Unjust enrichment in European Union Law

Preface
List of Abbreviations

Chapter 1 Introduction
1.1 Unjust enrichment and EU law
1.2 Research objectives
1.3 Methods and structure

PART I Unjust enrichment in the laws of the Member States
Chapter 2 Unjust enrichment as a legal principle and as a cause of action in national laws
2.1 Introduction
2.2 Unjust enrichment in historical perspective – giant leaps through history
2.2.1 Introduction
2.2.2 Classical Roman law
2.2.3 Justinian law
2.2.4 The EU national legal systems
2.3 Unjust enrichment and its functions
2.3.1 Introduction
2.3.2 Functions of the legal principle of unjust enrichment
2.3.2.1 Introduction
2.3.2.2 Interpretative function
2.3.2.3 Restrictive or controlling function
2.3.2.4 Supplementary function
2.3.2.5 Generative function
2.4 Concluding remarks and a first look forward

PART II Use of unjust enrichment in EU law as it stands
Chapter 3 Unjust enrichment in vertical relationships
3.1 Introduction
3.2 EU legislation
3.3 Case law
3.3.1 Introduction
3.3.2 Unjust enrichment as interpretation tool
3.3.2.1 Introduction
3.3.2.2 Relationships between individuals and EU institutions
3.3.2.3 Relationships between individuals and Member States
3.3.3 Unjust enrichment as supplementary tool
3.3.4 Unjust enrichment as review criterion for legislative and administrative acts
3.3.5 Unjust enrichment as a rule of EU law conferring rights on individuals
3.3.6 Unjust enrichment and actions for restitution
3.3.6.1 Introduction
3.3.6.2 Undue payment as a cause of action (condictio indebiti)
3.3.6.3 Unjust enrichment as a cause of action
3.3.7 Unjust enrichment and defences
3.3.7.1 Introduction
3.3.7.2 Relationships between individuals and EU institutions
3.3.7.3 Relationships between individuals and Member States
3.4 Final analysis and conclusions

Chapter 4 Unjust enrichment in horizontal relationships
4.1 Introduction
4.2 EU legislation
4.3 Case law
4.3.1 Introduction
4.3.2 The case of Bostock
4.3.3 The case of Quelle
4.3.4 The case of Messner
4.3.5 Analysis of the cases
4.3.5.1 Introduction
4.3.5.2 Unjust enrichment as a cause of action
4.3.5.3 Unjust enrichment as interpretation tool
4.4 Conclusions

PART III Current use and future possible developments of the doctrine of unjust enrichment under EU law in relation to other private-law doctrines employed in EU law
Chapter 5 Unjust enrichment as a cause of action
5.1 Introduction
5.2 Vertical relationships between individuals and EU institutions
5.2.1 Introduction
5.2.2 Unlawful act
5.2.2.1 Unlawful conduct
5.2.2.2 Causal link and damage
5.2.3 Lawful act under the FIAMM doctrine
5.2.4 Negotiorum gestio
5.2.5 Unjust enrichment
5.2.5.1 Introduction
5.2.5.2 Enrichment of the defendant
5.2.5.3 At the expense of the plaintiff
5.2.5.4 Enrichment without justification or cause
5.2.5.5 Alternative claim and indirect enrichment
5.2.5.6 Defences against the claim arising from unjust enrichment
5.3 Vertical relationships between individuals and Member States
5.3.1 Introduction
5.3.2 Unlawful act
5.3.2.1 Introduction
5.3.2.2 Unlawful conduct
5.3.2.3 Causal link and damage
5.3.3 Unjust enrichment and causes of action
5.3.3.1 Undue payment (condictio indebiti)
5.3.3.2 Unjust enrichment
5.4 Horizontal relationships
5.4.1 Introduction
5.4.2 Unlawful act
5.4.2.1 Introduction
5.4.2.2 Unlawful conduct
5.4.2.3 Causal link and damage
5.4.3 Unjust enrichment and causes of action
5.4.3.1 Introduction
5.4.3.2 Undue payment (condictio indebiti)
5.4.3.3 Unjust enrichment
5.5 Final analysis and conclusions

Chapter 6 Unjust enrichment as a general principle of EU law
6.1 Introduction
6.2 General principles of EU law and their functions
6.3 The principle of unjust enrichment as a general principle of EU law
6.3.1 References to the legal principle of unjust enrichment in EU case law
6.3.2 Substance and functions of the general principle
6.4 Unjust enrichment and horizontal relationships
6.4.1 Introduction
6.4.2 Indirect horizontal effect: review of national law against general principles of EU law
6.4.3 Indirect horizontal effect: interpretation of national law and agreements in conformity with general principles of EU law
6.4.4 Direct horizontal effect of general principles of EU law
6.5 Final analysis and conclusions

Chapter 7 Summary and final conclusions
7.1 Introduction
7.2 Unjust enrichment in the laws of the Member States (Part I)
7.3 Unjust enrichment in current EU law and its possible future functioning (Part II-III)
7.3.1 Interpretative and supplementary function
7.3.2 Restrictive or controlling function
7.3.3 Generative function
7.4 Concluding remarks

Samenvatting
Table of cited works
Subject index
Table of cases
Table of legislative instruments
Curriculum vitae