Module 4
The Court of Justice and the remedies: preliminary references, infringement, annulment, failure to act and damages
A body of law is only as real as the routes by which it can be enforced. Union law has several, each for a different problem, and each with its own claimant, defendant, time limit and result. A national court that is unsure what a Union rule means can ask the Court of Justice. The Commission can take a state to the Court for failing to obey. A state, an institution or sometimes an individual can ask the Court to annul a Union act. An institution that fails to act can be taken to court, and a person harmed by the Union can sue it for damages. Choosing the wrong route is the most common way to lose a Union law case before it begins. This module sets out the courts and each route as a family, with one question for choosing between them: who is complaining, about whom, and what do they want?
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See what is included in the Courses & AI Lab Pass →General education on European Union law, using invented people and businesses and abstract member states. It states the Treaty framework and landmark decisions in simplified form, and it is not legal advice. Rules change and national implementation differs. Consult a qualified lawyer in the place that matters.
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