- National procedural autonomy and effectiveness of EC law: challenge the charge, file for restitution, sue for damages?
- Legal Issues of Economic Integration
- Volume | Issue number
- 35 | 2
- Pages (from-to)
- Document type
- Faculty of Law (FdR)
- Amsterdam Center for International Law (ACIL)
rticle addresses whether EC law provides access to (civil) tort proceedings for interested parties, especially taxpayers, who failed to use all remedies available to them under national administrative law (especially applying for or appealing administrative decisions) to plead incompatibility of substantive national law with EC law, solely because they expected (rightly so, on the basis of substantive national law) to be turned down by the national authorities. It tries - but does not succeed - to suit, a.o., the Thin Cap Group case to the Arcor and i-21 cases and the AssiDomän Kraft case.
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