Europäisches Privat- und Wirtschaftsrecht

Abstract

In the Member States of the European Union, “Private Law” is often synonymous with “European Law”. This is not always immediately apparent to both students and practitioners; all the more so if it is national law transposing a European Directive. However, in order to apply law of this type we need to understand whether a rule followed a national or a European procedure. Interpreting rules with a European background works differently than purely national rules, and the jurisdiction of the European Court of Justice is to be considered. In ten chapters this book addresses the way in which European law impacts on national law. Following an introductory chapter on European legal methodology, it covers nine central areas of private and economic law: contract law, statutory legal obligations, commercial law, corporate law, capital markets law, labour law, civil procedure law, competition law and private international law. The book includes case studies throughout, often going back to the jurisprudence of the ECJ in order to allow putting academic study to practical use. With contributions by Prof. Dr. Philipp B. Donath; Prof. Dr. Andreas Engert, LL.M. (Univ. Chicago); Prof. Dr. Carsten Herresthal, LL.M. (Duke); Prof. Dr. Lars Klöhn, LL.M. (Harvard); Prof. Dr. Katja Langenbucher; RiOLG a.D. Prof. Dr. Gerald Mäsch; Prof. Dr. Thomas Riehm; Dr. Daniela Schrader; RiOLG Prof. Dr. Michael Stürner, M.Jur. (Oxon) and Prof. Dr. Florian Wagner-von Papp, LL.M. (Columbia).