Cases, Materials and Text on European Law and Private Law de Arthur Hartkamp

Cases, Materials and Text on European Law and Private Law: Ius Commune Casebooks for the Common Law of Europe

Arthur Hartkamp

Professor Carla Sieburgh

Professor Wouter Devroe

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.

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Notă biografică

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.

Cuprins

1. INTRODUCTIONEFFECTS 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