Publication details
Právní a praktické dopady nesprávné transpozice směrnice o zneužívajících klauzulích
| Title in English | Legal and practical implications of incorrect transposition of the Directive on unfair terms |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | transposition of Directive 93/13; Simmenthal case; supremacy of EU law; direct effect of Directives |
| Description | The article deals with the inappropriate implementation of directive 93/13/ EEC. The inappropriate transposition is discussed in the context of the decision of the Constitutional Court. The author looks into whether the duty of the national court to set aside any provision of national law which may conflict with the EU law in the Simmenthal judgment, is fully applicable to the directive the way it was decided by the Constitutional Court. The inappropriate implementation of the directive is also discussed in respect to the awarding of civil damages. |
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