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Results ( 10 ) : 2015 - 3.

The Concept of ‘Abuse of Law’ in the Case Law of the European Court of Justice on Direct Taxation

Authors: K. Lenaerts

Abstract: Time and again, the Court of Justice has made clear that EU law does not protect natural or legal persons who seek to pay less tax by creating situations that artificially fall within the scope of application of the fundamental freedoms. In the lig...

Governing Networks: A Global Challenge for Private International Law

Authors: H. Muir Watt

Abstract: What would be the governance implications if the introduction of the concept of network were to be made a technical-legal category of private international law? The idea behind the present contribution is an attempt to provide an alternative analys...

The Constitutionalization of Equality within the EU Legal Order: Sexual Orientation as a Testing Ground

Authors: C. O’cinneide

Abstract: The principle of equal treatment has become constitutionalized within the framework of the EU legal order. However, its scope and substance remain uncertain, its impact is confined to the restricted horizons of EU law, and its normative foundations...

English Contract Law and the Efficient Breach Theory: Can They Co-Exist?

Authors: T. Al-tawil

Abstract: The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize the production of efficient outcomes. For lawyer-econ...