Time-Limits and Similar Restrictions on the Raising of Arguments Before Courts 4. Time-Limits and Similar Restrictions on the Raising of Arguments Before Courts
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4.1 Peterbroeck 4.1 Peterbroeck
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4.2 Van Schijndel 4.2 Van Schijndel
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4.3 Eco Swiss 4.3 Eco Swiss
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4.4 Cofidis 4.4 Cofidis
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4.5 Kapferer 4.5 Kapferer
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5. Time-Limits: the Law as it Stands? 5. Time-Limits: the Law as it Stands?
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C. Unjust Enrichment C. Unjust Enrichment
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1. Cotter and McDermott 1. Cotter and McDermott
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2. Restricting Cotter and McDermott to Vertical Cases? 2. Restricting Cotter and McDermott to Vertical Cases?
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3. Unjust Enrichment and Recovery of Sums Due to Individuals 3. Unjust Enrichment and Recovery of Sums Due to Individuals
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D. Recovery by Member States of Sums Unlawfully Paid to Individuals D. Recovery by Member States of Sums Unlawfully Paid to Individuals
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1. Erroneous Payment of Subsidies 1. Erroneous Payment of Subsidies
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1.1 Unjust Enrichment 1.1 Unjust Enrichment
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1.2 Time-Limits for Bringing Proceedings 1.2 Time-Limits for Bringing Proceedings
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1.3 The Burden of Proof and Interest 1.3 The Burden of Proof and Interest
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2. Recovery of Unlawfully Paid State Aids 2. Recovery of Unlawfully Paid State Aids
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2.1 Loss of Enrichment 2.1 Loss of Enrichment
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2.2 National Time-Limits 2.2 National Time-Limits
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3. Conclusion 3. Conclusion
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E. Interim Relief E. Interim Relief
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F. The Johnston Right to Effective Judicial Review F. The Johnston Right to Effective Judicial Review
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1. The Strasbourg Principles 1. The Strasbourg Principles
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2. The Luxembourg Principles 2. The Luxembourg Principles
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2.1 Upjohn 2.1 Upjohn
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2.2 Evans 2.2 Evans
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2.3 Distilling the Appropriate Approach 2.3 Distilling the Appropriate Approach
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2.4 Relationship with State Liability 2.4 Relationship with State Liability
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G. Other National ‘Obstructions’ and the Principle of Effectiveness G. Other National ‘Obstructions’ and the Principle of Effectiveness
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H. The Principle of Non-Discrimination H. The Principle of Non-Discrimination
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I. Conclusion and Policy Discussion I. Conclusion and Policy Discussion
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Chapter
4 The Rights of Private Parties and Member State Remedies and Procedural Rules—Part I: The Principles of Effectiveness and Non-Discrimination
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Pages
110–203
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Published:March 2007
Cite
Ward, Angela, 'The Rights of Private Parties and Member State Remedies and Procedural Rules—Part I: The Principles of Effectiveness and Non-Discrimination', Judicial Review and the Rights of Private Parties in EU Law, 2nd edn, Oxford European Union Law Library (Oxford , 2007; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780199206865.003.0004, accessed 24 Apr. 2025.
Abstract
Post-Factortame No. 1 has become an important law in the legal concept of effectiveness. Its development, as well as the principle of non-discrimination, is traced in this chapter. Several policy issues that arise from these developments are also elaborated. The debate between scholars goes on to determine the real role of individual rights and effective judicial protection when judges in the European court attempt to settle the differences of the laws of member states. The Court of Justice seems to find difficulty in persuading national courts because the Community provides individual rights that are protected by the same entity.
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