The Emsland-Stärke test of abuse of law in the law of agriculture and free movement of goods

Koutrakos, P. (2011). The Emsland-Stärke test of abuse of law in the law of agriculture and free movement of goods. In: R. De La Feria (Ed.), Prohibition of Abuse of Law: A New General Principle of EU Law? (pp. 203-217). Hart Publishing. ISBN 9781841139388

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Abstract

The law of agriculture and free movement of goods provides an interesting context within which to examine the application and development of the principle of abuse of law: on the one hand, the latter featured in the relevant case-law as early as the 1970s; on the other hand, it was within this area that the Court responded to various
calls about formalising the criteria for the application of the abuse of law principle and articulated the Emsland-Stärke test.

This analysis in this chapter is structured as follows. Firs, the application of the principle of abuse in the period preceding the Emsland-Stärke test will be outlined. Second, the Emsland-Stärke test, its strands, and implications will be analysed. Third, the subsequent application of this test and, in particular, the role of national courts will be assessed.

Item Type: Book Section
Subjects: K Law > K Law (General)
Divisions: The City Law School > The City Law School - Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/4271

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