Property Law and the Internal Market

Abstract

Not often has the case law of the CJEU been applied to property law. There are many more aspects of property law that could be influenced by case law of the CJEU. The four freedoms can influence property law. To a large extent, the free movement of goods and its effect on property law, especially retention of title, has been considered. Because property law, in most Member States, forms a coherent system, the rules that apply to one property right also apply to other property rights. The effects of the four European freedoms on national property law can therefore potentially be more far reaching than just property security rights on movables, such as retention of title. This contribution seeks to explore some of the effects of the existing case law of the CJEU on property law in general. In doing so, this contribution focuses on the free movement of goods, capital and services.