This Article examines the validity of the Commission's position on the private enforceability of commitment decisions in national courts in the European Union in light of the current state of European law and other important procedural and practical considerations for third parties wishing to bring enforcement proceedings. As will become apparent, national courts faced with an application for private enforcement will have to grapple with a series of challenging legal issues concerning the nature of commitment decisions. The first of these questions will concern whether a commitment decision, which is a Community measure, will be capable of enforcement by application of the concept of direct effect of Community law. Our examination of the principles of direct effect indicates, however, that reliance on this concept may cause difficulties for national courts. Secondly, the principle of national procedural autonomy requires that enforcement proceedings will be governed by the procedural rules of the national court seized of the action. Even if commitment decisions are directly effective, there may consequently be substantial impediments to their effective private enforcement due to the national rules of procedure in the Member States.
John Davies and Manish Das,
Private Enforcement of Commission Commitment Decisions: A Steep Climb not a Gentle Stroll,
29 Fordham Int'l L.J. 917
Available at: http://ir.lawnet.fordham.edu/ilj/vol29/iss5/2