Restitution and European Community law / Alison Jones ; foreword by Rt. Hon. Lord Slynn of Hadley.
2000
KD1924 .J66 2000 (Map It)
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Details
Author
Title
Restitution and European Community law / Alison Jones ; foreword by Rt. Hon. Lord Slynn of Hadley.
Published
London : Mansfield Press, 2000.
Call Number
KD1924 .J66 2000
Former Call Number
Comp 582 J71 2000
ISBN
1859785182
Description
xli, 206 pages ; 24 cm
System Control No.
(OCoLC)45019971
Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Dedication
Series Editor's Foreword
Foreword
Preface
Table of cases
Table of UK Statutes and Statutory Instruments
Table of Treaties, European Legislative Instruments and Other National Legislation
Ch. 1
Introduction
1
1European Community law - a new legal order of international law
1
2The duties of national courts under Community law - national procedural autonomy and the principles of equivalence and effectiveness
6
3The principle of national procedural autonomy and restitutionary claims before the English courts
14
Ch. 2
Charges Wrongly Levied by a Public Authority - An Outline of English Law
21
1A right to restitution
21
2Interest
31
3Defences
35
Ch. 3
Charges Levied in Breach of Community Law - The Requirements of Community Law
55
1The collection of national charges which are contrary to Community law
55
2Charges improperly collected by a national authority on behalf of the Community under a Community measure
64
3Restitution required by a Community act
67
4Right to interest
69
5Defences to restitutionary claims
76
Ch. 4
Charges Levied in Breach of Community Law - The Impact of Community Law on the English Rules
95
1A right to restitution
95
2Interest
108
3Defences
109
Ch. 5
Sums Wrongly Paid out by a Public Authority
121
1English law
121
2The requirements of Community law
128
3The impact of Community law on English law
141
Ch. 6
Benefits Conferred under a Contract or Contractual Term Infringing the EC Treaty Competition Rules
149
1Introduction
149
2The position in English law
155
3The position under EC law - the impact of Community law on the English law
183
Ch. 7
Conclusions
195
1Community law - the relevance of the principle of unjust enrichment
195
2The limitations of the English restitutionary categories
197
3Restitution and void contracts
198
Index
199