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Free Movement of Goods and Property Law

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Abstract

Although usually considered a national competence, there is an effect of internal market law on property law. When a property right is validly created in one Member State and the object on which it rests is moved to another Member State, an internal market dimension arises. Such has been the case in the ECJ's Krantz decision 25 years ago, dealing with the question on whether the rules allowing a seizure of goods owned by someone else in another Member State and leading to a potential loss of right is in conformity with EU law. More than 25 years have passed and our thinking about the internal market as well as the free movement case-law has changed significantly. A re-examination of this decision leads to a different conclusion: the refusal to recognise property rights validly created in another Member State violates the free movement of goods under Article 34 TFEU.

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