Protection of property rights in the light of Article 82 EC

Abstract

The protection of a person's rights has been the hallmark in any legal system which purports to be regulated by the rule of law. The same is true with regard to the European Community. The right to property is recognised under Article 1 of Protocol 1 of the European Convention of Human Rights (ECHR) to which all Member States are signatories. The Community courts have recognised and protected this right as a general principle of Community law. This right is however subject to the overall objectives of Community law and therefore may be limited in order to make way for the fulfilment of these objectives. This thesis will analyse in particular the limitations on the right to property due to the application of Article 82 EC. First, a brief introduction will give an overview of the extent to which property rights are recognised under Community law, the objectives of competition law and the areas which may cause a possible conflict between the two. The limitations on the right to property will be analysed as follows. First, the limitations on tangible property will be considered and in the following chapter limitations on intangible property will be under focus. In these two chapters, the case law of the Community courts will be scrutinised to find out the court's reasoning in trying to justify limitations on this fundamental right and whether a balance is being achieved between the general interest of the Community and private interests of individuals. Finally, after considering what limitations may exist, the last chapter will consider whether the right to property deserves more protection under Community law and what kind of remedies, if at all should be available.