Chapter

The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?

Vanessa Edwards and Paul Farmer

in Continuity and Change in EU Law

Published in print March 2008 | ISBN: 9780199219032
Published online January 2009 | e-ISBN: 9780191711862 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219032.003.0012
 The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?

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Abuse of rights is a doctrine known to many legal systems. Its status varies. In Community law, it appears to serve as a principle of construction. Provisions of Community primary or secondary law are to be interpreted as permitting or requiring the denial of a right where, although the formal conditions laid down are met, the exercise of the right would be abusive. The Community rights in question may derive from the Treaty or from a regulation or directive. They may be denied by national authorities under domestic trading, professional or other regulations, domestic abuse of law provisions or Community regulations. This chapter considers aspects of the doctrine in the context of companies' right of establishment under Articles 43 and 48 EC.

Keywords: abuse of rights; Community law; EC; Article 43; Article 48

Chapter.  12699 words. 

Subjects: EU Law

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