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Vol 24 No 9 Sept/Oct 2019

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Cases, Materials and Text on European Law and Private Law (eBook)

Edited by:  Arthur Hartkamp, Carla Sieburgh, Wouter Devroe

ISBN13: 9781509911882
Published: March 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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This Casebook deals with the horizontal effects of EU law with regard to 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, eg 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.

Subjects:
EU Law, eBooks
Contents:
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

Series: Ius Commune Casebooks for the Common Law of Europe

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