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Free Movement of Goods and Property Law


Bram Akkermans


Maastricht University - Maastricht European Private Law Institute (M-EPLI)

Eveline Ramaekers


Wadham College Oxford; M-EPLI

May 28, 2011

Maastricht European Private Law Institute (M-EPLI) Working Paper 26/2011
European Law Journal, Forthcoming

Abstract:     
In the EU there is an internal market in which there is free movement of goods. The effects of internal market law are very wide because of the focus on economic integration. Every aspect of national law is potentially subject to the influence of EU law. This includes the application of internal market law to areas of property law that is usually considered a purely national competence.
In the area of movable property law – surprisingly – there have been no actual cases. When a property right is created in one Member State and the object on which it was created is moved to another Member State, the rules of private international law in combination with the application of national property law, which adheres to a closed system of property rights, will result in a loss of right. This is a substantial hindrance to intra-Union trade. Recent developments in the case law on the free movement of goods merit renewed attention to these types of fact patterns. With a market access test, our argument of application of EU law becomes stronger. The ECJ might pass judgment on private international law and national property law advancing the creation of a European property law.

Number of Pages in PDF File: 29

Keywords: European Property Law, Free Movement of Goods, (mutual) recognition of property rights

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Date posted: May 29, 2010 ; Last revised: June 22, 2011

Suggested Citation

Akkermans, Bram and Ramaekers, Eveline, Free Movement of Goods and Property Law (May 28, 2011). European Law Journal, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1617182 or http://dx.doi.org/10.2139/ssrn.1617182

Contact Information

Bram Akkermans (Contact Author)
Maastricht University - Maastricht European Private Law Institute (M-EPLI) ( email )
PO Box 616
Maastricht, 6200 MD
Netherlands
Eveline Ramaekers
Wadham College Oxford ( email )
Oxford OX1 3PN
United Kingdom
M-EPLI ( email )
P.O. Box 616
Maastricht, NL-6200 MD
Netherlands
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