Cases, Materials and Text on European Law and Private Law

ISBN-13: 9781509911875 / Angielski / Miękka / 2017 / 528 str.

Arthur Hartkamp; Carla Sieburgh; Wouter Devroe

Opis

This Casebook deals with the horizontal effects of EU law, viz. its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. Whereas the impact of directives on private law has become more or less well-known by now, until recently the developments relating to primary EU law were hardly noted by private lawyers due to their inexperience in the field of EU law; and those developments were perhaps not sufficiently explained by scholars of EU law due to their inexperience with private law. Although the focus of this Casebook is on the effects of developments in primary EU law (in particular TFEU provisions, general principles, and Charter provisions), secondary EU law must not remain out of sight. The CJ case law relating to (non-)implementation of directives (including harmonious interpretation of national law and Francovich liability of Member States) is interesting in theory and important in the practice of the Member States. The same is true for the ex officio application of provisions of consumer law directives imposed by CJ case law relating to this subject. It is not the intention to enter into the details of secondary law, e.g. the way in which individual directives are interpreted by the CJ or transposed in specific Member States or how the transposing legislation is interpreted in Member States. (Series: Ius Commune Casebooks for the Common Law of Europe) Subject: European Law, Contract Law, Commercial Law, Private Law]

Spis treści

1. INTRODUCTIONEFFECTS OF EU LAW ON RELATIONSHIPS BETWEEN INDIVIDUALSI. EU Law and Private Law: Introductory RemarksII. Direct Horizontal Effect and Indirect Horizontal Effects of EU Law Rules: Terminology as Used in this CasebookIII. Direct and Indirect Horizontal Effects: The Terminology of EU Law Scholars and of Private Law Scholars Compared and the Sources of EU LawIV. Spillover Effects2. COMPETITION LAWI. General PartII. Remedies for Infringements of the Competition Provisions3. FUNDAMENTAL FREEDOMS:TFEU PROVISIONS ON FREE MOVEMENTI. IntroductionII. Free Movement of Goods (Articles 34 and 35 TFEU)III. Free Movement of Workers (Article 45 TFEU)IV. Freedom of Establishment and Freedom to Provide and Receive Services (Articles 49 and 56 TFEU)V. Free Movement of Capital (Article 63 TFEU)VI. Exceptions (or Justifications): Invocability by IndividualsVII. Concluding Remarks4. NON-DISCRIMINATION PROVISIONS IN THE TFEUI. General ApproachII. Introduction to the Principle of Non-discriminationIII. SourcesIV. National Case LawV. Final Observations5. GENERAL PRINCIPLES OF EU LAWI. General Principles of a Public Law NatureII. The Principle of Non-discriminationIII. Abuse of Rights as a General Principle of EU LawIV. The Principle of Unjust Enrichment6. DIRECTIVESI. IntroductionII. Obligation of the Member States to Implement a DirectiveIII. Harmonious Interpretation (Interpretation in Conformity with a Directive) Imposed by EU LawIV. Harmonious Interpretation Not Imposed by EU Law: Interpretation of Open-Ended Principles of National Private LawV. Review of National Law against EU Law: Exceptionally, Disapplication of National law which Conflicts with EU LawVI. State Liability for DamagesVII. Spillover Effects of DirectivesVIII. Conclusion7. APPLICATION OF PRIMARY AND SECONDARY EU LAW ON THE NATIONAL COURTS' OWN MOTIONI. General ApproachII. Sources of EU LawIII. National CasesIV. Conclusion and Comparative Remarks

O autorze

Arthur Hartkamp is Professor of European Private Law at Radboud University Nijmegen. Carla Sieburgh is Professor of Private Law, in particular the influences of European Law on national private law at Radboud University Nijmegen. Wouter Devroe is Professor of EU and Economic Law at KU Leuven and Professor of Competition Law at Maastricht University.