Remedies in EC law : law and practice in the English and EC courts
著者
書誌事項
Remedies in EC law : law and practice in the English and EC courts
Longman, c1994
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注記
Includes bibliographical references and index
内容説明・目次
内容説明
How to enforce rights and remedies in both the English courts and EC courts is explained in this book. Practitioners will gain a full understanding of how EC law applies to the English courts, the remedies available in English courts for breach of EC law and remedies available in EC courts for breach of EC law. "Remedies in EC Law" combines legal information with relevant case law, hands-on procedural guidance and a full set of precedents and sample pleadings. This means the advice that the authors provide can be quickly translated into a series of practical measures. The specialist and the non-specialist may both discover new ways of protecting or defending their clients' interests in terms of the remedies available.
目次
- Part 1 Application of EC law in the English courts: sources of EC law
- supremacy of EC law
- direct effect
- interpretation. Part 2 Remedies in English courts for breach of EC law: effective protection of EC rights
- damages
- injunctions
- restitution
- judicial review. Part 3 Preliminary references: references from national courts to the Court of Justice for preliminary rulings. Part 4 Remedies in EC courts for breach of EC law: proceedings against member states for breach of EC law (Articles 169 and 170 EEC Treaty)
- judicial review of EC acts (Article 173 EEC Treaty)
- plea for illegality (Article 184 EEC Treaty)
- judicial review of failure to act (Article 175 EEC Treaty)
- suing the EC institutions in damages (Article 215 EEC Treaty)
- interim relief (Articles 185 and 186 EEC Treaty)
- procedure in direct actions. Part 5 Precedents: damages against a private party - statement of claim
- damages against the state - statement of claim
- preliminary reference - notice of motion
- preliminary reference - order
- preliminary reference - notice of appeal
- preliminary reference - observations to Court of Justice, Article 169 - complaint to the Commission, Article 173 - application to the Court of Justice. Appendices: list of directly effective Treaty articles
- statue of the Court of Justice (EEC)
- rules of procedure - Court of Justice
- rules of procedure - Court of First Instance.
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