‘HLS Private Law Workshop: Rebecca Williams, The ECJ’s “Remedies Jurisprudence” and the Role of Domestic Courts’

“One of the major catalysts behind the resurgence in England and Wales of the law of unjust enrichment has been the influence of fundamental rights jurisprudence of the European Union. Where a member state levies charges on persons contrary to EU law (such as discriminatory taxes), the European Court of Justice (ECJ) recognizes an entitlement to repayment. While the right to restitution arises from EU law, the content of the remedy is grounded in the domestic law of each member state. This dynamic is intended to preserve the respective competencies and autonomy of national courts and the ECJ …” (more)

[Samuel Beswick, New Private Law, 13 October]

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