This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the development of the right to effective judicial protection in EU law is sketched and the relationship of EU fundamental rights to European private law is briefly explained. Subsequently, instances of the application of Article 47 EUCFR in the case law of the Court of Justice of the EU are examined (incl. Alassini, Kadi, Otis and Fuß/Stadt Halle). In light of the contemplation of the influence of the right to effective judicial protection in European private law, finally, it is submitted that, within certain boundaries, Article 47 EUCFR can support the further judicial development of effective remedies in European private law.
Mak, Chantal, Rights and Remedies – Article 47 EUCFR and Effective Judicial Protection in European Private Law Matters (August 23, 2012). Amsterdam Law School Research Paper No. 2012-88; Centre for the Study of European Contract Law Working Paper Series No. 2012-11.