Publication details
Form follows function: Reopening of judicial proceedings and EU law in Profi Credit Polska
| Authors | |
|---|---|
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Common Market Law Review |
| MU Faculty or unit | |
| Citation | |
| web | https://kluwerlawonline.com/journalarticle/Common+Market+Law+Review/61.6/COLA2024106 |
| Doi | http://dx.doi.org/10.54648/cola2024106 |
| Keywords | reopening of proceedings; res iudicata; procedural autonomy; judicial culture; consumer; principle of effectivness; principle of equvivalence |
| Description | This article examines the Court of Justice of the European Union's (CJEU) judgment in the Profi Credit Polska case (C-582/21), which addresses the reopening of judicial proceedings to ensure the correct application of EU law. The case highlights the tension between the primacy of EU law and the procedural autonomy of Member States. It explores the challenges national courts face in balancing procedural requirements with the need to provide effective legal protection under EU law, particularly in consumer protection cases. The judgment underscores the importance of national courts' proactive role in examining the fairness of contractual terms ex officio and the conditions under which closed cases may be reopened. The article also discusses the implications of the judgment for the principle of res judicata and the broader context of judicial cooperation within the EU legal framework. |
| Related projects: |