1 - Introduction

Summary

Introduction

This Companion is about European Union private law (EUPL). It concentrates on the impact of European Union (EU) legislation and case law on private law. The field of ‘private law’ is broad and covers such fundamental areas as contract, tort and property law, but also includes family law, the law of succession and others. It is the law that governs the mutual rights and obligations of individuals (both natural and legal persons). In this book, the focus will be primarily on the law of obligations, that is, contract and tort law with some reference to property law. It is in these areas where one can see the most sustained influence of EU law on private law.

The objective of a Companion is to provide a concise account of specific topics, and this is also the approach adopted in this book. The purpose of this introductory chapter is to set out the key features of EUPL. As with all the contributions to this book, the focus will be on the salient issues. A reader who seeks more detail on any of the issues discussed is advised to consult the Further Reading section at the end of this Companion.

European Union private law

As mentioned above, the objective of this Companion is to discuss the impact which the various legislative measures adopted by the EU have had on private law. It must be noted from the outset that the EU does not have an all-encompassing competence to legislate in the field of private law; indeed, there is nothing in the treaties that confers a direct power on the EU to adopt legislation in the private law field at all (see Chapter 5). Rather, measures adopted in the context of specific EU policies have had private law elements to them.