Wybrane problemy stosowania prawa Unii Europejskiej w stosunkach cywilnoprawnych

Abstract

The topic of this article is the scope and manner of application of EU law in civil law relationships. The author points to the most important problems connected with the application of EU law by national courts. Among these problems, he emphasises the diffi culties with interpreting the notions used in EU law. He draws our attention to the overlap of two legal orders: the EU one and the national one. While characterising the system of EU law and describing it as public law, the author also points out the mutual penetration of public and private law orders and the fact that individual norms of EU law are addressed to private entities. The author suggests a differentiation according to which EU law may be applied if the direct addressee of a legal norm is a party to the proceedings or when EU law defi nes the legal framework on the basis of which the court resolves a dispute. As illustrations of the presented assumptions the author uses selected CJEU judgments.