The chapter seeks to offer some normative remarks relating to the EU
doctrine of abuse of rights, in particular in the light of the ruling of
the European Court of Justice in Emsland.  It proceeds in two stages,
first discussing the very need for the doctrine and then considering the
actual test put forward by the Court. It is argued that while the
doctrine of abuse of rights is a necessary feature of Union law, it is
questionable whether it was given the optimal form in the two-part
Emsland test.