Cases, Materials and Text on European Law and Private Law

Arthur Hartkamp, Carla Sieburgh, Wouter Devroe, Arthur Hartkamp, Carla Sieburgh, Wouter Devroe

• Publisher: Hart Publishing
• Year: 2017
• Print ISBN: 9781509911875
• eBook ISBN: 9781509911882
• Edition: 1
• Topic: Droit
• Subtopic: Droit civil

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.

Table of contents

• Cover
• Title Page
• Acknowledgements
• Preface
• Contents
• Table of Abbreviations
• List of Short Titles
• Table of Cases
• Table of Legislation
• 1. Introductioneffects of Eu Law on Relationships between Individuals
• 2. Competition Law
• 3. Fundamental Freedoms:TFEU Provisions on Free Movement
• 4. Non-Discrimination Provisions in the TFEU
• 5. General Principles of Eu Law
• 6. Directives
• 7. Application of Primary and Secondary Eu Law on the National Courts’ Own Motion
• Index
• Copyright Page