Professor Tridimas has published a study looking at access to justice for consumers under EU law to pursue consumer and environment related claims. The study looks also at consumer remedies under EU law and the role of representative associations.
This contribution discusses access to EU justice by reference to two considerations: the extent to which EU law grands consumers and other private parties a right or a remedy; and the extent to which EU law constrains the rules of the Member States which govern remedies and procedure. It explores the rights-remedies dichotomy in EU law; it provides a taxonomy of EU measures based on whether they provide for a private law remedy; and discusses the conditions under which implied rights of action may arise. It then examines some of the factors that affect the invocation of EU rights before national courts. The fundamental model is a hybrid one where EU rights are enforced by national remedies and procedures subject to the requirements of equivalence and effectiveness. But the latter, empowered by Article 47 of the Charter, is applied with added rigour in the field of consumer law. A progressive emphasis on private law remedies
and the empowerment of representative associations are to be welcomed.