Article 345 TFEU (ex. 295 EC), Its Meanings and Interpretations
Maastricht University - Maastricht European Private Law Institute (M-EPLI)
Wadham College Oxford; Maastricht University - Faculty of Law; M-EPLI
July 20, 2009
European Law Journal, Vol. 16, No 3, pp. 292-314, May 2010
Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex. Art 295 EC) is clear from its wording. This contribution seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the Union’s Institutions and by the Member States. Article 345 TFEU, formerly 295 EC and, before that, 222 EEC, is an Article that limits, but not prevents, the application of the TFEU Treaty as a whole to the way in which rules of a Member State deal with the right of ownership of undertakings. The conclusion can be drawn that Article 345 TFEU only concerns the private or public ownership of undertakings, with which the Union shall not concern itself and which can thus be regulated by the Member States themselves, especially since there is no apparent reason why the reference to undertakings was removed from the final version of the Article. Most importantly, the Article does not concern the content of the right of ownership, nor the objects of a right of ownership. It does therefore not form an obstacle to the development of a European property law.
Number of Pages in PDF File: 25
Keywords: European Union Law, European Private Law, Property Law, 295 ECAccepted Paper Series
Date posted: July 20, 2009 ; Last revised: December 22, 2011
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