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Voluntary “New Approach” Technical Standards are Subject to Judicial Scrutiny by the CJEU! : The Remarkable CJEU judgment “Elliott” On Private Standards

Title data

Purnhagen, Kai:
Voluntary “New Approach” Technical Standards are Subject to Judicial Scrutiny by the CJEU! : The Remarkable CJEU judgment “Elliott” On Private Standards.
In: European Journal of Risk Regulation. Vol. 8 (2017) Issue 3 . - pp. 586-598.
ISSN 1867-299X
DOI: https://doi.org/10.1017/err.2017.36

Abstract in another language

The CJEU has developed some remarkable answers on pertinent questions of EU private law with a view on “new approach” standards. “New approach” standards are “acts” in the meaning of Art. 267(b) TFEU by virtue of their public law effect and EU law framing. “New approach” Directives regulate only market access at the border, not behind the border, where Member State regulations apply. For this reason, EU law also does not require transferring the conformity presumption pars pro toto to the interpretation of rules from national contract law. I will illustrate the impact of this judgment on access to justice, the making of EU private law and transnational contract law, liability of standardisation organisations and on the private standards debate in WTO law.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Research Centre for Consumer Law (FFV)
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Faculties
Faculties > Faculty of Life Sciences: Food, Nutrition and Health
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law
Profile Fields
Profile Fields > Emerging Fields
Research Institutions
Research Institutions > Research Units
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 05 Aug 2020 07:03
Last Modified: 19 Oct 2023 06:22
URI: https://eref.uni-bayreuth.de/id/eprint/56310