Die Durchbrechung der Rechtskraft nationaler Zivilgerichtsurteile zu Gunsten des unionsrechtlichen "effet utile"?
This book examines allowing the legal force of national judgements to be overturned in favour of the priority law of the European Union, which has been relevant for both procedural practice and academic discourse since the ‘Klausner-Holz’ ruling by the European Court of Justice in 2015. In addition to an overview of the state of the current jurisprudence of the European Court of Justice, the book also offers solutions to the effective enforcement of European priority law through an autonomous concept of the matter in dispute which is in line with EU law, the creation of an additional reason for restitution or a larger submission in practice by national courts. Judges, lawyers, academics and politicians who have to deal with the application or further development of national procedural law in connection with legal fields relevant to EU law, such as the EU’s state aid and public procurement law, antitrust law or competition law, will benefit enormously from reading this book.