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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.

Publication Type:	Book Section
Subjects:	K Law > K Law (General)
Departments:	The City Law School > Academic Programmes The City Law School > Institute for the Study of European Laws

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