Op-Ed: “Can Article 18 TFEU fill in gaps in the Treaties in the name of equality among Europeans? After RB (C-581/18), the answer is no” by Daniel Sarmiento
The expectations were so high, that the Court of Justice was doomed from the very beginning. The case in RB v. TÜV Rheinland LGA Products GmbH and Allianz IARD SA (C-581/18, ‘RB’) was construed by the Frankfurt Regional Court as a leading case on a key Treaty provision, such as Article 18 TFEU, which precludes discrimination on the ground of nationality, now applied to contractual discrimination.
The case was set to be a landmark precedent that could open EU law review to private commercial conduct entailing unjustified discrimination, direct or indirect, based on the grounds of nationality. If the Court was to open such a door, the consequences would be enormous. Contracts throughout the EU with suspicious clauses that could enta