The Concept of Intent in Rulings of the Court of Justice of the European Union

Abstract:

The concept of intention is used in different ways in many regulations of the EU. The Court of Justice of the EU has given a description of intention and accepted dolus eventualis as a form of intention. This article examines several relevant judgments of the Court, especially case C-396/12. These judgments show a double emancipation process. Not only are legal concepts used in the European Union emancipated from those concepts used in the national legal traditions of the Member States. These concepts are also emancipated from the field of law in which they were developed in the Member States.