Effet Utile as an Arbitrary Instrument of the CJEU? Differences between its Application in Public and Private Law

Abstract

Effet utile is a principle of a union law which was taken over existence from the international law and has been used and applied by court of justice of EU quite in an arbitrary way. Also it is conceived in a very different way depending on whether there is public or private law case.

Author of the chapter deals Effet Utile as a tool of the Court of Justice of the European Union, and describes the differences between its applications in public and private law.

Keywords

• Effet
• Utile
• Arbitrary
• Instrument
• CJEU?
• Differences
• between
• its
• Application
• Public
• Private
• Law