Principle of effectiveness

The principle of effectiveness, or effective judicial protection, obliges Member State courts to ensure that national remedies and procedural rules do not render claims based on EU law impossible in practice or excessively difficult to enforce. The restriction of third party access to the Cartel Court file also raises the problem of effective judicial protection of claims based on EU law. Article 19(1) TEU states that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. This in turn requires consideration of the right of access to a court, as protected by Article 47 of the Charter of Fundamental Rights of the European Union, as interpreted in the light of Article 6(1) of the European Convention of Human Rights and Fundamental Freedoms. © EUR Lex