Private law and private law relationships in Member States of the
European Union are increasingly influenced by EU law. Sometimes,
this influence is predictable, for instance because EU law provides
expressly that violation of a rule shall produce a specific private
law effect (Article 101(2) TFEU). Less predictable are the
consequences where the Court of Justice interprets provisions of EU
law ostensibly addressed to the Member States such as creating,
modifying or extinguishing rights and obligations in legal
relationships between individuals. Since 1974 the Court has given
interpretations to such direct horizontal effect to some of the
TFEU provisions on free movement.Private Law and the Internal
Market seeks to establish the links between the relevant judgments
and, by analysing them in the context of the various mechanisms
used by EU law to influence national private law, considers whether
the Court's approach to one free movement provision can be
predictive of other free movement provisions and if so, to what
extent.It also discusses the impact which accepting direct
horizontal effect has on the grounds that must be available to
individuals as a defence to alleged infringement of a free movement
provision.
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