ABSTRACT

The chapter covers the case-law of the Supreme Court with the view to present how it identifies cases in which this court should apply EU law and its principles. It discusses the concept of the EU case in general. The chapter then debates how EU substantive law impacts national procedural rules, which, despite the principle of national procedural autonomy, must be interpreted and applied in EU cases in a manner securing the effectiveness of EU law. The chapter continues by presenting various less obvious categories of the scope of EU law, focusing primarily on EU cases without the cross-border element. It also covers the so-called false EU cases, when the scope of EU law is falsely recognised by the courts of lower instances or claimed by the party bringing an appeal for cessation.