Zákaz zneužití práva v evropském právu

The thesis represents an introduction into the concept of abuse of law principle as it is applied within the European Law. As an introduction it features a short history of the abuse of law as of private law principle and its theoretical aspects. Further it provides the reader with exposures of the doctrine in the Czech law and draws attention to the problems which the Czech courts face applying the doctrine, especially with its distinction from other similar legal institutions. The core of the work is constituted by an analysis of relevant decisions of the Court of Justice of the European Union, which follows the development of the doctrine from the early 70's until present. The thesis analyses the doctrine of abuse of law as it was developed in the European judicature. Finally the author introduces practical consequences of the doctrine on the tax law and deals with the question how the courts of highest instance of the Czech Republic cope with the doctrine and criticizes their approach.