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Publishers Abstract:
Constant case law has held that Member States are allowed to take measures to ensure that Community law is not used in an improper or fraudulent way. This is often referred to as the principle of abuse of rights. In recent years Member States, individuals and companies have all been pushing at the boundaries of the principle of abuse. It therefore seems a good idea to take stock of the present case law on this topic, and to evaluate how the principle has developed thus far and how it may develop in future. The key problem is to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights. This article outlines how the principle has developed in the case law of the ECJ and distinguishes the different routes that have been used by the ECJ to combat what can be termed abuse in a broader sense. It analyses the scope of the abuse of rights doctrine and the conditions for applying it.
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