sec_5_1__para__5

In the absence of harmonisation of the rules of procedure in an instrument of EU law, the Court has stressed the procedural autonomy of the Member States (339), but also their responsibility for ensuring that rights deriving from EU law are effectively protected (340). The Court has established that, insofar as the Member States' rules of procedure affect the application of rights laid down in EU law, such rules have to comply with the principles of equivalence and effectiveness (341). It has referred to those principles as the embodiment of the general obligation of the Member States to ensure judicial protection of an individual's rights under EU law (342).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.