publié le 15 février, 2017
European Law and Private Law
Hart-Bloomsbury Publishing, March 2017, 528 p.
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.
Directed by Arthur Hartkamp (Professor of European Private Law, Radboud University Nijmegen; former Procureur-Général at the Supreme Court of the Netherlands), Carla Sieburgh (Professor at the Radboud University Nijmegen, The Netherlands), Wouter Devroe (Professor at the Leuven University, Belgium)
Members of the study group: Professor Ilse Samoy, Leuven University, Belgium – Assistant Professor Roel van Leuken, Radboud University Nijmegen, The Netherlands – Professor Oliver Remien, University of Würzburg, Germany – Professor Jerzy Pisulinski, Jagiellonian University, Krakow, Poland – Professor Anna Maria Mancaleoni, University of Cagliari, Italy – Professor Ulf Bernitz, University of Stockholm, Sweden – Professor José Caramelo Gomes, University Lusiada de Porto, Portugal – Lecturer Balazs Fekete, Eötvös Loránd University, Budapest Hungria – Professor Jeremias Prassl, Oxford University (Magdalen College), UK – Associate Professor Caroline Cauffman, Maastricht University, The Netherlands – Phd researcher Sander Van Loock, Leuven University, Belgium – Lecturer Blandine Bonnamour de Clavière, Lyon University, France – Professor Jean-Sylvestre Bergé, Lyon University, France.
- First meeting: 3 and 4 February 2012, Leuven (Belgium)
- Second meeting : 19 and 20 October 2012, Leuven (Belgium)
- Third meeting : 15 and 16 March 2013, Leuven (Belgium)
- Fourth meeting : 4 and 5 October, Cagliari (Italy)
- Fifth meeting : 11 and 12 April 2014, Porto (Portugal)
- Sixth meeting : 3 and 4 October 2014, Lyon (France)
- Seventh meeting : 27 and 28 March 2015, Leuven (Belgium)
- Final meetings : 3 & 4 April 2017, Amsterdam and The Hague (Netherlands)