Cases, Materials and Text on European Law and Private Law

Arthur Hartkamp, Professor Carla Sieburgh, Professor Wouter Devroe (Herausgeber)

Buch | Softcover

528 Seiten

2017
Hart Publishing (Verlag)
978-1-5099-1187-5 (ISBN)

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This Casebook deals with the horizontal effects of EU law, which is to say 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. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education.

This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability.

In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

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.

1. INTRODUCTION
EFFECTS OF EU LAW ON RELATIONSHIPS BETWEEN INDIVIDUALS
I. EU Law and Private Law: Introductory Remarks
II. Direct Horizontal Effect and Indirect Horizontal Effects of EU Law Rules: Terminology as Used in this Casebook
III. Direct and Indirect Horizontal Effects: The Terminology of EU Law Scholars and of Private Law Scholars Compared and the Sources of EU Law
IV. Spillover Effects
2. COMPETITION LAW
I. General Part
II. Remedies for Infringements of the Competition Provisions
3. FUNDAMENTAL FREEDOMS:TFEU PROVISIONS ON FREE MOVEMENT
I. Introduction
II. 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 Individuals
VII. Concluding Remarks
4. NON-DISCRIMINATION PROVISIONS IN THE TFEU
I. General Approach
II. Introduction to the Principle of Non-discrimination
III. Sources
IV. National Case Law
V. Final Observations
5. GENERAL PRINCIPLES OF EU LAW
I. General Principles of a Public Law Nature
II. The Principle of Non-discrimination
III. Abuse of Rights as a General Principle of EU Law
IV. The Principle of Unjust Enrichment
6. DIRECTIVES
I. Introduction
II. Obligation of the Member States to Implement a Directive
III. Harmonious Interpretation (Interpretation in Conformity with a Directive) Imposed by EU Law
IV. Harmonious Interpretation Not Imposed by EU Law: Interpretation of Open-Ended Principles of National Private Law
V. Review of National Law against EU Law: Exceptionally, Disapplication of National law which Conflicts with EU Law
VI. State Liability for Damages
VII. Spillover Effects of Directives
VIII. Conclusion
7. APPLICATION OF PRIMARY AND SECONDARY EU LAW ON THE NATIONAL COURTS’ OWN MOTION
I. General Approach
II. Sources of EU Law
III. National Cases
IV. Conclusion and Comparative Remarks

Erscheinungsdatum	09.03.2017
Reihe/Serie	Ius Commune Casebooks for the Common Law of Europe
Verlagsort	Oxford
Sprache	englisch
Maße	169 x 244 mm
Gewicht	916 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
ISBN-10	1-5099-1187-1 / 1509911871
ISBN-13	978-1-5099-1187-5 / 9781509911875
Zustand	Neuware