Interacting principles : the French abuse of law concept and the EU notion of abusive practices

This article traces the evolution of the French concept of abuse of law and compares it to the EU notion of abusive practices. Specifically, the article examines the new French definition of abuse of rights that has emerged as a result of three major decisions, two by the French Conseil d'Etat (Sagal and Janfin) and one by the European Court of Justice (Halifax). The article presents the factual background and reasoning of each decision and explains how the decisions have contributed to a clearer definition of the French concept of abuse of rights. The article also considers the impact of the ECJ's decision in Cadbury Schweppes.