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Article 345 TFEU (ex Article 295 EC), Its Meanings and Interpretations: The Treaties shall in no way prejudice the rules in Member States governing the system of property ownership.

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Abstract:

Abstract

Research that has been conducted over the last decades shows that neither the scope of application nor the exact meaning of Article 345 TFEU (ex Article 295 EC) is clear from its wording. This article seeks to clarify its meaning through analysis of the drafting of the Article as well as the use of it by the EU's institutions and by the Member States. Article 345 TFEU, formerly Article 295 EC and, before that, Article 222 EEC, is an Article that limits, but not prevents, the application of the TFEU Treaty as a whole to the way in which rules of a Member State deal with the right of ownership of undertakings. The conclusion can be drawn that Article 345 TFEU only concerns the private or public ownership of undertakings, with which the Community shall not concern itself and which can thus be regulated by the Member States themselves. Most importantly, the Article does not concern the content of the right of ownership, nor the objects of a right of ownership. It does therefore not form an obstacle to the development of a European property law.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1468-0386.2010.00509.x

Affiliations: Faculty of Law, Maastricht University, The Netherlands

Publication date: May 1, 2010

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