Breach of EU law as a basis for relief in judicial review proceedings | Practical Law

Breach of EU law as a basis for relief in judicial review proceedings | Practical Law

This note considers the situations in which EU law can be invoked in judicial review proceedings, and the impact that general principles of EU law can have on judicial review procedure. It also raises the question of when and whether a court should make an Article 267 reference to the CJEU, and considers the circumstances in which liability for Francovich damages may arise.

Breach of EU law as a basis for relief in judicial review proceedings

Practical Law UK Practice Note 9-504-5560 (Approx. 15 pages)

Breach of EU law as a basis for relief in judicial review proceedings

by Rhodri Thompson QC, Matrix Chambers, Christopher Brown, Matrix Chambers and Anita Davies, Matrix Chambers
Law stated as at 04 Mar 2016 • England, European Union, Wales
This note considers the situations in which EU law can be invoked in judicial review proceedings, and the impact that general principles of EU law can have on judicial review procedure. It also raises the question of when and whether a court should make an Article 267 reference to the CJEU, and considers the circumstances in which liability for Francovich damages may arise.