Duties of National Civil Courts and European Commission in Their Cooperation

Abstract

The scientific article analyses the degree to which national civil courts and the European Commission must collaborate under primary and secondary legislation. First, it is determined to what extent national civil courts have the authority to request statements and information from the European Commission, whether and to what extent the European Commission is required to respond, and to what degree the national courts are required to consider the response. The role of the European Commission is then considered, insofar as it can appear before national courts as a so-called amicus curiae with self-induced statements; specifically, the right of the European Commission to make such an appearance and the duty of national courts to take such statements into account are examined. Finally, the extent to which national courts are required to submit judgements to the European Commission is explored. The duties (and rights) outlined here are examined in more detail below and placed in the broader context of primary law.