ABSTRACT
This chapter covers the various consequences of non-observance of EU fundamental rights or general principles by the national legislator, a national administrative authority or a national court. It discusses the application and effects of the principle of primacy and its remedy, the disapplication of national fining legislation that infringes an EU fundamental right or a general principle of EU law. It analyzes whether and under what conditions such an infringement may result in revocation or change of the fining decisions, reopening of national proceedings, or even non-execution of a fine. This chapter sets out the requirements that must be met when claiming damages for breaches of EU fundamental rights or general principles in the course of national fining proceedings.
