Property Law and the Internal Market
Maastricht University - Maastricht European Private Law Institute (M-EPLI)
July 20, 2009
THE FUTURE OF EUROPEAN PROPERTY LAW, Sjef van Erp, Arthur Salomons and Bram Akkermans, eds., München: Sellier European Law Publishers, 2012
Not often has the case law of the CJEU been applied to property law. There are many more aspects of property law that could be influenced by case law of the CJEU. The four freedoms can influence property law. To a large extent, the free movement of goods and its effect on property law, especially retention of title, has been considered. Because property law, in most Member States, forms a coherent system, the rules that apply to one property right also apply to other property rights. The effects of the four European freedoms on national property law can therefore potentially be more far reaching than just property security rights on movables, such as retention of title. This contribution seeks to explore some of the effects of the existing case law of the CJEU on property law in general. In doing so, this contribution focuses on the free movement of goods, capital and services.
Number of Pages in PDF File: 37
Keywords: European Union Law, European Private Law, European Property Law
Date posted: July 24, 2009 ; Last revised: September 1, 2011