How can I enforce my rights under EU law?
National courts and administrative bodies are primarily responsible for ensuring that the authorities of the member states comply with EU law. Therefore, if you consider a particular measure (law, regulation or administrative action) or administrative...
National courts and administrative bodies are primarily responsible for ensuring that the authorities of the member states comply with EU law.
Therefore, if you consider a particular measure (law, regulation or administrative action) or administrative practice to be incompatible with EU law, it is advisable either prior to or in parallel with your complaint to the Commission, to seek redress from national administrative or judicial authorities (including national or regional ombudsmen) and/or through the arbitration and conciliation procedures available. It is advisable to use those national means of redress because of the advantages they may offer for you.
By using the means of redress available at national level you should, as a rule, be able to assert your rights more directly and more personally than you could following infringement proceedings successfully brought by the Commission which may take some time. Only national courts can issue orders to administrative bodies and annul a national decision. It is also only national courts which have the power, where appropriate, to order a member state to make good the loss sustained by individuals as a result of the infringement of Community law attributable to it.
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