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Case C-171/11 Fra.bo Spa v Deutsche Vereinigung des Gas- und Wasserfaches

Schepel, Harm (2013) Case C-171/11 Fra.bo Spa v Deutsche Vereinigung des Gas- und Wasserfaches. European Review of Contract Law, 9 (2). pp. 186-192. ISSN 1614-9920. (doi:10.1515/ercl-2013-0011) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:37113)

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Official URL:
http://dx.doi.org/10.1515/ercl-2013-0011

Abstract

The issue of the horizontal direct effect of the free movement provisions has the tendency to cause anxiety among lawyers who fear for the fate of private autonomy. The issue also evidently troubles the Court of Justice itself: every time it brings some clarity to one question, it seems to feel the need to introduce ambiguity in another. Its judgment of 12 July 2012 in Fra.bo is no exception: it, finally, settles the question whether, in certain circumstances, private parties can be caught by the free movement of goods as well as the free movement of persons and services. In defining those circumstances, however, the Court is particularly, and willfully, and disastrously, ambiguous.

Item Type: Article
DOI/Identification number: 10.1515/ercl-2013-0011
Additional information: Case file
Subjects: K Law
K Law > K Law (General)
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Catherine Norman
Date Deposited: 02 Dec 2013 15:19 UTC
Last Modified: 16 Feb 2021 12:49 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/37113 (The current URI for this page, for reference purposes)

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