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ZENODO
Other literature type . 2014
License: CC BY
Data sources: ZENODO
SSRN Electronic Journal
Article . 2014 . Peer-reviewed
Data sources: Crossref
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Effective Judicial Protection in Consumer Protection in the ECJ's Case Law

Authors: Sarrión Esteve, Joaquín;

Effective Judicial Protection in Consumer Protection in the ECJ's Case Law

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 (C-282/10), 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.

versión publicada

Country
Spain
Keywords

Consumer Protection Law, Effective Judicial Protection, Fundamental Rights, Procedural Autonomy, UNESCO::CIENCIAS JURÍDICAS Y DERECHO

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
Green