Effective judicial protection in consumer protection in the ECJ's case law
Authors/Creators
- 1. Universidad Nacional de Educación a Distancia (UNED)
Description
Abstract.
The aim of my paper is to examine the effective control that ECJ exercises on national law applying the right for citizens to benefit from effective judicial protection,
particularly in the matter of consumer protection.
As we know, when there is not a regulation in EU law, Member States possess a procedural autonomy. However, this called procedural autonomy must respect and
guarantee the exercise of UE fundamental rights. ECJ developed a relevant jurisprudence in this matter that is very interesting. In this sense, I study the cases
Unibet (C-432/05), Pannon GSM (243-08), Penzugyi (C-137/08), Domínguez (C282/10), Banco Español de Crédito (C-618/10), and Aziz (415/11). And finally I
highline the recent case Sánchez Morcillo (C-169/14).
Thanks to this study we will be able to understand better actual perspectives of procedural autonomy and the right for citizens to benefit from effective judicial
protection in the matter of consumer protection as a limit to this EU law principle.
Paper presented at the UACES 44th Annual Conference. Published as Working Paper at SSRN. Sarrión, Joaquín, Effective Judicial Protection in Consumer Protection in the ECJ's Case Law (September 1, 2014). Available at SSRN: https://ssrn.com/abstract=2526709 or http://dx.doi.org/10.2139/ssrn.2526709
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