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
Date Written: June 19, 2017
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
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