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

The principle of free movement of persons, a fundamental freedom established by the Treaty, should be combined with the fundamental rights that must be observed both by the Union and its Member States. As an integral part of the general principles of EU law, those fundamental rights correspond to rights ensured by the European Convention for the Protection of Human Rights and Fundamental Freedoms  …

Protection of fundamental rights

The principle of free movement of persons, a fundamental freedom established by the Treaty, should be combined with the fundamental rights that must be observed both by the Union and its Member States. As an integral part of the general principles of EU law, those fundamental rights correspond to rights ensured by the European Convention for the Protection of Human Rights and Fundamental Freedoms and those derived from the constitutional traditions that are common to the Member States.

Therefore, the principle of legal certainty requires that the rules of law be clear, precise and foreseeable in their effects, in particular where they may have adverse effects on individuals and undertakings. Pursuant to that principle, a regulation may provide for the extension of the length of the transitional period at the end of which occurs the early cessation of a concession for the distribution of natural gas in order to enable the contracting parties to untie their contractual relations on acceptable terms both from the point of view of the requirements of the public service and from the economic point of view, even if it indirectly results in a difference in treatment to the detriment of undertakings which might be interested in that concession but which are located in a Member State other than that to which the contracting authority belongs .

Case C-347/06 ASM Brescia [2008] ECR I-5641, LawLex200900000432JBJ.

European Business Law

97. Protection of fundamental rights

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Les décisions de justice citées dans ce paragraphe :

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97. Protection of fundamental rights

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise