Judicial Review and the Rights of Private Parties in EU Law

This new edition canvasses in detail the rights of private parties to enforce principles of EU law, both before the national courts and the European courts of First Instance and Justice in Luxembourg. These originally amounted to two distinct bodies of case law. However, particularly since the advent of Member State liability in damages, which was founded on the liability of EU institutions under Article 288(2), there have been increasing trends toward convergence in relevant principles in private party EU litigation; whether the defendant is a Member State government authority or an EU institution. On the other hand, emphasis on ‘individual rights’ continues to be greater in cases concerning enforcement of EU law against Member State bodies, while notions such as ‘individual concern’ under Article 230(4) remains a significant barrier to obtaining an effective judicial remedy by private sector actors aggrieved by the conduct of EU institutions.