(Social Science Research Network, 2014-09-01) Sarrión Esteve, Joaquín
The aim of my paper is to examine the effective control that ECJ exercises on national law applying the right for citizens to benefit from effective judicial protection, particularly in the matter of consumer protection. As we know, when there is not a regulation in EU law, Member States possess a procedural autonomy. However, this called procedural autonomy must respect and guarantee the exercise of UE fundamental rights. ECJ developed a relevant jurisprudence in this matter that is very interesting. In this sense, I study the cases Unibet (C-432/05), Pannon GSM (243-08), Penzugyi (C-137/08), Domínguez (C-282/10), Banco Español de Crédito (C-618/10), and Aziz (415/11). And finally I highline the recent case Sánchez Morcillo (C-169/14). Thanks to this study we will be able to understand better actual perspectives of procedural autonomy and the right for citizens to benefit from effective judicial protection in the matter of consumer protection as a limit to this EU law principle.
