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The ECJ's 'Remedies Jurisprudence' and the role of domestic courts - how to transfer principle alongside competence

Abstract:

Almost from the start, the development of unjust enrichment in England and Wales, particularly in cases involving public authorities, and the development of the so-called ‘Remedies Jurisprudence’ in the EU have had a significant impact on each other. From Lord Goff’s determination in Woolwich to ensure that domestic claimants would be as well provided for as those claiming under EU law, to the significance of Rewe I and Comet (both about repayment of unlawful charges) for the development o...

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Publication status:
Published

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Institution:
University of Oxford
Oxford college:
Pembroke College
Role:
Author
Publisher:
Marenex Press Publisher's website
Journal:
Restitution Law Review Journal website
Volume:
25
Pages:
238-253
Publication date:
2018-04-01
Acceptance date:
2017-06-06
ISSN:
1351-170X
Source identifiers:
698524
Pubs id:
pubs:698524
UUID:
uuid:1b717e97-c56b-473b-b7c0-1bc14f3f8263
Local pid:
pubs:698524
Deposit date:
2017-06-06

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