Voluntary 'New Approach' Technical Standards are Subject to Judicial Scrutiny by the CJEU! – The Remarkable CJEU Judgment 'Elliott' on Private Standards

European Journal of Risk Regulation, Forthcoming

Wageningen Working Paper in Law and Governance 2017/05

26 Pages Posted: 20 Jun 2017 Last revised: 27 Jul 2017

See all articles by Kai P. Purnhagen

Kai P. Purnhagen

Wageningen University; Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics

Date Written: June 19, 2017

Abstract

The potential of the case on EU private law cannot be underestimated. Despite of the fact that with its answer the Court did not really get to the heart of question two, it took a remarkable stance on quite a number of heavily discussed issues in EU private law. I will first provide a short introduction to the underlying “new approach” regulation to make the reader familiar with this very special area of EU law. Subsequently, I will comment on the broader implications of the judgment. I will treat the answer of the Court not only as an answer to the special underlying Directive, but rather as a general guideline to the treatment of the underlying legal problems.

Keywords: New Approach, Freedom of Goods, Private Standards

Suggested Citation

Purnhagen, Kai Peter, Voluntary 'New Approach' Technical Standards are Subject to Judicial Scrutiny by the CJEU! – The Remarkable CJEU Judgment 'Elliott' on Private Standards (June 19, 2017). European Journal of Risk Regulation, Forthcoming ; Wageningen Working Paper in Law and Governance 2017/05. Available at SSRN: https://ssrn.com/abstract=2988895 or http://dx.doi.org/10.2139/ssrn.2988895

Kai Peter Purnhagen (Contact Author)

Wageningen University ( email )

Hollandseweg 1
Wageningen, 6706KN
Netherlands

Erasmus University of Rotterdam - Rotterdam Institute of Law and Economics ( email )

Burgemeester Oudlaan 50
PO box 1738
Rotterdam, 3000 DR
Netherlands

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