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Equal treatment on grounds of movement and Union choice-of-law rules under Article 81 TFEU

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journal contribution
posted on 21.10.2019, 13:47 by Rufat Babayev
Union choice-of-law rules adopted pursuant to Article 81 TFEU aim to promote the exercise of the Treaty free movement rights by providing certainty over the applicable law and predictability of litigation in the context of cross-border contractual, non-contractual or other civil law relationships. At the same time, due to the territorial connecting factors that these choice-of-law rules are based upon, any possible diff erence in treatment in terms of the applicable law imposed in light of them cannot be excluded. In this respect, it is not clear whether such a diff erence in treatment could also be contrary to Article 18 TFEU and the Treaty free movement provisions that prohibit discrimination, not only on the grounds of nationality, but also on the grounds of movement

History

Citation

Maastricht Journal of European and Comparative Law, 2012, 19 (1), pp. 63-82 (19)

Author affiliation

/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/School of Law

Version

AM (Accepted Manuscript)

Published in

Maastricht Journal of European and Comparative Law

Publisher

SAGE Publications (UK and US)

eissn

2399-5548

Copyright date

2012

Available date

21/10/2019

Publisher version

https://journals.sagepub.com/doi/abs/10.1177/1023263X1201900106

Language

en