1. Appeals before the Court of Justice of the European Union
Navas & Cusí is a law firm specialized in legal advice and application of European Union Law. In particular, we are specialized in the regulations for the defense of the consumer or European citizen.
It is well known that the rules applied in Spain are linked, according to the principle of supremacy, to the European Union law. Directives and laws that, by competence, correspond to the European institutions.
2. Can a citizen go to the Court of Justice of the European Union?
The competence of the Court of Justice of the European Union is to give interpretation of the treaties in the European Union and to validate and interpret the acts of the European institutions, offices or agencies in the Union.
If a citizen or client of a Member State has had his or her rights infringed, from the point of view that European Union law has not been respected, he or she may refer the matter to the Court of Justice in Luxembourg. The Court will have to give its interpretation of the European Union in the specific case.
3. Possible ways for the citizen to go to the Court of Justice of the European Union
a) The preliminary question
The Spanish court has the legal power to ask the Court of Justice of the European Union for a preliminary ruling in order to make a correct interpretation of the law of the European Union in the specific case, if the Spanish court has doubts.
As we have said, this power is ultimately in the hands of the Spanish court. However, there is an exception, by virtue of which the national judge is obliged to raise the issue: in all cases in which a particular decision is not subject to appeal. In other words, if we intend to file a cassation appeal before the Supreme Court (in the case of Spain), we must show our interest in raising a preliminary question before the European Court of Luxembourg, on the grounds that there has been an infringement of Community rights.
b) Appeal for amparo before the Spanish Constitutional Court
The Supreme Court, although it is not considered a “third instance” in itself, exhausts all possibilities of appeal at the national level. Another option to enforce the rights of the citizen in the case of understanding that the effective judicial protection derived from the non-application of the European Union regulations has been violated is through an appeal for protection before the Spanish Constitutional Court, alleging Spanish constitutional rights.
4. Appeal before the European Court of Human Rights
If you have exhausted the judicial procedures in your country and any of the rights contained in the Charter of Human Rights of the European Union have been violated, you can go to the Court of Human Rights in Strasbourg.
Among the rights recognized by the European Charter are the right to data protection, the protection of property, the right to work, the right to education and the right to an effective remedy.
If any of the human rights recognized in the Charter have been violated, the corresponding proceedings can be initiated before Strasbourg.
5. Other avenues for claiming damages for breach of EU law
There are other ways or mechanisms specially designed for consumers and users to enforce their rights. One of them is the presentation of a complaint before the European Commission, a petition before the European Parliament, a complaint before the European Ombudsman or also, in Spain, a patrimonial claim for patrimonial responsibility of the State.
Navas & Cusí files a complaint before the European Commission for infringement by Spain of European Law in the field of banking and financial agreements.
6. Lawyers specialized in European Union and European Union Law
Navas & Cusí’s lawyers have more than 35 years of experience in European Union law, financial, banking and commercial law. We offer legal advice to both companies and clients in the defense of their rights in relation to the application and monitoring of European Union law. Our team of European Union lawyers is well-equipped to handle a wide range of legal issues related to EU law.
In case there has been a violation of rights that has caused damage, our economists are responsible for making an economic assessment, and our legal team carries out the appropriate legal actions for the consumer to be compensated.
Do not hesitate to contact us to tell us about your case, and we will give you our legal opinion on the matter.