Cross-Border Loss Relief and the ‘Effet Utile’ of EU Law: Are We Losing It?

The 'effet utile' principle requires all national institutions to give full force and effect to EU law. However, the practical realization of this obligation depends on a clear interpretation of the relevant provisions of EU law by the Court of Justice (ECJ). It appears that in the area of cross-border loss relief, there is a particularly urgent need for more clarity in the Court's case law.