Prohibition of Abuse of Law : A New General Principle of EU Law? (Hardcover)

I Introduction Introducing the Principle of Prohibition of Abuse of Law Rita de la Feria xv II The Framework: General Principles of EU Law and the Prohibition of Abuse 1 Prohibition of Abuse of (European) Law: The Creation of a New General Principle of EC Law through Tax: A Response Paul Farmer 2 What is a General Principle of EU Law? Anthony Arnull 3 What is a General Principle of EU Law? A Response Karsten Engsig Sørensen 4 The Abuse of Rights in the Civil Law Tradition James Gordley III The Origins: Free Movement of Services 5 Fitting 'Abuse of Rights' into EU Law Governing the Free Movement of Goods and Services Stephen Weatherill 6 Free Movement of Broadcasting Services and Abuse of Law Dimitrios Doukas 7 The Notion of Abuse and the Freedom to Provide Services: A Labour Lawyer's Perspective Catherine Barnard IV The Development: Freedom of Establishment, Company Law and Competition Law 8 Sparking Regulatory Competition in European Company Law: The Impact of the Centros Line of Case Law and its Concept of 'Abuse of Law' Wolf-Georg Ringe 9 Sparking Regulatory Competition in European Company Law: A Response John Vella 10 Abuse of Law in the Context of European Insolvency Law Horst Eidenmuller 11 Abuse of European Insolvency Law? A Discussion John Armour 12 Abuse of Rights in EU Law: Some Reflections with Particular Reference to Financial Law Takis Tridimas 13 Comments on Abuse of Rights in EU Law Pierre Schammo V The Test: Free Movement of Goods and Common Agricultural Policy 14 The Emsland-Starke Abuse of Law Test in the Law of Agriculture and Free Movement of Goods Panos Koutrakos 15 The Notion of and a General Test for Abuse of Rights: Some Normative Reflections Jukka Snell VI The Unknown: Private Law and International Civil Procedure 16 Abuse of Law in EU Private Law: A (Re-)Construction from Fragments Axel Metzger 17 Comments on 'Abuse of Law' in European Private Law Simon Whittaker 18 The Rejection of Abuse in International Civil Procedure Adrian Briggs 19 The Discreet Influence of Abuse of Law in International Civil Procedure Gilles Cuniberti VII The Exceptions? Free Movement of Workers and Citizenship 20 'Prohibition of Abuse of Law': A New General Principle of EU Law Jonathan Faull 21 'Abuse of Law' in the Context of the Free Movement of Workers Katja S Ziegler 22 Comments on Abuse of Law and the Free Movement of Workers Eleanor Spaventa 23 Citizenship of the Union: Above Abuse? Cathryn Costello 24 Some Comments on the Idea of a General Principle of Union Law Prohibiting Abuses of Law in the Field of Free Movement for Union Citizens Michael Dougan VIII The Confirmation? Tax Law 25 The Anatomy of Tax Avoidance Counteraction: Abuse of Law in a Tax Context at Member State and European Union Level Judith Freedman 26 Abuse of Law in the Context of Indirect Taxation: From (Before) Emsland-Starke 1 to Halifax (and Beyond) Pasquale Pistone 27 Abuse of Law in the Context of Indirect Taxation: Why We Need the Subjective Intention Test, When is Combating Abuse an Obligation and Other Comments Dennis Weber 28 Cadbury Schweppes and Abuse from an EU Tax Law Perspective Frans Vanistendael 29 Cadbury Schweppes and Abuse: Comments Richard Lyal 30 Cadbury Schweppes' Line of Case Law from the Member States' Perspective Michael Lang 31 Cadbury Schweppes: Breach, Abuse Justification and Why They Are Different Julian Ghosh 32 A Single Principle of Abuse in European Union Law: A Methodological Approach to Rejecting a Different Concept of Abuse in Personal Taxation Ana Paula Dourado 33 Is There a Role for a European Principle Prohibiting Abuse of Law in the Field of Personal Taxation? A Comment Edwin Simpson 34 State Aid, Taxation and Abuse of Law Timothy Lyons 35 Comments on State Aid, Taxation and Abuse of Law Conor Quigley IX Conclusion 35 The Prohibition of Abuse of Law: An Emerging General Principle of EU Law Stefan Vogenauer