Cases, Materials and Text on European Law and Private
Law
by Arthur Hartkamp (Author, Editor), Carla Sieburgh
(Editor), Wouter Devroe (Editor)
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.
