¹ For a stress on each set of rights see respectively below, P Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’; A Rosas, ‘Balancing Fundamental Rights in EU law’ and T Tridimas, ‘Fundamental Rights, General Principles of EU Law, and the Charter’; L Niglia, ‘Taking Private Law Rights Seriously: of Balancing and the Jurisprudence of the Court of Justice of the European Union’.

² Respectively CJEU cases Schmidberger and Omega: see below.

³ Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’ at p 339. See also Niglia, ‘Taking Private Law Rights Seriously’ at p 413 et seq (on balancing, rights’ optimisation and hybridisation).

⁴ Rosas, ‘Balancing Fundamental Rights in EU Law’ at p 350.

⁵ Tridimas, ‘Fundamental Rights, General Principles of EU Law, and the Charter’ at p 392.

⁶ Niglia, ‘Taking Private Law Rights Seriously’ at p 413 et seq. See also Mengozzi, ‘The Judicial Protection of Individual Rights and the Principle of Proportionality after the Lisbon Treaty’ when discussing the DEB case at p 340 et seq.