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Free Movement of Goods and Property Law
Author(s) -
Akkermans Bram,
Ramaekers Eveline
Publication year - 2013
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12023
Subject(s) - free movement , property (philosophy) , conformity , law , competence (human resources) , domestic market , business , law and economics , sociology , economics , political science , philosophy , international trade , management , epistemology
Although usually considered a national competence, there is an effect of internal market law on property law. When a property right is validly created in one M ember S tate and the object on which it rests is moved to another M ember S tate, an internal market dimension arises. Such has been the case in the ECJ 's K rantz decision 25 years ago, dealing with the question on whether the rules allowing a seizure of goods owned by someone else in another M ember S tate and leading to a potential loss of right is in conformity with EU law. More than 25 years have passed and our thinking about the internal market as well as the free movement case‐law has changed significantly. A re‐examination of this decision leads to a different conclusion: the refusal to recognise property rights validly created in another M ember S tate violates the free movement of goods under A rticle 34 TFEU .