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European law

08 July 2010
Issue: 7425 / Categories: Case law , Law digest
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R v Budimir and Rainbird (Secretary of State for Culture, Media and Sport intervening) [2010] EWCA Crim 1486, [2010] All ER (D) 269 (Jun). Interfact Ltd v Liverpool City Council [2010] EWHC 1604 (Admin)

In the decentralised system of the EU legal order, rights of individuals under EU law were given effect principally through national courts. In the absence of EU rules on the subject, EU law left to the domestic legal system of each member state the designation of the courts having jurisdiction and the rules governing proceedings intended to secure rights conferred by EU law.

However, national law was not given an entirely free hand in such matters. The applicable national rules would have to comply with two conditions. First, they would have to not be less favourable than those governing similar domestic actions (the principle of equivalence). Secondly, they would have to not render the exercise of rights conferred by Community law impossible or excessively difficult.

The principle of effectiveness resulted directly from the application of the principles of supremacy and direct effect in EU law. It was for national courts, in application of

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