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就基本自由或新近发展的基本权利而言,比例原则已经发展为检视成员国立法举措与欧盟法(包括那些对基本权利和自由具有限制效果的合同法强制性规定)是否兼容的最重要的标尺之一。比例原则下,欧盟机构的自由裁量权究竟能扩至何种程度?欧盟民事立法的限度为何?有何可能替代方式?欧盟法不仅侵入诸如前述案件涉及的意思自治、自由流动事项,而且触及成员国民法一般事项立法,是否妥当?比例原则在欧洲民法,尤其是合同法立法中的严格适用,将会产生双重效果。
In the case of fundamental freedoms or newly developed fundamental rights, the principle of proportionality has evolved as the most important criterion for examining the compatibility of legislative measures in member States with the provisions of the EU law, including the contractual provisions that have a restrictive effect on fundamental rights and freedoms one. Under the principle of proportionality, to what extent can discrepancies in EU institutions be expanded? What are the limits of EU civil legislation? What alternatives are possible? EU law not only infringes on the issues of autonomy of autonomy and freedom of movement as mentioned in the previous case, Is it appropriate to legislate on the general issues of national law? The strict application of the principle of proportionality in European civil law, especially in the law of contract law, will have a dual effect.