I rimedi di diritto privato nella normativa di derivazione comunitaria

Author/s Guido Alpa
Publishing Year 2010 Issue 2010/2
Language Italian Pages 18 P. 227-244 File size 591 KB
DOI 10.3280/ED2010-002002
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The implementation of the principle of effectiveness, combined with the principle of subsidiarity and the principle of the national lawmaker’s primary competence and the preliminary recourse to the remedies envisaged by the national trial system as against the E.U. lawmaker’s competence and the operation of the remedies envisaged at E.U. level for the infringement of E.U. rules, shapes the discipline of remedies envisaged by the national system: they are both remedies regarding E.U. law infringements - on which there exists wide literature - and remedies concerning the private law relations regulated by the E.U. system on matters falling within its competence. In this paper I will tackle the latter aspect. Nevertheless, in each of these two sectors, the rules on remedies and their implementation by judges are entrusted to internal law, provided that it safeguards the protected interests adequately, otherwise the E.U. system sets in to assist us. Hence, in this regard, the recourse to E.U. remedies is only residual.

Guido Alpa, I rimedi di diritto privato nella normativa di derivazione comunitaria in "ECONOMIA E DIRITTO DEL TERZIARIO " 2/2010, pp 227-244, DOI: 10.3280/ED2010-002002