Year: 2024
Type: article
Abstract: The European Court of Justice's 2023 ruling in the Mercedes case has upheld an individual compensation claim even without explicit legislative provisions for such compensation. This landmark decision has reignited the longstanding debate in Europe regarding the interplay between public policy regulation and national private law. This paper analyses the case, delves into the historical and political debates underpinning it, and explores its implications for positive law. It offers three key contributions to the ongoing discourse: First, the ECJ's ruling establishes a new pathway for individual claims based on breaches of European law, prompting Member States to implement appropriate remedial measures. Second, the decision elevates a nearly century-old debate on balancing public interest regulation and individual protection to new heights. Third, the ruling has already begun to shape the European and German legal landscapes, provoking similar discussions in Turkish law, particularly in unfair competition law.
Author: Cihat Börklüce
Institution: Türkisch-Deutsche Universität
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405900003