4 juli 2017

Free movement of goods and services and private law

Intersentia 2017 – The , and the underlying relationships that are governed by them, is pervasive and multi-faceted. This Chapter provides a systematic analysis of private law implications of the application of this part of EU Internal Market law. It assesses via which doctrines the free movement of goods and services create, modify or extinguish rights and obligations in ‘horizontal’ relations (i.e. relations governed by private law) and whether and how private law remedies are affected in that process as well. Anticipating those consequences is important for legal practice, as they may offer genuine and powerful arguments to solve the underlying private law dispute. A disputant may then leverage primary EU law regulating the trade in goods and provision of services to achieve a favourable outcome. In more academic terms, the analysis helps private law and EU law scholars to better understand the differences that exist between the free movement of goods and services as far as their application to horizontal relations is concerned.

The Chapter is part of the collection Primary EU Law and Private Law Concepts edited by Hans-W. Micklitz and Carla Sieburgh. The collection starts with the hypothesis that the European Court of Justice has developed concepts in private law cases which differ in substance from the concepts that exist in the private law systems of the Member States. It aims to present developments in the current law of which EU lawyers and private lawyers generally are unaware. It offers ground-breaking analyses of the main private law concepts (the person, property, contract and tort and remedies) as they are used, created or adjusted by the Court. Each analysis results from insights obtained from the substantive meaning of the concepts deployed in the Court’s case law, disconnected from the national meanings of such concepts. The direction of this analysis is from the cases to the concepts, not the other way around: the cases and the facts behind the private law relationships are the starting point. In this way the analyses show in detail how primary EU law influences private law relationships.

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