Table of Contents

Research Handbook on EU Consumer and Contract Law

Research Handbook on EU Consumer and Contract Law

Research Handbooks in European Law series

Edited by Christian Twigg-Flesner

Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for future development of the law and research agendas. The Handbook is divided into three parts: first, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU Consumer Law, and the final part focuses on a number of important subjects which remain current for the development of EU Contract Law.

Chapter 8: Free movement and contract law

Chantal Mak

Subjects: law - academic, consumer law, european law, law of obligations

Extract

The development of the European internal market to a large extent depends on the possibilities for free trade across Member States' borders. EU free movement rules facilitate such trade, as they aim at removing obstacles to import and export among Member States. As such, they shape the legal sphere within which private actors conclude transactions regarding employment, provision of services, sale of goods and access to capital. In the first place, the free movement rules require EU Member States to make sure that measures deriving from the domestic level do not unjustifiably discriminate among their own citizens and those from other countries – they, thus, have a vertical effect (in the relationship between citizen and State). In the second place, free movement law affects relations among private actors themselves, insofar as it influences which rules of national law govern private legal relationships and it may under certain circumstances even have a direct horizontal effect (in disputes among private parties). That EU free movements have an impact on the rules of contract law governing private legal relationships is, accordingly, no longer contested. To what extent they do so, however, is a matter that has raised controversy and continues to inspire case law from the Court of Justice of the EU (CJEU). A central question is whether and to what effect free movement provisions can be invoked against private actors.

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