The Treaties Shall in No Way Prejudice the Rules in Member States Governing the System of Property Ownership: Article 345 TFEU (Ex Article 295 EC), its Meanings and Interpretations

23 Pages Posted: 26 Apr 2010

See all articles by Bram Akkermans

Bram Akkermans

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

Eveline Ramaekers

Amsterdam Law School; M-EPLI

Abstract

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 Article 295 EC) is clear from its wording. This article seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the EU's institutions and by the Member States. Article 345 TFEU, formerly Article 295 EC and, before that, Article 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 Community shall not concern itself and which can thus be regulated by the Member States themselves. 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.

Suggested Citation

Akkermans, Bram and Ramaekers, Eveline, The Treaties Shall in No Way Prejudice the Rules in Member States Governing the System of Property Ownership: Article 345 TFEU (Ex Article 295 EC), its Meanings and Interpretations. European Law Journal, Vol. 16, Issue 3, pp. 292-314, May 2010. Available at SSRN: https://ssrn.com/abstract=1594415 or http://dx.doi.org/10.1111/j.1468-0386.2010.00509.x

Bram Akkermans (Contact Author)

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

PO Box 616
Maastricht, 6200 MD
Netherlands

HOME PAGE: http://www.mepli.eu

Eveline Ramaekers

Amsterdam Law School ( email )

Amsterdam, 1018 WB
Netherlands

M-EPLI ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
5
Abstract Views
696
PlumX Metrics