European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

In 1992, the European Communities and the Member States of the European Free Trade Association (EFTA) signed the Agreement on the European Economic Area, which came into force on 1 January 1994. The purpose of this agreement was specifically to establish the free movement of goods, persons, services and capital between the signatories, and to set up a system of undistorted competition. After the a …

The European Economic Area (EEA)

The Treaties of Rome signed on 25 March 1957, established the European Economic Community (EEC), which, since the Treaty of Maastricht, has become the European Community (EC), and the European Atomic Energy Community (EAEC or Euratom), respectively, thereby generalizing at the level of the economy as a whole, the fundamental principles laid down by the Treaty of Paris of 18 April 1951 (ECSC) for the coal and steel industry, i.e. abolition of trade restrictions, regulation of competition and joint economic policy. Although each Community remained legally distinct, they were to share common institutions under the Treaty of Brussels of 8 April 1965. When the ECSC Treaty expired on 23 July 2002, the ECSC's competencies were transferred to the European Community.

Since then, all development in the construction of the Communities has consisted in doing away with its exclusively economic dimension, by consistently transferring new responsibilities to the EU authorities. However, the European Community remained the major organization. Alongside the so-called first Community pillar, a second pillar could be distinguished which handled common foreign and security policy (CFSP) and a third pillar devoted to cooperation on justice and home affairs, which finally only included police and judicial cooperation in criminal matters as the Treaty of Amsterdam included the other provisions in the EC Treaty itself.

Following the Treaty of Rome, the Single European Act of 17-28 February 1986, which entered into force on 1 July 1987 relaxed the procedure for the harmonization of national legislations (Articles 100 A and 100 B) and put in place new policies underpinning the single market: on political and social cohesion, the environment and research and development policy. The European Union, which was set up by the Treaty of Maastricht of 7 February 1992 and which created in particular European citizenship (Article 8 of the EC Treaty) and provided for the adoption of the single currency from 1 January 1999, included, but did not replace the Communities. The texts were amended by the Treaty of Amsterdam of 2 October 1997 and the Treaty of Nice of 26 February 2001, which came into force on 1 May 1999 and 1 February 2003 respectively.

The Treaty of Lisbon, which has been the new foundation stone of the European Union since 1 December 2009, amends the provisions of the Treaty on European Union (TEU) and those of the Treaty establishing the European Community, now the Treaty on the Functioning of the European Union (TFEU). It includes significant institutional changes, such as the creation of a permanent president and a representative for foreign affairs. The allocation of votes between the Member States is modified, the Commission's powers are extended and the participation of the Parliament in the law-making process is reinforced.

Articles 1 to 17 TFEU lay down the “principles” governing the European Union. The preamble of the Treaty on the Functioning of the European Union provides “the removal of existing obstacles calls for concerted action in order to guarantee steady expansion, balanced trade and fair competition”. Articles 26 and 27 define the internal market which is the objective of the European Union as set forth in Article 3 TEU. The rules on the free movement of goods can be found in Articles 28 et seq. TFEU, the rules on the right of establishment and services in Articles 49 et seq. TFEU. Free movement of capital is referred to in Articles 63 et seq. TFEU.

According to Article 26 TFEU, the Union adopts measures with the aim of establishing or ensuring the functioning of the internal market, which is defined as an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties. The Council, on a proposal from the Commission, determines the guidelines and conditions necessary to ensure that those aims are achieved and must take into account the differences in economic development when drawing up its proposals, and the Commission may propose provisions in the form of derogations of a temporary nature (Article 27 TFEU).

The emphasis placed by the founders of the European Community on the need to achieve the unification of Europe through the integration of the economies of the Member States naturally led the European authorities to develop a European law of business, but the European rules also impinged on other areas ranging from agriculture and transport to consumer law, as well as employment law, health, education, the environment and research.

The Treaties 

The EC Treaty has been in application since the founding of the European Economic Community on the territory of the original six Member States: Germany, Belgium, France, Italy, Luxembourg and the Netherlands. Other European States then progressively joined the founding States: Denmark, Ireland and the United Kingdom joined on 1 January 1973; Greece on 1 January 1981; Spain and Portugal on 1 January 1986; Austria, Finland and Sweden on 1 January 1995; Hungary, Poland, the Czech Republic, Slovakia, Slovenia, Lithuania, Estonia, Latvia, Cyprus and Malta on 1 January 2004; Bulgaria and Romania on 1 January 2007, and Croatia pn 1 July 2013. The European Union now has 28 members and represents 500 million inhabitants. The sixteen Euro zone countries have a single currency with their monetary policies coordinated by the European Central Bank.

The transferring of certain competencies from the States to the institutions of the European Community has been carried out partially and progressively.

The TFEU sets limits to the Union's powers even relative to its scope of application. The adoption of the Treaty does not therefore entail a simple substitution of European law for national law but is a superposition of the two bodies of complementary, and sometimes concurrent, rules. Therefore, the creation of European intellectual property law has not meant the suppression of national laws in that field.

The EU authorities now allow the national authorities greater independence in implementing European law based on the principle of subsidiarity, expressly mentioned in Article 5 TFEU, which involves only bringing essential matters to the forefront and pushing to the periphery those which seem less significant.

Relations with Member States

In 1992, the European Communities and the Member States of the European Free Trade Association (EFTA) signed the Agreement on the European Economic Area, which came into force on 1 January 1994. The purpose of this agreement was specifically to establish the free movement of goods, persons, services and capital between the signatories, and to set up a system of undistorted competition. After the accession of Austria, Finland and Sweden to the European Community on 1 January 1995, only Iceland, Norway and Lichtenstein now remain members of the EEA. Switzerland, which had signed the Agreement, ended up withdrawing from the EEA following a negative referendum. The provisions of the EEA Agreement are identical to those of the TFEU on free movement and extend all the European rules for the application of the four freedoms to the three EFTA States. As the EU adopts new legislation - regulations or directives - incorporation decisions are adopted for their full or partial integration into the EEA Agreement. As soon as the EU law is incorporated into the Agreement it can be transposed into the internal law of the three States according to their national norms. These incorporation decisions are a formality as the EFTA States have no margin of discretion with regard to the European texts to be incorporated. Only technical adjustments are possible.

The EEC Treaty was first and foremost economy-based and from the outset aimed to eliminate barriers to the free movement of goods, capital, persons and services through the creation of a common market and to set up a system ensuring undistorted competition. Throughout the first thirty years of the existence of the common market, the Communities have endeavored to do away with obstacles to free movement. Thus in 1968 quotas and customs duties for the trade of goods between Member States were eliminated. However, in light of the nervousness of Member States faced with internal economic difficulties in a period of crisis - especially in the early 1980s -, the Communities were unable to unanimously take the necessary measures. Ultimately, the stated aim of the Treaty of Rome and the time-frame fixed for its achievement - the progressive establishment of the common market over a period of twelve years - were not observed. The Council had however from 1961 implemented general programs aimed at removing the obstacles to the freedom of establishment and the freedom to provide services. These programs were non-binding general frameworks and were not respected by the Council which adopted the announced directives much later than planned. The first coordination Directives, notably in banking and insurance were adopted between 1972 and 1979. 

A new impetus came with the arrival of new Member States and the introduction of the Single European Act in 1986. Most importantly, the possibility of now taking majority decisions unblocked the situation: between 1986 and 1992, the Union adopted 280 pieces of legislation on the opening of national markets. Some replaced national legislation; others put in place the system of mutual recognition of different national standards and techniques. From 1993, the single market became a reality. Integration has since been pursued intensely with the number of Internal Market Directives increasing from 1291 in 1995 to 1475 in 2002 .

The transition to 27 Member States in 2007 created the necessity for institutional change and the setting of new objectives. In October 2010, the Commission adopted the Single Market Act, which sets out measures designed to boost the European economy in the wake of the financial crisis. Having found a lack of integration in certain areas within the Union due to incomplete legislation and improper application of the existing rules, the Directorate General for the Internal Market is re-launching uncompleted programs such as the European patent, intends to tackle new areas such as online purchase and to reinforce its strategies in other areas e.g. counterfeit.

The services market, which has already had a directive devoted to it (see No 11.03 et seq.), is of particular concern due to its potential in terms of economic development: a new legislation aimed at improving the single market for services was proposed in 2011 . 

The DG Internal Market now also wishes to speed up the common standards process within the EU, enable easier access to financing for SMEs and improve VAT systems, approach public procurement in terms of sustainable development and environmental protection, define a common consolidated corporate tax base, reform the systems for the recognition of professional qualifications, and create a single integrated consumer credit market. 

This constant progression toward integration is reflected by a modification of the structure and the scope of the secondary legislation. Directives, which at first sought a minimum of harmonization, today tend to increasingly result in a maximum harmonization and have become unification Directives: the new legislation seeks to remove any difference - even when favorable - in the level of protection granted by national laws that is liable to create a greater burden for undertakings and hinder the proper functioning of the internal market. 

Commission Working Document, The Internal Market - Ten Years without Frontiers.

Commission Communication COM(2011)20 final, Towards a better functioning Single Market for services - building on the results of the mutual evaluation process of the Services Directive. 

Aims of European business law

The Council, the Court of Justice and the Commission are responsible for ensuring the achievement of the tasks entrusted to the Union (TFEU Art. 119). The Council, which ensures definition of policies and coordination, consists of a representative of each Member State at ministerial level, authorized to commit the government of the Member State it represents and to exercise a voting right (Art. 16 TFEU). 

The Court of Justice of the European Union consists of the Court of Justice, the General Court and specialized tribunals which, each within its jurisdiction, ensure that the law is observed in the interpretation and application of the Treaty (Art. 19 TFEU). In particular, the General Court has jurisdiction to hear and determine at first instance direct actions or proceedings instituted by natural or legal persons against acts of the Union institutions or actions brought by Member States against the Council, which may be subject to a right of appeal to the Court of Justice on points of law only (Art. 256 TFEU). It reviews the legality of decisions subject to its assessment and may decide that they are null and void or find that the prosecuted Union body has failed to act. Furthermore, where a Member State has failed to fulfil an obligation, the Commission (Art. 258 TFEU) or another Member State - after first bringing the matter before the Commission - may bring the matter before the Court of Justice (Art. 259 TFEU). The Commission delivers a reasoned opinion after each of the States concerned has been given the opportunity to submit its own case and its observations. The matter may be brought before the Court of Justice after the opinion or within three months of the date on which the matter was brought before the Commission. If the Court of Justice finds that a Member State has failed to fulfil an obligation, the State must take the necessary measures to comply with the judgment of the Court (Art. 260 TFEU). If the Commission considers that the Member State concerned has not taken the necessary measures to comply with the judgment of the Court, it may bring the case before the Court and a pecuniary sanction may ensue. Under Article 267 TFEU, The Court of Justice of the European Union has jurisdiction to give preliminary rulings concerning the interpretation of the Treaties and the validity and interpretation of acts of the European institutions.

The Commission consists of twenty-eight members who are chosen on the grounds of their general competence and whose independence is guaranteed (Art. 245 TFEU). Members are chosen according to a system of rotation based on a strictly equal footing with each successive Commission composed so as to reflect satisfactorily the demographic and geographical range of all the Member States (Art. 244 TFEU). 

As the EU's executive branch, the Commission implements its policies and ensures compliance with the provisions of the Treaty and the secondary legislation. The Directorate General for Internal Market and Services responsible for the functioning of the internal market and the elimination of obstacles to the free movement of goods, persons, services and capital , applies EU policy in areas going from financial services to industrial property and copyright and includes, inter alia, public procurement and corporate law. The free movement of workers is handled by the DG for Employment, Social Affairs and Inclusion.

Under the terms of Article 288 TFEU, the institutions adopt regulations and directives to exercise the Union's competences. The Treaty provides for two procedures of adoption. The ordinary legislative procedure by joint decision is used for the adoption of legislation by the European Parliament and Council on a proposal from the Commission (procedure defined in Art. 294 TFEU). In the specific cases provided for by the Treaty, the special legislative procedure for the adoption of legislation only requires the intervention of the European Parliament and the Council. Those “legislative acts” may delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act (Art. 290 TFEU). Where the Treaties do not specify the type of act - regulation or Directive - to be adopted, the institutions select it on a case by-case basis, in compliance with the applicable procedures and with the principle of proportionality (Art. 296). 

Article 114 TFEU provides that the ordinary legislative procedure is generally applicable to measures for the approximation of the provisions which have as their object the establishment and functioning of the internal market, except for provisions which directly affect the establishment or functioning of the internal market which fall under the special legislative procedure (Art. 115). 

Areas falling under the ordinary legislative procedure include, notably, customs cooperation (Art. 33), freedom of establishment, it being stipulated that in this area the authorities act by means of Directive (Art. 50), freedom to provide services, also by way of Directive (Art. 59) and finally the free movement of capital for provisions relating to movement of capital to and from third countries involving direct investments including investment in real estate, establishment, the provision of financial services or the admission of securities to capital markets; however, the special procedure applies to measures which constitute a step backwards as regards the liberalization of the movement of capital to or from third countries (Art. 64). 

The Commission includes in this framework the single market of goods, services and capital.

Supervisory authorities

In order to create a single market, to abolish the obstacles to free movement and to simplify the rules, Europe has adopted a set of norms in direct relation to those objectives mainly concerning undertakings in the context of the exercise of their economic activity. All of the rules make up European business law. In addition to the articles of the TFEU relating to the internal market, this legal corpus includes directives and regulations. The first directives were mainly intended to remove the restrictions on the freedom of movement before being used to harmonize the laws of the Member States. The regulations were used to unify the legal rules in the Union and defend the internal market against attacks from external operators. As soon as the European institutions took on the objective of unifying the rules, their scope of intervention became unlimited, especially since extra-economic considerations have been progressively added with the adoption of successive treaties to the initially solely economic concerns of the drafters of the Treaty of Rome. The Union has thus established the fundamental principle of equality between men and women (Art. 2 TEU and 21 to 33 of the Charter of Fundamental Rights), which it is committed to promoting in all its activities (Art. 3 TEU and 8 TFEU). Other purely economic provisions either are more detailled or more general than the rules to be examined here. Laws for the protection of the environment implemented by the EU in order to reduce emissions of greenhouse gases in compliance with the Kyoto Protocol of 11 December 1997 fall under the latter group. The Union has opted for a system of exchange of rights for emissions of greenhouse gases, which rewards undertakings that reduce emissions of carbon dioxide (CO2) and penalizes those who exceed the limits laid down. Directive No 2003/87 of 13 October 2003, as amended by Directive No 2009/29 of 23 April 2009 , authorizes operators of installations that emit greenhouse gases associated with one of the activities cited in the annex of the text (activities in the energy sector, production and processing of ferrous metals, the minerals industry and the production of pulp, paper and cardboard) to emit such gases provided that they are capable of monitoring and reporting the emissions (Art. 6). From 2008, Member States have allocated at least 90 % of the allowances free of charge (art. 10), according to a national allocation plan which sets out the total quantity of allowances they will allocate. Allowances must be able to be transferred between persons within the Union and persons within the Union and persons in third countries, where such allowances are recognized, with operators under the obligation each year to surrender a number of allowances equal to the total emissions from that installation during the preceding calendar year (Art. 12). Directive No 2009/29 has primarily changed the method of allocation which starting in 2012, will be based on the principle of auctioning, regarded as simpler and more effective from an economic point of view. 

At the other end of the chain, we find the rules relative to standardization, labelling, advertising and information. Although ancillary to the principle of free movement, standardization plays an essential role in the proper functioning of the internal market, in combination with the principle of mutual recognition. It increases the competitiveness of undertakings, particularly those of medium and small size, and contributes to improving information to consumers. Since 1992 the Commission has adopted a new approach to technical harmonization and the use of standardization, which consists in establishing the general regulatory provisions applicable to sectors or families of products, and the types of risks, rather than resolving technical harmonization on a product by product basis. The “new approach” directives provide controls before and after the marketing of products in order to ensure better product safety . The sectors particularly concerned are toys (Dir. No 2009/48 of 18 June 2009), machines (Dir. No 2006/42 of 17 May 2006), medical devices (Dir. No 93/42 of 14 June 1993), or household electrical appliances (Dir. No 2010/30 of 19 May 2010). 

Directive No 2000/13 of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, of general horizontal harmonization  has a twofold purpose: informing and protecting consumers. The directive establishes a number of mechanisms, such as the prohibition of labelling likely to mislead the purchaser  or, regardless of its misleading nature, labelling which attributes to any foodstuff the property of preventing, treating or curing a human disease, or refers to such properties (Art. 2) ; lays down a list of the only particulars a Member State may make compulsory on the labelling of foodstuffs (Art. 3) ; establishes the rules relative to the name under which a product is sold (Art. 5) ; imposes that ingredients be listed (Art. 6 and 7)  and sets forth the indication of a date of minimum durability of foodstuffs (Art. 9) . Lastly, the distribution of foodstuffs on the European territory with the labelling in a language that is difficult for the consumer to understand  is prohibited, unless there are other means of ensuring the consumer is properly informed . The Member States do retain a certain margin of maneuver as Article 18(2) allows them the possibility of derogating from the prohibition on forbidding trade in foodstuffs which comply with the directive, when the aim of the legislation in question is the protection of public health, the prevention of fraud, the protection of the industrial and commercial property rights, indications of provenance, registered designations of origin and prevention of unfair competition . The derogation concerns only the labelling of foodstuffs but not the advertising thereof; where a dispute concerns the advertisement of foodstuffs, national compliance must be assessed under Article 34 and 36 TFEU .

Directive No 76/768 of 27 July 1976 on cosmetic products approximates the laws of the Member States in order to abolish the hindrances to trade in cosmetic products due to differences between national laws which obliged European undertakings to vary their production according to the Member State for which the products were intended. It was replaced from 11 July 2013 by Regulation No 1223/2009 of 30 November 2009 the stated objective of which is the protection of health and consumer information by monitoring the content of product labelling while at the same time providing a system of assessment of product safety and banning animal testing. 

Directive No 2001/83 of 6 November 2001 establishes a European code for medicinal products for human use, which includes various European texts relating to medicinal products for human use. The code sets out common rules relating to the advertising of medicines, regardless of the recipient, and prohibits all advertising of medicinal products for which a marketing authorization in compliance with EU law has not been obtained or where all the particulars do not correspond to the information stated in the summary of the product characteristics . 

Lastly, the Union has defined a strategic framework for the completion of a single European information society and media services based on inclusion . To achieve this, the Commission has produced a regulatory framework for electronic communications networks and services (Directive No 2002/21 of 7 March 2002), which covers all electronic communications networks and services  and promotes the independence of the national regulatory authorities (NRAs), and the obligation to provide for a right of appeal of users and providers of networks or electronic communications services to an independent body in case of challenges to a decision of an NRA. Directive No 2000/31 of 8 June 2000 regulates certain legal aspects of electronic trade. The applicable legislation for service providers of the information society is that of the Member State where they are established. The directive considers that a service provider's place of establishment is the place where he/she actually pursues an economic activity through a fixed establishment for an indefinite period. Online services should not be subject to a prior authorization unless they concern a regulated activity such as banking. Internet service providers must make the basic information concerning their activities easily, directly and permanently accessible .

In order to guarantee that consumers have the necessary information and in the interests of fair trading, the commercial communications must be clearly identifiable as such (Art. 6), especially when communicated via e-mail. Contracts concluded by electronic means must be authorized (Art. 9), provided that they comply with the information requirements (Art. 10) . 

The final part of the directive governs the issue of the obligations relating to intermediaries, specifically webhosts, exonerating those whose activity is merely passive whilst allowing Member States to require access providers to communicate to the competent authorities information enabling the identification of recipients of their service with whom they have storage agreements (Art. 12 et seq.).

Which states in Article 3 that the provisions of the 2003 Directive remain applicable until 31 December 2012.

For product safety see Directive No 2001/95 of 3 Dec. 2001 on general product safety, which applies in the absence of European rules specifically governing the safety of certain categories of products, or when these specific regulations contain shortcomings.

See Case C-369/89 Piageme and others v BVBA Peeters [1991] ECR I-2971, LawLex200900000554JBJ; C-33/97 Colim [1999] ECR I-3175, LawLex200700001819JBJ; C-366/98 Criminal proceedings against Geffroy and Casino France SNC [2000] ECR I-6579, LawLex200700001634JBJ.

See Cases C-421/00, C-426/00 Sterbenz and Haug [2003] ECR I-1065, LawLex200900000629JBJ for a declaration that a law prohibiting claims as to health is in violation of European law due to its disproportionate nature: Case C-229/01 Müller [2003] ECR I-2587, LawLex200900001298JBJ; see also Case C-421/00 Sterbenz and Haug [2003] ECR I-1065, LawLex200900000629JBJ; C-239/02 Douwe Egberts [2004] ECR I-7007, LawLex200900000842JBJ. Compare, for a case holding as proportionate a national law requiring that the date of minimum durability of an expired product be indicated on the labelling: Case C-229/01 Müller [2003] ECR I-2587, LawLex200900001298JBJ.

See Case C-241/89 SAPP v Chambre syndicale des raffineurs et conditionneurs de sucre de France [1990] ECR I-4695, LawLex200900002061JBJ; Case C-421/00 Sterbenz and Haug [2003] ECR I-1065, LawLex200900000629JBJ.

In principle, by virtue of Article 6 of Directive No 2001/83, "No medicinal product may be placed on the market of a Member State unless a marketing authorization has been issued by the competent authorities of that Member State". However, Article 5 allows Member States to exclude from the provisions of the directive medicinal products supplied in response to a bona fide unsolicited order, formulated in accordance with the specifications of an authorized health-care professional and for use by an individual patient under his direct personal, provided that the conditions of authorization have not been avoided through individual orders generated by advertising campaigns: Case C-320/93 Lucien Ortscheit GmbH [1994] ECR I-5243, LawLex200900002117JBJ. See also Directive No 2001/37 of 5 June 2001 concerning the manufacture, presentation and sale of tobacco products, and Directive No 2003/33 of 26 May 2003 on the advertising and sponsorship of tobacco products, which replaces Directive No 98/43 of 6July 1998 annulled by the Court of Justice on the ground of inappropriate legal basis: Case C-376/98 Germany v Parliament and Council [2000] ECR I-2247, LawLex200700001637JBJ.

Commission Communication of 1 June 2005, "i2010 - A European Information Society for growth and employment ".

Fixed voice telephony, mobile and broadband communications, cable and satellite television.

Name, address, electronic mail address, registration number in the trade register, professional title, professional body with which the service provider is registered, VAT number.

The following information must be provided clearly, comprehensibly and unambiguously and prior to the order being placed by the recipient of the service: a) the different technical steps to follow to conclude the contract; b) whether or not the concluded contract will be filed by the service provider and whether it will be accessible; (c) the technical means for identifying and correcting input errors prior to the placing of the order and (d) the languages offered for the conclusion of the contract.

Vertical texts specific to certain types of foodstuff supplement the rules; see especially Dir. No 2002/67 of 18 July 2002, on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine.

Case C-241/89 SAPP v Chambre syndicale des raffineurs et conditionneurs de sucre de France [1990] ECR I-4695, LawLex200900002061JBJ; Case C-383/97 Criminal proceedings against van der Laan [1999] ECR I-731, LawLex200700001906JBJ; Case C-101/98 UDL [1999] ECR I-8841, LawLex200700001834JBJ; Case C-465/98 Darbo [2000] ECR I-2297, LawLex200700001662JBJ; Case C-366/98 Criminal proceedings against Geffroy and Casino France SNC [2000] ECR I-6579, LawLex200700001634JBJ; Case C-123/00 Bellamy and English Shop Wholesale [2001] ECR I-2795, LawLex200900000426JBJ; Case C-239/02 Douwe Egberts [2004] ECR I-7007, LawLex200900000842JBJ.

Cases C-421/00, C-426/00 Sterbenz and Haug [2003] ECR I-1065, LawLex200900000629JBJ.

See Case C-285/92 Criminal proceedings against "Twee Provinciën" [1993] ECR I-6045, LawLex200900002103JBJ; Case C-85/94 Piageme and others v Peeters [1995] ECR I-2955, LawLex200900001198JBJ and C-385/96 Goerres [1998] ECR I-4431, LawLex200900000618JBJ: the information must be on the label itself and not in the vicinity. For the obligation to state on products the name or business name and address of the manufacturer or packager or of a seller established within the EU, see also Case C-83/96 Provincia autonoma di Trento and Ufficio del medico provinciale di Trento v Dega [1997] ECR I-5001, LawLex200900001186JBJ and C-315/05 Lidl Italia Srl v Comune di Arcole [2006] ECR I-11181, LawLex200900001466JBJ.

Case C-448/98 Criminal proceedings against Guimont [2000] ECR I-10663, LawLex200700001659JBJ, on the use of the name "emmenthal" ; See also Case C-51/94 Commission v Germany [1995] ECR I-3599, LawLex200900001015JBJ; C-239/02 Douwe Egberts [2004] ECR I-7007, LawLex200900000842JBJ. Compare with Case C-383/97 Criminal proceedings against van der Laan [1999] ECR I-731, LawLex200700001906JBJ allowing the prohibition of a misleading name.

Case C-383/97 van der Laan [1999] ECR I-731, LawLex200700001906JBJ; CJCE; C-144/93 Pfanni Werke v Landeshauptstadt München [1994] ECR I-4605, LawLex200900000559JBJ.

Case C-229/01 Müller [2003] ECR I-2587, LawLex200900001298JBJ.

Case C-85/94 Piageme and others v Peeters [1995] ECR I-2955, LawLex200900001198JBJ; C-385/96 Goerres [1998] ECR I-4431, LawLex200900000618JBJ.

What are the boundaries of European business law ?

Although they relate directly to the realization of the internal market, we will not review here the competition and distribution laws that have developed autonomously, and which, for that reason, are the subject of a specific treatment . The construction of the internal market was achieved in two phases; firstly the removal of the barriers and secondly, the unification of the rules. The consolidation of the construction of the Union, which at first was essentially concerned with removing the barriers to the free movement of goods, persons, service and capital (Part 1), is now reflected by a set of positive actions. Relying on the principles of primacy and direct applicability, directives and regulations tend to progressively standardize conditions for the exercise of economic activity in the various Member States of the Union (Part 2).

Free movement/Internal market: KEELING, Intellectual Property Rights in EU Law: Vol. 1, Free Movement and Competition Law, Oxford University Press, 2003; NIC SHUIBHNE, Regulating The Internal Market, Edward Elgar Publishing, 2006; BEUNEN, Protection for Databases, The European Database Directive and its effect in the Netherlands, France and the United Kingdom, Wolf Legal Publishers, 2007; DINE, KOUTSIAS, BLECHER, Company Law In The New Europe. The EU Acquis, Comparative Methodology and Model Law, Edward Elgar Publishing, 2007; HEBLY, European Public Procurement - Legislative History of the Classic Directive No 2004/18/EC, 2007, Kluwer; NEBBIA, Unfair Contract Terms in European Law. A Study in Comparative and EC Law, Hart Publishing, 2007; HEBLY, European Public Procurement - Legislative History of the Utilities Directive No 2004/17/EC, 2008, Kluwer; DE KONINCK & FLAMEY, European Public Procurement Law Part II Remedies: The European Public Procurement Remedies Directives, 2009, Kluwer; DE KONINCK & RONSE, European Public Procurement Law, 2009, Kluwer; GORMLEY, EU Law of Free Movement of Goods and Customs Union, Oxford University Press, 2009; HINDELANG, The Free movement of capital and foreign direct investment: The scope of protection in EU law, Oxford University Press, 2009; SEVILLE, EU Intellectual Property Law And Policy, Edward Elgar Publishing, 2009; BERNITZ & RINGE, Company Law and Economic Protectionism. New Challenges to European Integration, Oxford University Press, 2010; COOK, EU Intellectual Property Law, Oxford University Press, 2010; OLIVER & JARVIS, Free Movement of Goods in the European Community, Hart Publishing, 5th ed., 2010; RANDOLPH & DAVEY, The European law of commercial agency, Hart Publishing, 2010; CRAIG & DE BURCA, EU Law: Text, Cases and Material, Oxford University Press, 2011; CRAIG & DE BURCA, The Evolution of EU Law, Oxford University Press, 2011; CREMONA, Market Integration and Public Services in the European Union, Oxford University Press, 2011; EBLY, European Public Procurement. Legislative History of the "Remedies' Directives 89/665/EEC and 92/13/EEC, Kluwer 2011; LEITH, Software and Patents in Europe, Cambridge University Press, 2011; LENAERTS, VAN NUFFEL, BRAY, CAMBIEN, European Union Law, Sweet & Maxwell, 3rd ed., 2011; MILLER, The Emergence of EU Contract Law. Exploring Europeanization, Oxford University Press, 2011; TREUMER & LICHERE, Enforcement of the EU Public Procurement Rules, DJOF Publishing, 2011; WYATT, DASHWOOD, DOUGAN, ARNULL, ROSS, SPAVENTA, European Union Law, Hart Publishing, 6th ed., 2011; ARROWSMITH & TREUMER, Competitive Dialogue in EU Procurement, Cambridge University Press, 2012; BIONDI, EECKHOUT, RIPLEY, EU Law after Lisbon, Oxford University Press, 2012; BOVIS, EU Public Procurement Law, Elgar Publishing, 2nd ed., 2012; CREMONA, Compliance and the Enforcement of EU Law, Oxford University Press, 2012; EGER & SCHÄFER, Research Handbook On The Economics Of European Union Law, Edward Elgar Publishing, 2012; FOSTER, EU Law Directions, Oxford University Press, 2012; HATZOPOULOS, Regulating Services in the European Union, Oxford University Press, 2012; HEREMANS, Professional Services in the EU Internal Market. Quality Regulation and Self-Regulation, Hart Publishing, 2012; SCHUTZE, An introduction to European Law, Cambridge University Press, 2012; STONE, European Union Design Law, Oxford University Press, 2012; VRINS & SCHNEIDER, Enforcement of Intellectual Property Rights through Border Measures. Law and Practice in the EU, Oxford University Press, 2012; BENOHR, EU Consumer Law and Human Rights, Oxford University Press, 2013; BENYON (ed.), Services and the EU Citizen, Hart Publishing, 2013; FLOHR & MARTINEK, European Distribution Law. A Commentary, Hart Publishing, 2013; FOSTER, Foster on EU Law, Oxford University Press, 2013; GEIGER, Constructing European Intellectual Property, Achievements and New Perspectives, Edward Elgar Publishing, 2013; JANSSENS, The Principle of Mutual Recognition in EU Law, Oxford University Press, 2013; MALETIC, The Law And Policy Of Harmonisation In Europe's Internal Market, Edward Elgar Publishing, 2013; OHLY & PILA, The Europeanization of Intellectual Property Law. Towards a European Legal Methodology, Oxford University Press, 2013; NIC SHUIBHNE, The Coherence of EU Free Movement Law. Constitutional Responsibility and the Court of Justice, Oxford University Press, 2013; SCHUTZE, From Dual to Cooperative Federalism. The Changing Structure of European Law, Oxford University Press, 2013; THUSING, European labour law, Hart Publishing, 2013; VAN DAM, European Tort Law, Oxford University Press, 2013; VEIL, European Capital Markets Law, Hart Publishing, 2013; WEATHERILL, EU Consumer Law And Policy, Edward Elgar Publishing, 2nd ed., 2013; BARNARD & PEERS (ed.), European Union Law, Oxford 2014; CHALMERS, DAVIES, MONTI, European Union Law. Cases and Materials, Cambridge University Press, 3rd ed., 2014; DA CRUZ VILAÇA, EU Law and Integration, Twenty Years of Judicial Application of EU law, Hart Publishing, 2014; HORSPOOL & HUMPHREYS, European Union Law, Oxford University Press, 8th ed., 2014; KAMPERMAN SANDERS (ed.), The Principle Of National Treatment In International Economic Law, Trade, Investment and Intellectual Property, Edward Elgar Publishing, 2014; LEIBLE, European Consumer Law, Hart Publishing, 2014; SANTA MARIA, European Economic Law, Wolters Kluwer, 3rd ed., 2014; SAYDÉ, Abuse of EU Law and Regulation of the Internal Market, Hart Publishing, 2014; WEISS & KAUPA, European Union Internal Market Law, Cambridge University Press, 2014.

Jurisdiction and enforcement of decisions: KAYE, Civil Jurisdiction and Enforcement of Foreign Judgments, Professional Books Ltd, 1987; KENNEDY, KOHLER, TEBBENS, Civil Jurisdiction and Judgments in Europe, Butterworhs, 1992; HERTZ, Jurisdictions on contract and tort under the Brussels Convention, DJOF Publishing, 1998; KENNETT, The Enforcement of Judgments in Europe, Oxford University Press, 2000; NEWTON, the Uniform Interpretation of the Brussels and Lugano Conventions, Hart Publishing, 2002; WALKER, Europe's Area of Freedom, Security and Justice, Oxford University Press, 2004; NUYTS & WATTÉ, International Civil Litigation in Europe, and Relations with Third States, Bruylant, 2005; BODGAN, Concise introduction to EU Private International Law, Europa Law Publishing, 2006; BRIGGS, Agreement on Jurisdiction and Choice of Law, Oxford University Press, 2008; HESS, PFEIFFER, SCHLOSSER, The Brussels I Regulation (EC) No 44/2001 : Application and Enforcement in the EU, Hart Publishing, 2008; KRUGER, Civil Jurisdiction Rules of the EU and their Impact on Third States, Oxford University Press, 2008; WOUTERS, NOLLKAEMPER, DE WET, The Europeanisation of International Law: The Status of International Law in the EU and its Member States, TMC Asser Press, 2008; MOSS, ISAACS, FLETCHER, The EC Regulation on Insolvency Proceedings. A Commentary and Annotated Guide, Oxford University Press, 2009; BORK & MANGANO, European Insolvency Law (texts and cases), Luchterhand, 2012; BERNITZ, GROUSSOT, SCHULYOK (ed.), General Principles of EU Law and European Private Law, Wolters Kluwer, 2013; HARTLEY, Choice-of-court Agreements under the European and International Instruments. The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention, Oxford University Press, 2013; HESS, OBERHAMMER, PFEIFFER, European Insolvency Law, Hart Publishing, 2014; STONE, EU Private International Law, Edward Elgar Publishing, 3rd ed., 2014.

Anti-Dumping/Anti-Subsidies: BESELER & WILLIAMS, Anti-Dumping and Anti-Subsidy Law - The European Communities, Sweet & Maxwell, 1986; Mc GOVERN, European Community Anti-dumping Law and Practice, Globefield Press, Exter, 1991; BIERWAGEN, GATT Article VI and the Protectionist Bias in Anti-dumping Laws, Kluwer Law International, Deventer, 1994; MARCEAU, Anti-dumping and Anti-Trust Issues in Free-Trade Areas, Oxford University Press, 1994; STANBROOK & BENTLEY, Dumping and Subsidies: The Law and procedures Governing the Imposition of Anti-dumping and Countervailing Duties in the European Community, Kluwer Law International, 3rd ed., 1996; MULLER, KHAN, NEUMANN, EC Anti-dumping law - A Commentary on Regulation 384/96, John Wiley & Sons, 1998; DIDIER, WTO Trade Instruments in EU Law: Commercial Policy Instruments: Dumping, Subsidies, Safeguards, Public Procurement, Cameron May, 1999; VAN BAEL & BELLIS, Anti-dumping and Other Trade Protection Laws of the EC,  Kluwer Law International, 4th ed., 2004; LYONS, EC Customs Law, Oxford University Press, 2008; GAINES, EGELUND OLSEN, ENGSIG SORENSEN, Liberalising Trade in the EU and the WTO. A Legal Comparison, Cambridge University Press, 2012; LIANOS & ODUDU, Regulating Trade in Services in the EU and the WTO. Trust, Distrust and Economic Integration, Cambridge University Press, 2012; THIES, International Trade Disputes and EU Liability, Cambridge University Press, 2013.

See L. VOGEL, European Competition Law, LawLex/Bruylant 2014; L. and J. VOGEL, European Distribution Law, LawLex/Bruylant, 2014.

European Business Law

3. The European Economic Area (EEA)

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

3. The European Economic Area (EEA)

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise