Efnisyfirlit

• 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
• 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
• II.A Direct Horizontal Effect
• II.B Indirect Horizontal Effects
• II.B.i Harmonious Interpretation of National Law by National Courts Imposed by EU Law
• II.B.ii Harmonious Interpretation of National Law by National Courts Not Imposed by EU Law
• II.B.iii Review of the Compatibility of National Rules with EU Law in Proceedings between Individuals
• II.B.iv Positive Obligations
• II.C Direct and Indirect Horizontal Effects and the Sources of EU Law
• II.C.i Introductory Remarks
• II.C.ii The TFEU
• II.C.iii Regulations
• II.C.iv Directives
• II.C.v General Principles of EU Law
• II.C.vi The Charter of Fundamental Rights
• III. Direct and Indirect Horizontal Effects: The Terminology of EU Law Scholars and of Private Law Scholars Compared and the Sources of EU Law
• III.A Introductory Remarks
• III.B Direct Effect in EU Law Terminology
• III.C Horizontal Effects in EU Law Parlance
• III.D The Approaches Compared
• III.E Concluding Remarks
• III.F Direct Horizontal Effect and Indirect Horizontal Effects: Chart Illustrating the Terminology Used in this Casebook with Some Well-Known CJ Cases
• IV. Spillover Effects
• IV.A Introductory Remarks
• IV.B A Voluntarily Broader (or ‘Spontaneous’) Harmonisation
• IV.C Aligning National Systems at a Stage Later than at the Implementation of a Directive
• IV.D Internal and External Situations
• 2. Competition Law
• I. General Part
• I.A General Approach
• I.B Sources of EU Competition Law
• I.B.i Article 101 TFEU and the Notion of ‘Agreement’
• I.B.ii Article 102 TFEU
• I.B.iii Article 106 TFEU
• I.B.iv Block Exemption Regulations
• I.B.v Other Secondary Legislation
• I.B.vi EC Notices and Guidelines
• I.B.vii Case Law of the GC and the CJ
• I.C Legislative vs Enforcement Powers in EU Competition Law
• I.C.i Legislative Powers in EU Competition Law
• I.C.ii Enforcement Powers in EU Competition Law
• I.C.ii.a The Position of the Treaties
• I.C.ii.b The CJEU and the Development of an EU Doctrine of Private Enforcement of Competition Law
• I.C.ii.c An Increased Role for National Judges
• II. Remedies for Infringements of the Competition Provisions
• II.A Nullity as a Sanction for Infringement of Article 101(1) TFEU
• II.A.i Nullity as a Sanction of EU Law
• II.A.ii Nullity as a Defence or an Action
• II.A.iii Characteristics of EU Competition Law Nullity
• II.A.iv Impact of Nullity on the Non-infringing Parts of the Agreement
• II.A.v Modification of a Void Agreement or Clause?
• II.A.vi Impact of Nullity on Follow-on Agreements
• II.A.vi.a Introduction: The Position of the EU Courts
• II.A.vi.b Starting Position of National Courts: No Impact on Follow-on Agreements
• II.A.vi.c Extension of Nullity Based on a Specific Provision
• II.A.vi.d Theories Developed by National Courts and Legal Scholarship
• II.A.vi.e Extension Based on General Contract Law Provisions
• II.A.vi.f The Follow-on Contract is Itself Affected by a Ground of Voidness or Voidability
• II.A.vii Reimbursement Duties
• II.B Nullity as a Sanction for Infringement of Article 102 TFEU
• II.C Injunctions and Interim Relief
• II.C.i General Overview
• II.C.ii The Division of Powers between the EC and the National Courts
• II.C.ii.a Interim Relief in EU Competition Matters: Access to a National Judge But Not Necessarily to the EC
• II.C.ii.b Positive Injunctions Can Only Be Granted by National Judges
• II.C.iii National Case Law
• II.D Damages
• II.D.i Overview
• II.D.ii The Fault-Binding Character of EC and NCA Infringement Decisions on National Courts
• II.D.iii Damage
• II.D.iii.a Type of Damage
• II.D.iii.b Quantification of Harm
• II.D.iii.c Passing-on Defence
• II.D.iv Causal Link
• II.D.v Procedure
• II.D.v.a Standing
• II.D.v.b Collective Redress
• II.D.v.c Access to Evidence
• II.D.v.d Time Limits, Limitation Periods and Prescription
• 3. Fundamental Freedoms:TFEU Provisions on Free Movement
• I. Introduction
• II. Free Movement of Goods (Articles 34 and 35 TFEU)
• II.A Sources: The TFEU, CJ Case Law, Materials
• II.A.i Direct Horizontal Effect
• II.A.ii Indirect Horizontal Effect
• II.A.ii.a Interpretation of National (Private) Law in the Light of Articles 34 and 35 TFEU
• II.A.ii.b Review of Compatibility of National Law with Articles 34 and 35 TFEU in Proceedings between Individuals
• II.A.ii.c Positive Obligation for the Member States to Safeguard the Free Movement of Goods on their Territory
• II.B National Case Law
• II.B.i Direct Horizontal Effect
• II.B.ii. Indirect Horizontal Effect
• III. Free Movement of Workers (Article 45 TFEU)
• III.A Sources: The TFEU, CJ Case Law, Materials
• III.A.i Direct Horizontal Effect
• III.A.ii Indirect Horizontal Effect
• III.B National Case Law
• III.B.i Direct Horizontal Effect
• III.B.ii Indirect Horizontal Effect
• IV. Freedom of Establishment and Freedom to Provide and Receive Services (Articles 49 and 56 TFEU)
• IV.A Sources: The TFEU, CJ Case Law, Materials
• IV.A.i Direct Horizontal Effect
• IV.A.ii Indirect Horizontal Effect
• IV.B National Case Law
• IV.B.i Direct Horizontal Effect
• IV.B.ii Indirect Horizontal Effect
• V. Free Movement of Capital (Article 63 TFEU)
• V.A Sources: The TFEU, CJ Case Law, Materials
• V.A.i Direct Horizontal Effect
• V.A.ii Indirect Horizontal Effect
• V.B National Case Law
• VI. Exceptions (or Justifications): Invocability by Individuals
• VI.A Sources: The TFEU, CJ Case Law, Materials
• VI.B National Case Law
• VII. Concluding Remarks
• Further Reading
• 4. Non-Discrimination Provisions in the TFEU
• I. General Approach
• I.A Categories of Private Law Cases influenced by Treaty Provisions on Non-discrimination
• I.B Structure of this Chapter
• II. Introduction to the Principle of Non-discrimination
• III. Sources
• III.A EU Rules Producing Direct Horizontal Effect
• III.A.i Article 18 TFEU
• III.A.ii Article 157 TFEU
• III.B EU Rules Not Producing Direct Horizontal Effect
• III.B.i Article 19 TFEU
• III.C Integration of Non-discrimination into the Laws of the Member States
• III.D Soft Law
• IV. National Case Law
• IV.A National Case Law within the Scope of Article 18 TFEU
• IV.A.i Direct Effect of the EU Rule
• IV.A.ii Indirect Effects of the EU Rule
• IV.A.ii.a Application of the EU Law Rationale via a National Rule that is in Conformity with the Rule of EU Law
• IV.A.ii.b Application of the EU Law Rationale by Harmonious Interpretation of a National Rule that is Not in Conformity with EU Law
• IV.A.ii.c Application of the EU Law Rationale by Reviewing an Incompatible Rule of National Law against EU Law
• IV.A.iii Positive Obligation of Member States that Impact on Horizontal Relations between Individuals
• IV.A.iv Miscellaneous
• IV.B National Case Law within the Scope of Article 157 TFEU (Equal Treatment of Men and Women)
• IV.B.i Direct Effect of the EU Rule
• IV.B.ii Indirect Applications of the EU Rule
• IV.B.ii.a Application of the Rationale of the Rule of EU law via a National Rule that is in Conformity with the EU Rule
• IV.B.ii.b Application of the Rationale of the EU Rule by Harmonious Interpretation of a National Rule that is Not in Conformity with EU Law
• IV.B.ii.c Application of the Rationale of the EU Rule by Reviewing an Incompatible Rule of National Law against EU Law
• IV.B.iii Positive Obligation of Member States that Has Impact on Horizontal Relations between Individuals
• IV.B.iv Miscellaneous
• IV.C National Case Law within the Scope of Article 19 TFEU
• V. Final Observations
• V.A Articles 18 and 157 TFEU May Substantively Change Horizontal Relationships
• V.B National Courts Do Explicitly Consider the Constitutional Framework or Mechanism(s) of Interaction between EU Law and Private Law
• V.C Fundamental Freedoms as an Instrument to Apply the Rationale of Non-discrimination
• V.D National Courts Usually Find Suitable Remedies in Case of Infringement of EU Law
• V.E Reverse Discrimination
• Further Reading
• 5. General Principles of Eu Law
• I. General Principles of a Public Law Nature
• I.A Introduction
• I.B The Principle of Effectiveness
• I.B.i The Principle of Effective Judicial Protection
• I.B.ii The Rewe Doctrine: The Requirements of Equivalence and Effectiveness
• I.C The Principle of Legal Certainty
• I.C.i Significant Legal Uncertainty May Involve a Breach of the Principle of Effectiveness
• I.C.ii Legal Certainty as a Limit to the Retroactive Effect of Preliminary Rulings
• I.C.iii Legal Certainty as a Limit to the Obligation of National Courts to Interpret and Apply their National Laws in Conformity with Directives
• I.D The Principle of Proportionality
• Further Reading
• II. The Principle of Non-discrimination
• II.A Introduction
• II.A.i Description of the General Principles as Developed by the CJEU and their Relation to the Treaty Provisions and to the Charter
• II.A.ii Categories of Private Law Cases Influenced by the General Principle of Non-discrimination and by the Charter
• II.B Sources
• II.C National Case Law
• II.C.i Direct Effect of the EU Rule
• II.C.ii Indirect Effects of the EU Rule
• II.C.ii.a Application of the Rationale of EU Law via a National Rule that is in Conformity with the EU Rule
• II.C.ii.b Application of the Rationale of EU Law by Harmonious Interpretation of a National Rule that is Not in Conformity with EU Law
• II.C.ii.c Application of the Rationale of EU Law by Reviewing an Incompatible Rule of National Law against EU Law
• II.C.iii Positive Obligation of Member States with Impact on Horizontal Relations between Individuals
• II.C.iv Miscellaneous
• II.D Final Observations
• II.D.i The General Principle of Non-discrimination May Substantively Change Horizontal Relationships
• II.D.ii National Courts Do Explicitly Consider the Constitutional Framework or Mechanism(s) of Interaction between EU Law and Private Law
• II.D.iii National Courts Usually Find Suitable Remedies in Case of Infringement of EU Law
• II.D.iv National Courts Give Consideration to the Protection of Legal Certainty and Legitimate Expectations
• II.D.v Additional Remarks
• Further Reading
• III. Abuse of Rights as a General Principle of EU Law
• III.A Introduction
• III.B Sources
• III.B.i The Development and Role Played by Abuse of Law as a General Principle of EU Law: Overview
• III.B.ii Discussion Surrounding the Precise Nature of the Principle
• III.B.iii Categories of Private Law Cases Influenced by the General Principle of Abuse of Rights
• III.C National Case Law
• Further Reading
• IV. The Principle of Unjust Enrichment
• IV.A Introduction
• IV.B The Action Arising from Unjust Enrichment
• IV.C The Defence of Unjust Enrichment
• IV.D Future Effects of the Principle of Unjust Enrichment
• Further Reading
• 6. Directives
• I. Introduction
• II. Obligation of the Member States to Implement a Directive
• II.A Prohibition to Adopt or Maintain National Provisions Not in Conformity with the Provisions of a Directive
• II.B Absence of the Direct Horizontal Effect of Provisions of an Unimplemented or Incorrectly Implemented Directive
• II.B.i Sources: CJ Case Law
• II.B.ii National Case Law
• II.C Broad Interpretation of the Concept of ‘State’
• II.C.i Sources: CJ Case Law
• II.C.ii National Case Law
• III. Harmonious Interpretation (Interpretation in Conformity with a Directive) Imposed by EU Law
• III.A Sources
• III.A.i CJ Case Law
• III.A.ii National Case Law
• III.B Duty of Interpretation and Scope
• III.B.i Sources: CJ Case Law
• III.B.ii National Case Law
• III.C Limits
• III.C.i Sources: CJ Case Law
• III.C.ii National Case 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
• V.A Introduction
• V.B Review against General Principles of EU Law Underlying Directive Provisions
• VI. State Liability for Damages
• VI.A Sources
• VI.A.i CJ Case Law
• VI.A.ii National Case Law
• VI.B Conditions
• VI.B.i Sources: CJ Case Law
• VI.B.ii National Case Law
• VI.C Consequences: Reparation of Damages
• VII. Spillover Effects of Directives
• VII.A Voluntary Broader Implementation
• VII.B Mandatory Broader Implementation through the (National) Principle of Equality
• VIII. Conclusion
• Further Reading
• 7. Application of Primary and Secondary Eu Law on the National Courts’ Own Motion
• I. General Approach
• I.A The EU Law Context
• I.B The Structure of this Chapter
• II. Sources of EU Law
• II.A The Van Schijndel Line of Case Law
• II.B Ex Officio Application of EU Law in Relation to Article 101 TFEU
• II.C Ex Officio Application in Relation to Consumer Contract Directives
• II.C.i Directive 93/13/EEC on Unfair Terms in Consumer Contracts
• II.C.ii The Other Consumer Contracts Directives
• III. National Cases
• III.A Comparative Background
• III.B National Case Law: Major Patterns
• III.B.i Decisive References to EU Law
• III.B.ii References to Both National Law and EU Law
• III.B.iii Miscellaneous
• IV. Conclusion and Comparative Remarks
• Further Reading
• Index
• Copyright Page