Equal Treatment on the Grounds of Movement and Union Choice-of-Law Rules under Article 81 TFEU

Abstract

Union choice-of-law rules adopted pursuant to Article 81 TFEU aim to promote the exercise of the Treaty free movement rights by providing certainty over the applicable law and predictability of litigation in the context of cross-border contractual, non-contractual or other civil law relationships. At the same time, due to the territorial connecting factors that these choice-of-law rules are based upon, any possible difference in treatment in terms of the applicable law imposed in light of them cannot be excluded. In this respect, it is not clear whether such a difference in treatment could also be contrary to Article 18 TFEU and the Treaty free movement provisions that prohibit discrimination, not only on the grounds of nationality, but also on the grounds of movement.