Die Rolle des Europäischen Gerichtshofs bei der privatrechtlichen Durchsetzung des Unionsrechts

The European Court of Justice combines the functions of an ordinary court and a constitutional
court. The widespread criticism of the ECJ's »judicial activism,« including its
decisions on matters of private law, often overlooks this dual role. As a constitutional
court, the ECJ preserves the autonomy of EU law, and thus protects the emerging
democracy of the Union and the democracies of the Member States from mutual interference.
The principle of effectiveness is part of this function. In particular, this explains
the often misunderstood case law on the Unfair Terms Directive and on liability for
damages.