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Prohibition of Abuse of Law : a New General Principle of EU Law?.

The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal princ...

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Detalles Bibliográficos
Clasificación:Libro Electrónico
Autor principal: Vogenauer, Stefan
Otros Autores: De La Feria, Rita
Formato: Electrónico eBook
Idioma:Inglés
Publicado: Oxford : Hart, 2011.
Colección:Studies of the OIECL.
Temas:
Acceso en línea:Texto completo
Tabla de Contenidos:
  • De La Feria and Vogenauer_EB657 Prohibition of Abuse of Law 9781847316561; De La Feria and Vogenauer_EB647 Prohibition of Abuse of Law 9781847316561.pdf; Prelims; Preface; Foreword; Contents; Contributors; Part 1. Introduction. Introducing the Principle of Prohibition of Abuse of Law; Part 2. The Framework: General Principles of EU Law and the Prohibition of Abuse; Chapter 1. Prohibition of Abuse of (European) Law: The Creation of a New General Principle of EU Law through Tax: A Response; Chapter 2. What is a General Principle of EU Law?
  • Chapter 3. What is a General Principle of EU Law? A ResponseChapter 4. The Abuse of Rights in the Civil Law Tradition; Part 3. The Origins: Free Movement of Services; Chapter 5. Fitting 'Abuse of Rights' into EU Law Governing the Free Movement of Goods and Services; Chapter 6. Free Movement of Broadcasting Services and Abuse of Law; Chapter 7. The Notion of Abuse and the Freedom to Provide Services: A Labour Lawyer's Perspective; Part 4. The Development: Freedom of Establishment, Company Law and Competition Law.
  • Chapter 8. Sparking Regulatory Competition in European Company Law: The Impact of the Centros Line of Case Law and its Concept of 'Abuse of Law'Sparking Regulatory Competition in European Company Law: A Response; Chapter 10. Abuse of Law in the Context of European Insolvency Law; Chapter 11. Abuse of European Insolvency Law? A Discussion; Chapter 12. Abuse of Rights in EU Law: Some Reflections with Particular Reference to Financial Law; Chapter 13. Comments on Abuse of Rights in EU Law; Part 5. The Test: Free Movement of Goods and Common Agricultural Policy.
  • Chapter 14. The Emsland-Starke Abuse of Law Test in the Law of Agriculture and Free Movement of GoodsChapter 15. The Notion of and a General Test for Abuse of Rights: Some Normative Reflections; Part 6. The Unknown: Private Law and International Civil Procedure; Chapter 16. Abuse of Law in EU Private Law: A (Re- )Construction from Fragments; Chapter 17. Comments on 'Abuse of Law' in European Private Law; Chapter 18. The Rejection of Abuse in International Civil Procedure; Chapter 19. The Discreet Influence of Abuse of Law in International Civil Procedure.
  • Part 7. The Exceptions? Free Movement of Workers and CitizenshipChapter 20. 'Prohibition of Abuse of Law': A New General Principle of EU Law; Chapter 21. 'Abuse of Law' in the Context of the Free Movement of Workers; Chapter 22. Comments on Abuse of Law and the Free Movement of Workers; Chapter 23. Citizenship of the Union: Above Abuse?; Chapter 24. Some Comments on the Idea of a General Principle of Union Law Prohibiting Abuses of Law in the Field of Free Movement for Union Citizens; Part 8. The Confirmation? Tax Law.