Filter results

Results (12308)

Sort by:

Select all Select all

Page 1

Dafni Diliagka - The Legality of Public Pension Reforms in Times of Financial Crisis

Access

Select

Dafni Diliagka

The Legality of Public Pension Reforms in Times of Financial Crisis

Series: Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik

Volume 69 2018

Results in this title

Chapter Three: The Protection of Pensioners’ Existing and Future Legal Positions S. 106-150

„… The Protection of Pensioners’ Existing and Future Legal Positions The right to old-age pension …” „… Protection of Pensioners’ Existing and Future Legal Positions 108 impair the right of a State to enforce such …” „… Pensioners’ Existing and Future Legal Positions 110 application.430 Therefore, in the event that the …”

Introduction S. 15-25

„… ’ legal positions in case of public pension reforms and cuts in pen‐ sion payments?; (2) which aims of the …” „… rights and principles may potentially protect the pensioners’ legal positions and which are the protected …” „… legal positions.9 The recent Greek public pension reforms have economically affected the individuals …”

Chapter Five: The Principle of Proportionality as a Balancing Concept in Case-Studies of Pension Reforms S. 185-278

„… they had an established legal position creating a proprietary interest falling within the ambit of …” „… contribution to a general knowledge of how to reform legal pension systems in times of financial crisis. One …” „… legal provisions, aims pursued, and the principle of proportionality) in cases of pension reforms. So …”

Conclusion S. 279-286

„… restrictions on the pensioners’ legal positions. The financial crisis and its distinctive element of …” „… , firstly, that pensioners who have established legal positions should be in a situation that demands …” „… pressing legal question, dealt with in this book, lies in the extent of the necessity and usefulness of …”

Bibliography S. 287-300

„… , Consequences, and Solutions, International Review of Finance 2010, pp. 1-26. Amitsis, Gabriil, Legal Problems …” „… 2007, pp. 575-610. Becker, Ulrich, Verfassungsrechtlicher Schutz rentenrechtlicher Positionen, LVA Mitt …” „… Crisis, and Legal Doctrine, IJCL 2014, pp. 710-739. Blomeyer, Wolfgang, Die “Riester-Rente” nach dem …”

Titelei/Inhaltsverzeichnis S. 1-14

„… Legal Positions Chapter Three: 106 Legal Provisions Protecting the Right to Old-Age Pension Benefits A …” „… Subject-Matter of the BookB. 16 Aim of the BookI. 17 Legal Research QuestionsII. 18 MethodologyIII. 21 …” „… Facility Agreements1. 47 The IMF’ Policy of Conditionality2. 53 The Legal Status of the Agreements and …”

Chapter One: The Influences of the Pension Reforms 2010-2012 S. 26-63

„… ’ interference is, the more likely it is that the interference will be classed as legal. This chapter clearly …” „… functioning of the EMU, a Council Regulation on the strengthening of the surveillance of budgetary positions …” „… stage of the EMU with the legal introduction of the Euro, which became the new national currency …”

Chapter Four: The Public Interest in Times of Financial Crisis S. 151-184

„… The Public Interest in Times of Financial Crisis The legal provisions analysed in chapter three may …” „… legal doctrine, since its meaning is expressed in very broad and ab‐ stract terms.567 Each state-policy …” „… executive power. This position is derived from the constitutional principle of the separation of powers. The …”

doi.org/10.5771/9783845291574

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

No access

Select

Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

Results in this title

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… Legal Background of the Abuse of a Dominant Position In order to join the Union, Romania had to bring …” „… Article 82 EC16 was a means of replacing the legal vacuum in the abuse of dominance policy area by …” „… incorporation in Article 6 RCL. Article 6’s prohibition of abuse of a dominant position, therefore, is similar …”

The Assessment of Market Dominance S. 112-127

„… market share of approximately 96% justified the assumption of a dominant market position in spite of the …” „… suppliers, because it held a natural monopoly position due to transport possibilities.4075. The Assessment …” „… details the legal presumptions of market dominance under German competition law and some selected …”

Establishing Market Dominance S. 74-79

„… can be recognised: the definition of a dominant market position; the legal and practical assessment …” „… market dominance can be established. There are several key features by which a dominant market position …” „… agent or agents – holds a dominant position that the legislator did not define; (3) The requirement that …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… the legal monopoly over administration of the Danube Channel. The latter abused its dominant position …” „… the undertaking concerned demonstrates that for operational, legal or factual reasons, the concurrent …” „… denote abuse if a dominant market position existed in the market for the allocation of the relevant …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… definition of a dominant market position; the legal and practical assessment criteria, which the competition …” „… differentiation possible, as before. However, it must ensure legal certainty and predictability for businesses …” „… and «companies with a dominant position in a particular market may not abuse that power to squeeze out …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… legal entities, irrespective of their nationality, instead of undertakings, as under EU competition law …” „… activity, regardless of the legal status of the entity and the way in which it is financed».247The RCL …” „… undertakings that cover all natural and legal entities if and insofar as they are engaged in an economic …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… position may affect the inter-Member States’ trade.589 A statement to this effect is therefore introduced …” „… extent to which the abuse of a dominant position may affect trade between Member States, the Council must …” „… request extreme measures590 if an undertaking abusing its dominant position did not remedy the situation …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… have a slightly different understanding when transposed into a legal perspective. As the RCL refers to …” „… legal practice. Consequently, legal practice examines empirically such anti-competitive practices and …” „… light of the previous efforts at modernising Article 102, Romania’s legal focus upon effects on …”

Brief Historical Overview of National Competition Laws S. 15-19

„… apply stricter national competition laws. 2. The Legal Background of the Abuse of a Dominant Position In …” „… within this section aims to ensure a better understanding of the legal and economic concepts of the abuse …” „… of a dominant market position under EU competition law and the two Member States of Germany and …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… by abusive practices. Therefore, individuals and/or any legal persons who are actually and directly …” „… of which an undertaking abused its dominant position, the restraint on market access for the alleged …” „… 2000-2004.891 The CC failed to examine sufficiently the claims of alleged abuse of a dominant position at the …”

Bibliography S. 383-395

„… Position-postal Services, 31(2010)2 European Competition Law Review. Mertikopoulou, Victoria: DG Competition’s …” „… Oxford Journal of Legal Studies. Akman, P.: ‘Consumer Welfare’ and Article 82 EC: Practice and Rhetoric …” „… Comparative Perspective, Antwerpen, Intersentia, 1st edn, 2001. 384 Bernard, Kent: The Intel Cases – Legal …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… infringement of Article 6 (a) RCL,1262 through the exploitation of its dominant position in the relevant market …” „… attempted to preserve its monopoly position as a producer of innovative medicines, even after the expiry of …” „… attempting to annul the legal effects with regard to the price setting procedure for medicines: the company …”

Introduction S. 346-349

„… acts aims to ensure legal certainty and predictability and to enforce the balance of fair versus unfair …” „… significantly impaired by «undue influence», i.e. «exploiting» a position of power in relation to the consumer …” „… a dominant firm exploited its position so as to set prices significantly higher than those which …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… connect customers and was obliged to use a subcontractor.931 Gas Sud enjoyed a legal monopoly for gas …” „… CVR, two of the four market players, were found guilty of abuse of a dominant position in the …” „… in the area where the cable operators were de facto in a monopoly position. This occurred because no …”

Concluding Remarks S. 220-222

„… from the legal balancing of policy objectives. The latter legitimately addresses consumers, it implies …” „… rule of reason. The legal balancing, therefore, would not endanger legal certainty for businesses or …” „… , individuals and/or any legal persons who are actually and directly affected may request an investigation by …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… law. Within this context, however, it is necessary to preserve a minimum of legal certainty and …” „… Commission’s Guidance could lead to legal uncertainty without providing better equity in individual cases.6605 …” „… Nevertheless, nearly all of them are reminiscent of the market-structure analysis.670 The position of the …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… counter to the need to ensure legal certainty and predictability for businesses. Especially for the sake …” „… anticompetitive practices have been withdrawn or newly introduced in order to offer legal certainty for …” „… , The More Economic Approach to Art. 82 EC and the Legal Process, 3(2006) Zeitschrift für …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… undertaking may abuse its dominant position by claiming excessive royalties for or imposing unduly onerous …” „… In conclusion, it was difficult to achieve legal certainty using such cost benchmarks that are highly …” „… exceeds the prices charged by another operator. It is, however, in the interest of legal certainty that …”

(Price) Discrimination S. 284-286

„… legal entities was objectively justified. The Romanian Shareholders Registry (RSR) infringed Article 6 …” „… it abused its dominant position by setting unequal conditions for similar services to private …” „… non-discriminatory economic measure and does not hold a dominant market position. The tribunal confirmed that the …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Dominance 161. Brief Historical Overview of National Competition Laws 172. The Legal Background of the …” „… Abuse of a Dominant Position 193. Stricter National Abuse of Market Dominance Rules 224. The …” „… Application of the Market Dominance Laws 793. The Dominant Position and the Concept of Abuse 82a) The …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… Deutsche Post had dominated the third market of booklet delivery through its dominant position in the mail …” „… Telekom (DT) for abuse of its dominant position in the 1042 Hossenfelder, supra n 959, para 229. 1043 …” „… efficient» competitors out of the market, DT strengthened its dominant position and limited consumers …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… of the Member States. Legal scholars have already envisaged various disparities due to their broad …” „… nature, and a real risk of legal uncertainty in general.1397 Therefore, sub-chapter 6 aims to analyse …” „… why 1397 Collins, supra n 1393; on creating legal uncertainty see, Anagnostaras, supra n 1349, 170 …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… undertakings.202From an economic and legal perspective, the underlying objective of Article 102 is promoting …” „… case-by-case specific analysis of welfare effects, which considerably reduces legal certainty.210205 …” „… affects the competitive process». For legal «formalism», see Van den Bergh/Camesasca, European Competition …”

The Relevant Markets S. 104-112

„… upheld in a 2006 case on abuse of dominant position and market sharing on the TV cable services market …” „… , medium cigarettes, sub-medium and popular cigarettes.362 While the CC analysed the position held by RCS …” „… As a new entrant in the relevant market, RCS did not hold a dominant position. The CC identified the …”

The Dominant Position and the Concept of Abuse S. 82-104

„… position in relation to smaller competitors. Furthermore, Section 20(1) prohibits dominant undertakings …” „… grant any advantages. 3. The Dominant Position and the Concept of Abuse a) The Definition of a Dominant …” „… Position Article 102 TFEU does not condemn the mere possession of dominance, but is directed at «strategic …”

Final Remarks for Germany S. 379-381

„… legal and economic principles should be included in competition laws to help national enforcement. 2 …” „… the dominant position and the abusive behaviour need be shown as a mechanical interpretative norm …” „… . Furthermore, the existence of comprehensive legal criteria for assessing dominance and the objective …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… , etc». 334 interests of EU consumers? The latter aspect is critical where there should be legal …” „… mentions that withholding interoperability information «may» constitute an abuse of a dominant position …” „… .1356 However, Article 9 applies without prejudice «to any other legal provisions such as those …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… the energy sector introduced a certain degree of flexibility in handling cases, whilst the legal …” „… competition law and practice, such as Microsoft’s super-dominance versus the German paramount market position …” „… Paramount Market Position According to the Commission’s finding, which was upheld by the General Court …”

Stricter National Abuse of Market Dominance Rules S. 22-24

„… action at the Union level.31From the perspective of consistency and legal certainty and of preserving the …” „… substantive or procedural rules, however, may still reflect subtle diverging legal interpretations or slightly …” „… different legal standards or tests in practice.3631 Case C-344/98, Masterfoods v Ice Cream, 2000 ECR I …”

The German Economic Thinking in the Light of an Economic Constitution S. 49-55

„… competition models were not created in a legal vacuum. Ordoliberals were, indeed, aware of the pre-existing …” „… has created a legal vacuum with regard to the EU practice on unfair competition. d) The economic …” „… positions of economic power in order to develop a competitive order. On the other hand, ordoliberals …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… . However, Hoppmann advocated in favour of per se rules and postulated that legal prohibitions should be …” „… formulated as such in order to reduce the risk of legal uncertainty for firms.155 Accordingly, competition …” „… As part of Eucken’s model of perfect competition, the state should create the legal framework to make …”

Overview of Major Policy Objectives S. 27-46

„… legal and economic concepts surrounding the abuse of dominance from a dynamic perspective. The chapter’s …” „… strong market position.58b) The Furtherance of Consumers Under Romanian competition law, the common …” „… «minimalist» consumer protection 59 A.D. ChiriY<, The Abuse of Dominant Market Position under Romanian …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… commercial position of an undertaking in a dominant position […] must, at the very least, in order to be …” „… amendment to the RCL, ex Article 7(5) contained a provision that aimed to ensure legal certainty and …” „… , The principle of legal certainty in EC law, Kluwer Academic Publishers, 2003, 332; Schweitzer, supra n …”

Monopoly Pricing S. 235-236

„… making photographs for driving licenses, thereby abusing its dominant position. In fact, Mitsubishi …” „… distribution network and the legal policy on 926 FCJ, KVR 12/98, Flugpreisspaltung, 22 July 1999, WuW/E DE-R …” „… connect customers and was obliged to use a subcontractor.931 Gas Sud enjoyed a legal monopoly for gas …”

Discrimination as a Structural Abuse S. 143-145

„… cannot be forbidden from using their «competitive advantage» accrued from having attained such a position …” „… German sports goods dealers abused its dominant position by excluding manufacturers and wholesalers who …” „… undertakings do not exist.563The ARC includes a legal presumption of dependence, where such a supplier of a …”

The Abuse of Economic Dependence S. 145-146

„… do not exist.563The ARC includes a legal presumption of dependence, where such a supplier of a …” „… market position of «relative» market power insofar as smaller enterprises depend on them. The concept of …” „… , KZR 1/75, Rossignol, 20 November 1975, WuW/E, 1391. 146 decisive; rather, the brand, position, or the …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… than the German one. Therefore, following the legal standards applicable under Article 101 and in …” „… by way of analogy is only one legal possibility. Although Article 101(3) refers to agreements that …” „… controlling the accumulation and misuse of undue market power. Another legal possibility is to complement the …”

Final Concluding Remarks S. 342-346

„… , any intervention where an undertaking has already acquired a paramount market position is a paradox …” „… enjoys a super-dominant position, then, the hindrance abuse is no longer an instrument of …” „… for the overall public interest, the more severe prohibition of abuse of a dominant position is …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… power of dominant undertakings. 4. Consistency v Legal Certainty in light of the Form and Effects-based …” „… applied by an undertaking in a dominant position has foreclosure effects. Thus, discounts granted by a …” „… law. Within this context, however, it is necessary to preserve a minimum of legal certainty and …”

Hindrance Abuse S. 286-290

„… , Section 20(3) explicitly prohibits dominant undertakings from using their market position to force other …” „… using their position to hinder them in an unfair manner, which refers to a horizontal or vertical …” „… concept is based on any legal definition and the conduct of a dominant undertaking is considered abusive …”

Reconcilable Tensions of the New Shift S. 165-168

„… dominant position are likely to raise additional entry barriers to actual or potential competitors. To sum …” „… presumption that an undertaking enjoys a paramount market position in relation to all its competitors does not …” „… the protection of Intel’s position as sole market player and competitor in the relevant market for x86 …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… 146 decisive; rather, the brand, position, or the reputation of the alleged product is essential …” „… position. Therefore, Section 29 shifts the burden of proof from the FCO to the energy suppliers who must …” „… whether an energy supplier had abused its dominant position, the FCO used a comparison of the energy …”

Long-term Exclusive Agreements S. 279-284

„… held a dominant position in the gas transmission market network, as well as in the downstream markets …” „… competition concern that the undertaking allegedly abused its dominant position in the Swedish electricity …” „… France, the preliminary finding was an abuse of a dominant position in the market for the supply of …”

The Present Relevance of the Historical Interpretation of Article 102 S. 356-359

„… prohibition not to abuse a dominant position shifts to one where one or more undertakings are prohibited from …” „… exploiting, ausnutzen, their dominant position in an abusive manner. This is contrary to von der Groeben’s …” „… this legal background, which determined ordoliberals to shape the economic freedom of undertakings …”

Predatory Pricing S. 245-252

„… Stadtwerke Völkingen,974 the FCO also examined the abuse of a dominant position on the basis of Sections 19(1 …” „… not be proven. As the CC did not find that Interbrew held a dominant position, it did not enter into …” „… costs. The focus upon eliminating and disciplining a competitor reflects the worry that the legal …”

Exclusionary Abuses S. 133-142

„… position and contains presumptions of market dominance, whilst both Articles 6 and 102 generally prohibit …” „… supplier or purchaser of certain kinds of goods or commercial services abuses its dominant market position …” „… a dominant position without finding an abuse of such a position, which requires an objective …”

The As-Efficient Competitor Test S. 190-192

„… in a position to benefit from the sacrifice. The focus is then upon the shape of the market in the …” „… the secondary market, such as a legal monopoly.762755 See B.II.5 and 6. 756 Supra n 5, para 63. 757 …”

Discounts and Rebates S. 270-279

„… practices by the national postal company.1106 The Romanian Post company abused its dominant position by …” „… existence of a monopolistic position» for a period of up to three years. 1105 CC, decision no. 94, Lafarge …” „… Univeler had had a dominant position and applied «unequal terms for equivalent services to trade partners …”

Final Remarks and Policy Recommendations for Romania S. 376-379

„… market position at 40% of market shares onwards. This new recent case line contradicts, however, the CC’s …” „… Article 6 is needed and, therefore, both general and more detailed legal and economic principles should be …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… position are entitled to compete on the merits of the products and services they provide. Again, this …” „… balancing, or to the legal basis upon which the Commission decides to establish in advance consumer «choice …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… and the «superior bargaining» position.1312 His recognition relies on Germany’s response at the …” „… to the energy sector introduced a certain degree of flexibility in handling cases, whilst the legal …”

doi.org/10.5771/9783845230306

Enver Hasani, Péter Paczolay, Michael Riegner - Constitutional Justice in Southeast Europe

No access

Select

Enver Hasani (ed.), Péter Paczolay (ed.), Michael Riegner (ed.)

Constitutional Justice in Southeast Europe

2012

Results in this title

Pál Sonnevend The Position of the European Convention on Human Rights in the Hungarian Legal Order S. 163-174

„… 163 The Position of the European Convention on Human Rights in the Hungarian Legal Order Pál …” „… position of international treaties in the Hungarian legal order in general and then focus on the …” „… Hungary 166 1. International treaties in the domestic legal order 166 2. The applicability of the …”

Ivan Čukalovič The Relationship between the Constitutional Court and the Supreme Cassation Court in Serbia S. 109-120

„… establishes general legal positions of the Court in order to have a unique practice of law; supervises the …” „… unification of legal practice, and to this end, issues general positions to guide the lower courts. Of course …” „… . Historical development The position of the Constitutional Court has undergone significant changes in past …”

Snezhana Botusharova The Constitutional Court of Kosovo and the European Court of Human Rights S. 71-90

„… Botusharova* Contents I. Introduction 72 II. The position of the ECHR in the legal system of Kosovo 73 …” „… , namely: a) the position of the ECHR within the legal system of the Republic of Kosovo, and how can its …” „… has discretion to decide on its domestic legal status.5 Kosovo accords a privileged position to the …”

Vidan Hadzi-Vidanovic The European Convention on Human Rights in the Serbian and English Constitutional Orders: A Comparative Analysis S. 121-144

„… the UK: Two different international legal philosophies 123 1. The Serbian Constitution and …” „… international law 124 2. The English legal system and international law 125 3. The role of courts compared …” „… attitudes and legal culture as determinants of Convention use 140 V. Conclusion 143 122 I …”

Volkmar Theobald Preface and Acknowledgements S. 5-8

„… Constitutional Court was often cited in this context. It thus came as natural to the Legal Reform Project of the …” „… legal research. The first issue was the relationship between constitutional courts and domestic supreme …” „… case law. Both are given a privileged position in the Kosovo Constitution, but equally and increasingly …”

Péter Paczolay Constitutional Justice between Courts, Citizens and Politics: Lessons Learned from the Transition Experience in Hungary and Beyond S. 175-194

„… position in both reshaping the legal system and balancing the conflicts of the political powers. This gave …” „… been implemented in a different legal context. Judicial review by an independent judiciary as a …” „… constitutional courts to promote emerging constitutionalism, to help frame a new legal system and to replace the …”

Peter Pavlin Where Courts Meet: The Effective Protection of the Right to Trial within Reasonable Time in Kosovo in Light of the ECHR and Comparative Experiences S. 91-108

„… the position that no exhaustion of other (presumably inefficient) legal remedies is needed in cases of …” „… effective protection of the right to trial within a reasonable time in Kosovo’s domestic legal order 96 …” „… discuss their effect within the legal order of Kosovo (part II). After looking at some comparative …”

Michael Riegner Constitutional Justice in Southeast Europe between Ordinary Judiciaries and the European Court of Human Rights S. 13-48

„… the “The Position of the European Convention on Human Rights in the Hungarian Legal Order”. He finds …” „… US-American legal tradition and later proliferated in Western Europe in different forms and waves. After the …” „… common European legal space. Geographically, the comparison centers on Kosovo, Serbia, Albania and …”

Enver Hasani Constitutionalism in Kosovo and the Relationship between Constitutional Justice and the Supreme Court S. 49-70

„… position of the Supreme Court in the legal system of Kosovo 61 2. The scope and extent of …” „… . The role and the position of the Supreme Court in the legal system of Kosovo In the legal system of …” „… them and the ordinary courts of higher instance. In some cases, it was the legal and constitutional …”

Xhezair Zaganjori The Case of Albania: The Relationship between Constitutional Justice and the High Court under the Influence of the ECHR S. 145-162

„… in the privileged position of international law, especially of this Convention, in the Constitution …” „… Review in Europe, Parliamentary law and legal policies 46 (2008), vol. 5. 148 II. The normative …” „… courts, Parliamentary law and the legal policies 46 (5) (2008), 47. 3 Article 145 para. 2 reads: “If …”

doi.org/10.5771/9783845242163

Angeliki Mavridou - Credit Default Swaps in Bankruptcy Proceedings under US Law

No access

Select

Angeliki Mavridou

Credit Default Swaps in Bankruptcy Proceedings under US Law

Series: Schriften zum Insolvenzrecht

Volume 66 2017

Results in this title

Part Four: The Impact of Undisclosed CDS Positions on Reorganization Procedures under Chapter 11 USBC – A Legal Perspective S. 140-172

„… undisclosed CDS positions could be classified with claims of the same legal type notwithstanding any payments …” „… creditors with a CDS position is imperative. For the legal inconsistencies that can be caused by the …” „… effects of undisclosed CDS positions on reorganization proceedings from a legal point of view, i.e. their …”

Titelei/Inhaltsverzeichnis S. 1-12

„… satisfied creditor positionsI. 89 Empty creditor positionsII. 90 Net short creditor positionsIII. 90 …” „… of Undisclosed CDS Positions on Reorganization Procedures under Chapter 11 USBC – A Legal Perspective …” „… Classification of Post-Settlement Creditor PositionsChapter 5: 87 Post-settlement CDS positions relevant for the …”

Part One About (Credit) Derivatives S. 17-59

„… furthermore elaborates on the legal aspects of credit derivative transactions and briefly addresses …” „… . The discussion on the legal aspects of credit derivative transactions means to contribute some …” „… thoughts to the debate on whether the legal status of credit derivatives is akin to that of an insurance …”

Introduction S. 13-16

„… the legal inconsistencies that can occur from individual, undisclosed CDS positions in bankruptcy …” „… creditor in the referenced entity’s bankruptcy proceeding. The presence of credit default swap positions in …” „… captured the attention of various economic scholars is that such positions are typically short positions. A …”

Part Three Reviewing the Consistency of Undisclosed, Post-Settlement CDS Positions with the Pari Passu Principle under the US Bankruptcy Code S. 94-139

„… Reviewing the Consistency of Undisclosed, Post- Settlement CDS Positions with the Pari Passu …” „… undisclosed CDS positions under the US Bankruptcy Code is consistent with the pari passu principle, one has to …” „… of this part identifies those creditor positions that are substantially similar to CDS positions …”

Part Two: Single Name Credit Default Swap Transactions and Emerging Creditor Positions in Bankruptcy Proceedings S. 60-93

„… Single Name Credit Default Swap Transactions and Emerging Creditor Positions in Bankruptcy …” „… bankruptcy debtor’s estate. Examining the legal consistency of such circumstance with the legal provisions of …” „… creditor positions to be examined. One of the distinctive characteristics of CDS agreements is that they …”

doi.org/10.5771/9783845283470

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

No access

Select

Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germany

2013

Results in this title

BVerfGE 108, 82 Order of the First Senate of 9 April 2003 – 1 BvR 1493/96, 1724/01 “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal, father and the constitutionality of §§ 1600 and 1685 of the Civil Code and § 1711 of the Civil Code old S. 642-668

„… legal position of father. He must be given the possibility under procedural law of attaining the legal …” „… position of father if the protection of a family relationship between the child and its legal parents does …” „… to the legal position of the (putative) natural father of a child who is not the legal father of the …”

BVerfGE 117, 202 Judgment of the First Senate of 13 February 2007 – 1 BvR 421/05 “Secret paternity test case” Decision regarding the right of the legal father to know that his child is biologically his and the obligation of the legislature to make available a suitable procedure S. 759-778

„… : 1. In order to put into effect the right of a legal father to know that his child is biologically …” „… Law (Grundgesetz – GG), the legislature has failed to provide a procedure in a legal 759 form which is …” „… capable of clarifying whether a child is the biological child of its legal father and in which solely this …”

BVerfGE 107, 104 Judgment of the Second Senate of 16 January 2003 – 2 BvR 716/01 “Parental involvement in proceedings under the Juvenile Court Act case” Exclusion of a father with parental rights from proceedings before a juvenile court which involve his son (§ 51.2 of the Juvenile Court Act) S. 591-610

„… describes in § 67 the position of the person with parental rights and of the legal representative for the …” „… Act states: § 67 Position of the person with parental rights and the legal representative (1) To the …” „… affect nevertheless the legal position of the complainant, which the courts were obliged to consider in …”

BVerfGE 111, 307 Order of the Second Senate of 14 October 2004 – 2 BvR 1481/04 “Görgülü I case” Obligation to take into account the European Convention on Human Rights and the decisions of the European Court of Human Rights, and the limits of such obligation, in the context of the principle that the judge is bound by statute and law (Article 20.3 of the Basic Law) S. 694-713

„… and the substantive and procedural legal position had since changed with lasting effect. If only for …” „… to the res judicata and that the factual and legal position may change before new domestic …” „… always important that various subjective legal positions are sensitively weighed against each other, and …”

BVerfGE 103, 89 Judgment of the First Senate of 6 February 2001 – 1 BvR 12/92 “Marriage covenant case” Judicial review of agreements in a covenant of marriage concluded with a pregnant woman prior to the conclusion of marriage S. 475-490

„… by the de facto situation in which she finds herself, by her legal position as a single mother and in …” „… inferior position, even if statutory legal positions are contracted out by virtue of the covenant of …” „… , and could have withdrawn to the legal obligations of a non-marital father (see BGH, FamRZ 1996, p …”

BVerfGE 84, 168 Order of the First Senate of 7 May 1991 – 1 BvL 32/88 “Case regarding custody rights for children born out of wedlock” Joint parental custody for children born out of wedlock S. 320-335

„… situation of the child born out of wedlock or other legal positions which are equally protected would …” „… Law to either deny the legal advantages associated with the declaration of legitimacy to children born …” „… or to permit them only with the legal consequence that the mother loses the right and the duty to …”

BVerfGE 79, 51 Order of the First Senate of 12 October 1988 – 1 BvR 818/88 “Foster parents case” Removal of a child from its foster family S. 287-300

„… the designated adoptive parents are in a position to integrate the child into their family without any …” „… committed to a psychiatric clinic suffering from a psychosis. As the father was not in a position to look …” „… acceptable in the present case as the child would gain a legal status on account of the planned adoption …”

BVerfGE 113, 88 Judgment of the First Senate of 7 June 2005 – 1 BvR 1508/96 “Parental support case” Constitutional limits where children are required by the social assistance funding agency to pay support for their parents as the result of an assigned right S. 732-746

„… emphasise the relatively weak legal position accorded by the legislature to parental support. Through the …” „… of the Civil Code, since she was not in a position to pay support from regular earnings without …” „… basis of the legal principle of § 89 of the Federal Social Assistance Act, if this merely, without …”

BVerfGE 24, 119 Order of the First Senate of 29 July 1968 – 1 BvL 20/63, 31/66, 5/67 “Adoption I case” Substitution of parental consent to adoption S. 51-74

„… evidently presume that the object of protection of Article 6.2 of the Basic Law is a legal position which …” „… under 14 by its legal representative, and for a child aged over 14 by the child personally with the …” „… consent of his or her legal representative; the approval of the guardianship court (Vormundschaftsgericht …”

BVerfGE 118, 45 Order of the First Senate of 28 February 2007 – 1 BvL 9/04 “Childcare maintenance case” Incompatibility of the different assessment of childcare maintenance because of the care or bringing up of children born in and out of wedlock (§§ 1570 and 1615 l.2 sentence 3 of the Civil Code) with Article 6.5 of the Basic Law S. 779-803

„… concept is followed by the case-law. 2. a) With the entry into force of the Act on the Legal Status of …” „… claim to be extended (see Bundestag printed paper 13/4899, p. 167). The Bundestag’s Committee on Legal …” „… mother against the father was said to depend on the legal nature of the relationship between the parents …”

Appendix The Basic Law for the Federal Republic of Germany S. 852-936

„… parents will not be encouraged thereby. Approval shall be withheld if the economic and legal position of …” „… and mental development and for their position in society as are enjoyed by those born within marriage …” „… any legal challenge that may have been instituted against them. (3) By a law requiring the consent of …”

BVerfGE 53, 224 Judgment of the First Senate of 28 February 1980 – 1 BvL 136/78, 1 BvR 890/77, 1300, 1440/78, 32/79 “Divorce law case” Dissolution of marriage according to the new law because of breakdown of marriage – also irrefutably presumed after three-year separation –; application to “prior marriages”; hardship clause S. 138-155

„… transition, and the unrestricted continued application of the existing legal positions. It is necessary to …” „… intended to improve the legal position of the economically dependent spouse in major areas. Whether the …” „… - 141 duct on the part of her husband. After the legal dispute had been suspended at her motion for six …”

BVerfGE 72, 122 Order of the First Senate of 18 June 1986 – 1 BvR 857/85 “Withdrawal of custody rights case” Safeguarding the status of children as holders of fundamental rights in the proceedings (supplementary curator) S. 231-244

„… legal representative is not willing or not in the position to lodge a constitutional complaint on his or …” „… Court had issued its decision. The written submissions had contained incorrect legal explanations in …” „… incorrect legal explanations in respect of § 1666 of the Civil Code. However, the grounds for the order …”

BVerfGE 76, 1 Order of the Second Senate of 12 May 1987 – 2 BvR 1226/83, 101, 313/84 “Entry of aliens to join family members living in the Federal Republic” Waiting periods for the entry of aliens (Turkish and Yugoslavian nationals) to join family members living in the Federal Republic of Germany S. 245-286

„… legal position or legal actions of the other spouse or some other family member. For the present context …” „… by these deadlines to an unreasonable shortening of their legal protection if they were forced to …” „… (Bundesverfassungsgerichtsgesetz – BVerfGG) have been fulfilled. In each of the disputes, all legal remedies had been exhausted …”

BVerfGE 127, 132 Order of the First Senate of 21 July 2010 – 1 BvR 420/09 “Case regarding custody rights of fathers of children born out of wedlock” Decision regarding the parental right of the father of a child born out of wedlock; incompatibility of § 1626a.1 no. 1 and § 1672.1 of the Civil Code with Article 6.2 of the Basic Law S. 826-851

„… statute that this corresponds to the facts, and the declarant takes the legal position of father. However …” „… reason of the legal connection they assumed in marrying, that there was agreement between them and …” „… to submit a declaration of custody as a power position against the father (see BVerfGE 107, 150 …”

BVerfGE 87, 1 Judgment of the First Senate of 7 July 1992 – 1 BvL 51/86, 50/87, 1 BvR 873/90, 761/91 “Rubble women case” Allowance of child-raising periods in the statutory pensions insurance of wage-earners and salaried employees (“rubble women”) S. 336-354

„… , the legislature has not encroached on legal positions protected by Article 14.1 of the Basic Law. The …” „… protection of property is conditional on a legal position which is recognised by law (see BVerfGE 83, 201 …” „… , however, there was no individual legal position on which the legislature could have encroached as to the …”

Titelei/Inhaltsverzeichnis S. I-XXVIII

„… “Biological father case” Decision regarding the legal position of the (putative) natural, but not legal …” „… “Secret paternity test case” Decision regarding the right of the legal father to know that his child is …” „… values, Article 6 also has an extended application with regard to the entire legal system, and hence …”

BVerfGE 31, 58 Order of the First Senate of 4 May 1971 – 1 BvR 636/68 “Spaniard case” Validity of fundamental rights (here: Article 6.1 of the Basic Law) for German international private law; freedom of marriage (act of marriage between a Spanish man and a German woman divorced by a German court) S. 100-121

„… difficult legal position by entering into the marriage, particularly when moving with the foreign spouse to …” „… . Despite the legal force of the divorce obtained from a German court, this marriage still existed according …” „… Spanish law violated neither Article 30 of the Introductory Act to the Civil Code nor any of the legal …”

BVerfGE 101, 361 Judgment of the First Senate of 15 December 1999 – 1 BvR 653/96 “Caroline of Monaco II case” Publication of photographs from the daily and private life of prominent persons – Caroline of Monaco S. 450-474

„… personality. In the weighing of the respective legal positions, protection of privacy enjoyed particular …” „… legal positions of the parties in the framework of the private-law settlement suffers (see BVerfGE 95 …” „… that the complainant’s legal position concerning the protection of her right of personality is enhanced …”

BVerfGE 57, 170 Order of the Second Senate of 5 February 1981 – 2 BvR 646/80 “Pre-trial detention II case (correspondence by letter)” Decision regarding the monitoring of letters during pre-trial detention; written correspondence between adult children and their parents S. 166-190

„… itself all the more, given that the complainant had established a kind of trusted position among his …” „… have reached a different legal assessment had it applied the stated constitutional standard. § 119.3 of …” „… regulate the content of the pre-trial detainee’s legal status, but merely refers to the purposes of …”

BVerfGE 10, 59 Judgment of the First Senate of 29 July 1959 – 1 BvR 205, 332, 333, 367/58, 1 BvL 27, 100/58 “Case concerning parental power” Decision regarding the equality of the mother and the father (father’s final decision) S. 20-39

„… entitled to act as the legal representative of the minor solely together with the mother. The judge would …” „… of the proceedings for judicial review of legal provisions. In his view § 1628 and § 1629.1 of the …” „… property matters of the child. It thus determines the legal status of the mother within the family directly …”

BVerfGE 82, 6 Order of the First Senate of 3 April 1990 – 1 BvR 1186/89 “Unmarried civil partner as tenant case” Unmarried civil partner of a deceased tenant as “another family member” within the meaning of § 569a.2 sentence 1 of the Civil Code S. 311-319

„… position in accordance with §§ 1922.1 and 1967 of the Civil Code. With regard to the personal character of …” „… the legal relationship, § 569.1 of the Civil Code affords to the landlord and to the heirs an …” „… the Legal Committee of the German Bundestag re Bundestag printed paper (Bundestagsdrucksache …”

BVerfGE 106, 166 Order of the First Senate of 29 October 2002 – 1 BvL 16, 17/95, 16/97 “Case involving the advantage acquired through additional counted children” Decision regarding the equal treatment of different forms of family under the law on child benefit S. 577-590

„… for finances, nor by a lesser legal position of those concerned. All communities of adults with (their …” „… wording, position in the legislative system and the declared intention of the legislature, and hence not …” „… legal form. It is said not to be permissible to differentiate by the nature or quality of the …”

BVerfGE 107, 150 Judgment of the First Senate of 29 January 2003 – 1 BvL 20/99, 1 BvR 933/01 “Case regarding parental custody for children born out of wedlock” § 1626a of the Civil Code is currently compatible with Article 6.2 and 6.5 of the Basic Law, lack of a transitional arrangement for old cases is unconstitutional S. 611-632

„… - Drucks) 13/4899), with which in particular also the legal differences between children born in wedlock …” „… structure of this legal institution. By means of the requirement of declarations of parental custody, it was …” „… ). In the context of the legislative procedure, the Committee on Legal Affairs of the Bundestag …”

BVerfGE 99, 300 Order of the Second Senate of 24 November 1998 – 2 BvL 26/91, 5, 6, 7, 8, 9, 10/96, 3, 4, 5, 6/97 “Civil servants’ children case” (state’s obligation to take care of civil servants’ welfare and family) Remuneration of civil servants and judges with more than two children in the period from 1988 to 1996 S. 432-449

„… keeping with their office. 2. The legislature must make the legal situation considered to be …” „… was said to be a different ruling than that anticipated in the 438 event of the validity of the legal …” „… orders deal with the non-constitutional legal situation in sufficient detail and explain with which …”

BVerfGE 60, 79 Order of the First Senate of 17 February 1982 – 1 BvR 188/80 “Case concerning the separation of a child from its family” Separation of a child from its family even where the parents fail without being at fault as the strongest encroachment on parental rights, only if principle of proportionality is strictly observed S. 191-202

„… Restoration of Legal Unity in Family Law (Gesetz über die Gleichberechtigung von Mann und Frau auf dem Gebiete …” „… complied with the demands made in jurisprudence and legal practice to abolish the principle of fault in the …” „… position to look after the child without placing her physical or emotional development at risk. The court …”

BVerfGE 61, 358 Judgment of the First Senate of 3 November 1982 – 1 BvL 25, 38, 40/80, 12/81 “Joint custody case” Decision regarding the exclusion of the joint custody of divorced parents S. 203-219

„… strike a balance between legal positions of divorced parents, both independent and protected by the …” „… responsibility after divorce, this constitutes an encroachment on a legal position of the parents protected by …” „… Committee on Legal Affairs nonetheless came out against joint custody of divorced parents, the key argument …”

BVerfGE 105, 313 Judgment of the First Senate of 17 July 2002 – 1 BvF 1, 2/01 “Civil Partnerships Act case” Correction of an adopted bill; right of approval of the Bundesrat; compatibility with Articles 6.1, 3.1, 3.3 sentence 1 and 14.1 of the Basic Law S. 541-576

„… themselves and sufficiently definite. They structure the legal position in such a way that the persons …” „… the legal institution of the registered civil partnership for same-sex couples does not infringe …” „… against same-sex couples and to give them the opportunity to give their partnerships a legal framework …”

Index S. 937-956

„… its legal father 760-761 – duty to care for and bring up 51, 409, 487, 800 – duty to take the mother’s …” „… , 430-431 – interest of the joint 477 – joint responsibility 214 – legal procedure capable of clarifying …” „… whether it is the biological child of its legal father 759, 764-765 – liable for support 744-746 …”

BVerfGE 99, 145 Order of the Second Senate of 29 October 1998 – 2 BvR 1206/98 “Hague Child Abduction Convention case” Hague Child Abduction Convention; accommodation of the best interests of the child in the special case of converse child return applications S. 386-401

„… as soon as possible to their original place of residence meets with legal and organisational …” „… reason of a judicial or administrative decision, or by reason of an agreement having legal effect under …” „… child is markedly in contradiction with that of his or her legal representatives, 2. the proceedings …”

BVerfGE 121, 69 Judgment of the First Senate of 1 April 2008 – 1 BvR 1620/04 “Parental duty of contact case” Decision regarding the compulsory enforcement of an adjudged duty of contact pursuant to § 1684.1 of the Civil Code S. 804-825

„… order – was not in the child’s best interests did not reflect the true legal position. The Local Court …” „… interests (see BVerfGE 99, 145 (164)). VI. The Court must also consider the child’s legal position which is …” „… , 161-162). On the other hand, the Committee on Legal Affairs of the Bundestag recommended implementing its …”

BVerfGE 66, 84 Order of the First Senate of 10 January 1984 – 1 BvL 5/83 “Maintenance priority case” Priority under the law of maintenance for the divorced spouse with care of children S. 220-230

„… , the original situation is characterised by the fact that it involves two conflicting legal positions …” „… cases in which the person liable for maintenance is not in a position to afford maintenance appropriate …” „… children. The position of the divorced spouse in relation to the minor, unmarried children is not expressly …”

BVerfGE 108, 351 Order of the First Senate of 7 October 2003 – 1 BvR 246/93, 2298/94 “Case relating to the splitting advantage in case of spousal maintenance” Unconstitutionality of the consideration of fiscal advantages from a new marriage of a person obliged to provide maintenance in the assessment of the maintenance payable to the former spouse S. 669-680

„… of the respective legal positions by the legislature (see BVerfGE 66, 84 (94-95)). The legislature …” „… original proceedings, she has no grievance necessary for lodging the constitutional complaint. Her legal …” „… position has not been directly affected by the impugned rulings (see Decisions of the Federal …”

BVerfGE 115, 259 Order of the First Senate of 28 March 2006 – 1 BvL 10/01 “Maternity protection period case” Incompatibility with Article 6.4 of the Basic Law of the employment promotion law in force between 1998 and 2002, according to which periods in which mothers interrupted employment requiring the payment of social security contributions because of the prohibitions under maternity protection law were not taken into account in the calculation of the qualifying period for receiving unemployment benefit S. 747-758

„… entitlement to unemployment benefit (on the legal position until the year 1979 see BVerfGE 60, 68 (69-70)). In …” „… to completing the qualifying period. 3. The plaintiff took legal action [– which was unsuccessful at …” „… subject of the judicial referral is not the review of the constitutionality of a particular legal …”

BVerfGE 99, 216 Order of the Second Senate of 10 November 1998 – 2 BvR 1057, 1226, 980/91 “Equalisation of family burdens case” Exclusion of parents living in marital community from tax deduction of childcare costs as an extraordinary expense resulting from gainful employment and from granting of the household allowance S. 402-419

„… maintenance is not to be placed on an equal legal footing with the private meeting of needs, which is why the …” „… interests and not to impose on them any disadvantageous legal consequences, the task of the state to …” „… of the Basic Law. … d) Nothing has changed as to the unconstitutionality of the impugned legal …”

BVerfGE 104, 373 Judgment of the First Senate of 30 January 2002 – 1 BvL 23/96 “Double family names case” Exclusion of double family names S. 515-529

„… encroached as little as possible on the rights of those concerned and which did not make the legal reform …” „… basis of which the Committee on Legal Affairs of the Bundestag proposed an amendment of the draft Bill …” „… recommendation for a resolution, the Committee on Legal Affairs provided reasoning for the exclusion of double …”

BVerfGE 51, 386 Order of the First Senate of 18 July 1979 – 1 BvR 650/77 “Expulsion case” Expulsion of a foreign national convicted of a criminal offence who is married to a German woman and has a legitimate child with her S. 127-137

„… considerations relating to crime prevention because he has been convicted of a drugs offence. I. The legal status …” „… Communities occupy a privileged position among foreign nationals. They, together with the members of their …” „… the concept of deterrence alone. 3. The complainant and her husband brought a legal action against the …”

BVerfGK 5, 161 Order of the First Chamber of the First Senate of 5 April 2005 – 1 BvR 1664/04 “Görgülü III case” Binding effect of a decision of the European Court of Human Rights – constitutional requirements placed on the removal of a child from its foster family S. 724-731

„… Human Rights, it held, did not alter the domestic legal position, nor did it have a binding effect in …” „… guardian and the children’s guardian of their functions. It also dismissed the application for legal aid …”

doi.org/10.5771/9783845237534

1

2 3 ... 2462