Restitution and European Community Law

The growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts. This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment.It is essential reading for practitioners as well as academics and postgraduate students.

1. Introduction, 2. Charges wrongly levied by a public authority—an outline of English law 3. Charges levied in breach of Community law—the requirements of Community law 4. Charges levied in breach of Community law—the impact of Community Law on the English rules 5. Sums wrongly paid out by a public authority 6. Benefits conferred under a contract or contractual term infringing the EC Treaty.

Alison Jones is Professor of Law at King's College London, and a solicitor at Freshfields Bruckhaus Deringer LLP.