EU Law in Contentious Proceedings

EU law covers a vast range of economic and social matters and an increasing number of disputes have an EU law dimension.

EU law can provide rights outside of those found under national law. For example, you may be able to rely upon a provision of EU law that has no national law equivalent; or you might be able to have a provision of national law or policy set aside as incompatible with EU law. This may be in agriculture, environment or fishing.

There may of course be an element of doubt as to what is the right interpretation of EU law. In that case, national courts can refer questions of law to the European Court of Justice in Luxembourg requesting a definitive ruling.

The European Court also oversees the actions of the European institutions. For example, decisions of the European Commission on breaches of the EU competition rules can be appealed to the Court of First Instance and, ultimately, to the European Court of Justice.

EU law provides another arrow to the armoury of the potential litigant. It can be used to establish rights and to seek remedies where none exists under national law. Consideration of EU law can be a vital part of resolving disputes.

We can provide guidance on European law and its application in the courts. We can also assist in guiding you through the European Court process.

Contact Michael Dean or Catriona Munro.