Europäisches Gemeinschaftsrecht und nationaler Zivilprozess

The effectiveness of European Community law largely depends on its enforcement through national courts. However, in civil litigation in the member states, the subject matter of the dispute and the material facts are defined by the parties. Thus, the application of substantive law is strongly affected by the procedural conduct of the parties. Anja Herb examines the relationship between the national procedural principles of party control and judicial passivity on the one hand and the assertive claim of substantive Community law on the other hand. Following a comparative study of the respective roles of the court and the parties in civil proceedings in Germany, England and France, she analyzes the compatibility of the national procedural principles with Community law and examines which demands the latter places on the national legal systems.