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Norbert Pelzer - Europäisches Atomhaftungsrecht im Umbruch

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Norbert Pelzer (ed.)

Europäisches Atomhaftungsrecht im Umbruch

2010

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Eliana Danzi Some Reflections on the Exclusion of Nuclear Damage from the Scope of Application of the Environmental Liability Directive S. 191-212

„… . The Environmental Liability Directive defines »environmental damage« as: (i) damage that has …” „… environmental liability with regard to the prevention and remedying of environmental damage, cit. 65 Directive …” „… prevention and remedying of environmental damage, cit., Article 1. 66 Directive 2000/60/EC of the European …”

Vlad Chiripus Romania’s Role in a Future Unified European Nuclear Liability Regime – Problems and Possible Conflicts S. 235-250

„… nuclear damage (considering that the respective Directive would make available a system to cover the …” „… – International Framework of Civil Liability for Nuclear Damage – Where Do We Stand Now? A turning point in the …” „… modernization of the international system of civil liability for nuclear damage developed under the patronage of …”

Jakub Handrlica Diskussionsbericht / Report of Discussion S. 275-282

„… Damage under the EU Directive on Environmental Liability, the German Environmental Liability Act and the …” „… environmental damage. Firstly, who may claim for compensation of damages under the EU Directive, under the …” „… nuclear liability through a European Directive would not be an appropriate solution because an internal …”

Evelyne Ameye Legal Study on Nuclear Third Party Liability for DG TREN of the European Commission S. 145-156

„… protection of its citizens, sets its own minimum compensation requirements via a Directive based on Article …” „… and soft Community law related to nuclear third party liability (directives, regulations, decisions …” „… environmental liability Directive 2004/ 35/EC). Finally, all background materials relating to Commission …”

Vanda Lamm The Unification of Nuclear Liability Law within the EU Member States from the Viewpoint of a Party to the Vienna Convention S. 213-220

„… appropriate means to cope with the special features of damages caused by the peaceful utilization of nuclear …” „… worldwide regime under the Vienna Convention on Civil Liability for Nuclear Damage (hereinafter: the …” „… bridge between the two systems and the 1997 Convention on Supplementary Compensation for Nuclear Damage …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Damage from the Scope of Application of the Environmental Liability Directive Eliana Danzi 191 The …” „… Methodology for Calculating the Premium for Environmental Heads of Damages: A UK Perspective Roh Hathlia 75 …” „… EU-Staaten Dirk Harbrücker 251 The Convention on Supplementary Compensation for Nuclear Damage: A Solution …”

doi.org/10.5771/9783845222578

Kristina Janusauskaite - Implementation of the EU Enforcement Directive in the Baltic Countries

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Kristina Janusauskaite

Implementation of the EU Enforcement Directive in the Baltic Countries

Series: Munich Intellectual Property Law Center - MIPLC Studies

Volume 7 2010

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Adjudication of damages in IP rights infringement cases in view of Article 13 of the Directive S. 184-203

„… damages in IP rights infringement cases in view of Article 13 of the Directive 1. Actual damages and …” „… European countries. While drafting provisions on damages in the Directive, it was intended to compile …” „… Directive, the calculation of damages was based on either actual losses suffered, or infringer‘s profits …”

Legislative (formal) implementation 108 1. Prior-to-implementation provisions on IP enforcement, duration of the implementation and the implementing provisions S. 108-118

„… Directive, the Lithuanian legislator amended and specified provisions on damages, especially what concerns …” „… due to the Directive-based provisions on precautionary and preliminary measures. 493 Law No X-649 …” „… to enforce the TRIPS standards regarding enforcement of IP rights prior to the Enforcement Directive …”

Interpretation of the “subject-matter” under Article 1 of the Directive S. 119-126

„… , including an economic damage517. Although the Enforcement Directive does not regulate civil enforcement …” „… Directive), and alternative adjudication of compensation instead of actual damages (as constituted in the …” „… implementing Lithuanian Copyright Law only532) or pre-established damages (Article 13(2) of the Directive …”

Implementation of the Enforcement Directive in the Baltic countries: outcomes S. 227-229

„… the Directive-relevant term “commercial purposes,” have been salient. Such disputed aspects, which …” „… 227 § 6 Conclusions and observations A. Implementation of the Enforcement Directive in the …” „… Baltic countries: outcomes After examining how the EU Enforcement Directive has been implemented in …”

Subject-matter and objectives of the research S. 21-25

„… Directive-created measures are in compliance with the international standards of IP protection and, moreover …” „… of intellectual property rights by implementing, inter alia, the EU Enforcement Directive3, cannot …” „… of rights, prohibition of actions which infringe or may actually infringe or damage the rights …”

Review of the catalogue of enforcement measures, procedures and remedies under the Enforcement Directive: “grandfather” provisions and novelties S. 93-107

„… 410, Article 13 of the Enforcement Directive embodies an adjudication of damages, one of the key …” „… Directive seeks to harmonize the regulation on pecuniary damages with the aim they are appropriate for the …” „… fault414. The methods of calculation of damages harmonized by the Directive are either actual damages …”

Titelei/Inhaltsverzeichnis S. 2-16

„… 13 of the Directive 184 15 1. Actual damages and alternative methods to calculate damages …” „… damages) 200 II. Legal costs as an important procedural factor in view of Article 14 of the Directive …” „… Directive in the Baltic Countries Experience in View of the Development of Protection of Intellectual …”

Concluding remarks S. 211-213

„… plementation of the Directive and afterwards is more focused on compensation instead of damage as alternative …” „… under the scope of the Directive. It should be stressed, though, that adjudication of such damage in …” „… implemented the mandatory provisions on damages, legal costs, corrective measures as well as publication …”

Concluding remarks S. 183-184

„… damages in IP rights infringement cases in view of Article 13 of the Directive 1. Actual damages and …” „… an injunction to prevent any acts because of which the rights may be actually infringed or damage …” „… possible damage.” 756 Thus, instead of requirement to pay penalty in case of non-compliance with the …”

Provisional measures under the national legislation in view of Article 9 of the Enforcement Directive S. 174-183

„… of the Enforcement Directive, the lodging of assurance for damage compensation to right holders is …” „… Enforcement Directive 1. Application of provisional measures as procedural civil remedies a) Objectives …” „… and nature Article 9 of the Enforcement Directive is generally aimed to harmonize provisional and …”

Other sanctions for IP infringements in view of Article 16 of the Directive S. 213-222

„… Directive I. Other sanctions for IP infringements in view of Article 16 of the Directive Although the …” „… scope of the Enforcement Directive covers civil enforcement measures, procedures and remedies, criminal …” „… Directive891. It was decided not to include them under the scope of the Enforcement Directive; however …”

Evidence and measures to preserve evidence in IP rights infringement cases in view of Articles 6 and 7 of the Enforcement Directive S. 150-168

„… legislation and court practice in view of the implementation of the Enforcement Directive I. Evidence and …” „… Enforcement Directive 1. General remarks Timely and appropriate collection of evidence in IP infringement …” „… of the Enforcement Directive have been likewise drafted considering the importance of harmonization …”

Brief review on the adoption of the Directive S. 83-93

„… of the EU Enforcement Directive A. EU Enforcement Directive: idea, objectives and scope of …” „… application I. Brief review on the adoption of the Directive Overview of the genesis of the Enforcement …” „… Directive, its objectives in view of other international standards in the field of the enforcement of IP …”

Bibliography S. 231-240

„… (France) (conference material)) BSA Comments on the EU Draft Enforcement Directive: BSA Comments on the …” „… EU Draft Enforcement Directive, May 2003, at http://w3.bsa.org/eupolicy/upload/BSA-Comments-on-the …” „… - EU-Draft-Enforcement-Directive.pdf (cited: BSA Comments on the EU Draft Enforcement Directive (May 2003)) BSA/IDC 2007 Global …”

Publication of judicial decisions in view of Article 15 of the Directive S. 210-211

„… 210 IV. Publication of judicial decisions in view of Article 15 of the Directive The provision …” „… regarding publication of judicial decisions, as set out in Article 15 of the Enforcement Directive884, has …” „… Latvian and Estonian CCPs. By implementing Article 15 of the Directive, Lithuania has opted for …”

Right of information under the national legislation in view of Article 8 of the Directive S. 168-172

„… and Damage Awards, pp. 129-130. 700 See examination of Art. 8 of the Enforcement Directive in supra …” „… the national legislation in view of Article 8 of the Directive 1. Scope and content of requested …” „… harmonized by Article 8(1) of the Enforcement Directive700, similarly pertains to such aims. This harmonized …”

Concluding remarks S. 118-119

„… Directive, the Lithuanian legislator amended and specified provisions on damages, especially what concerns …” „… . Concluding remarks Considering the duration of the implementation of the Enforcement Directive by the …” „… observations can be made. First, the rapid implementation of the Directive in the Baltic countries …”

Border measures under the EC Regulation 1383/2003 S. 222-225

„… not material damage in its strict sense924. The consultation by the Supreme Court partly reflected …” „… reason why IP right holders did not submit requests for adjudication of pecuniary damage in criminal …” „… applied before the adoption of the Enforcement Directive in the Baltic countries as well as the EC …”

The scope of the application of the Enforcement Directive S. 126-134

„… 126 II. The scope of the application of the Enforcement Directive 1. Covered and excluded …” „… legal areas under Article 2 of the Directive a) Areas to which the Directive has no prejudice …” „… Following the examined provisions on the subject-matter of the Enforcement Directive under its Article 1 and …”

Further strengthening IP rights enforcement: incentives to innovate and create in the Baltics? S. 229-230

„… more favourable treatment of IP right holders instruments in view of the Directive, may make valuable …” „… should be embraced, especially where adjudication of damages is concerned. The same applies to customs …” „… evidence, as well as adjudication of damages) may allow IP right holders to enjoy their rights in more …”

Legal standing in civil proceedings (locus standi) S. 142-148

„… Directive Article 4 of the Enforcement Directive lists four categories of persons who can assert the right …” „… recognised as having a right to represent IP right holders. By virtue of the same article of the Directive …” „… defence bodies are concerned, as permitted by applicable law. The list provided in the Directive …”

Index S. 257-262

„… , 114, 115, 149, 214, 227 acquis communautaire 7, 19, 44, 46, 91, 249 actual damages (losses) 13, 195 …” „… bodies 11, 143, 147, 148, 165 Draft Enforcement Directive 9, 10, 83, 84, 85, 86, 87, 89, 91, 92, 94 …” „… Directive 8, 9, 10, 11, 12, 13, 14, 19, 21, 22, 23, 24, 25, 44, 45, 46, 52, 54, 60, 64, 67, 79, 83, 84 …”

Concluding remarks S. 107-108

„… provision in the Directive on the legal costs is laconic and comprises broad terms such as “reasonable and …” „… intentions for which the Enforcement Directive was welcomed, the legal context and the final wording of it …” „… Baltic countries. Such conclusion follows from the following observations. First, the Directive, which …”

Legal costs as an important procedural factor in view of Article 14 of the Directive S. 203-205

„… 203 II. Legal costs as an important procedural factor in view of Article 14 of the Directive …” „… factual aspects of the case. Article 14 of the Enforcement Directive is namely designed to harmonize …” „… priorto-Directive practice regarding legal costs which, as it can be presumed, differed from country to country. It …”

Structure of this study S. 25-28

„… analysis of the very provisions of the Enforcement Directive and their actual implementation and …” „… Directive – A First Statement, p. 534. 26 E.g., the courts competent to hear IPRs infringement cases and …” „… implementation of the provisions of the Enforcement Directive, especially those related to industrial property …”

The role of the government institutions responsible for IP rights enforcement S. 54-57

„… Questionnaire Regarding Implementation of the Enforcement Directive in Lithuania in 2005-2008. Answers by …” „… appropriate assessment of damages for the calculation of which the number of illegal products and their exact …” „… IP right holders were to calculate the damages that occurred on the basis of such statements as well …”

Concluding remarks S. 172-174

„… proportionality and protection of IP rights. Neither Article 8 and Article 9 of the Enforcement Directive nor …” „… Article 8 of the Copyright Directive provide an obligation for ISPs to report to IP right holders about …” „… implementation of the Directive in 2006 and it still is. More defined court practice on civil (ex parte) searches …”

Application of corrective and alternative measures S. 205-210

„… by Article 14 of the Directive, as the recommendations refer to many circumstances that are to be …” „… criteria are considered by the national courts860. However, given that the aims of the Directive focus on …” „… 10 of the Directive The implementing legislation of Lithuania, both national copyright law and laws …”

The period of substantial changes of IP rights protection (1990/1991 – 1994) S. 39-46

„… infringement, a copyright holder had a right to claim damages. As far as invention and rationalization rights …” „… then wording of law also reflected the key provisions of the EU directives which had been previously …” „… a result of the harmonization directives and other legal measures which were already in force by …”

The national judicial systems in view of IP rights enforcement S. 57-63

„… mentioned issue, the Supreme Court of Lithuania solved the inconsistent practice of calculating damages in …” „… Questionnaire Regarding Implementation of the Enforcement Directive in Lithuania in 2005-2008. Answers by …”

doi.org/10.5771/9783845226934

Stefan Lorenzmeier, Dorota Miler - The New Law

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Stefan Lorenzmeier (ed.), Dorota Miler (ed.)

The New Law

2018

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Kleoniki Pouikli Propositions towards a Potential Revision of Directive 2004/35/EC on Environmental Liability with Regard to the Prevention and Remedying of Environmental Damage (ELD) S. 199-208

„… illustration, it is essential to broaden its scope, since the Directive damages to air, flora and fauna that …” „… have happened but the damage is not yet ‘significant’, as demanded by the Directive’s threshold …” „… 199 Propositions towards a Potential Revision of Directive 2004/35/EC on Environmental Liability …”

Markus Kotowski Effective Supplementary Performance? S. 77-88

„… based on the “Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on …” „… contracts. According to this directive, the seller of a product is liable to the consumer for any lack of …” „… 21.03.2017). 2 Council Directive 99/44/EC, Art. 3, para. 1. 3 Council Directive 99/44/EC, Art. 3, para …”

Stefan Lorenzmeier, Dorota Miler Introduction to The New Law – Suggestions for Reforms and Improvements of Existing Legal Norms and Principles S. 13-24

„… Prescription of Delictual Claims for Damages in the Polish Civil Code, p. 47. Stefan Lorenzmeier, Dorota …” „… transposition, application and enforcement of Directive 2004/35/EC on Environmental Liability with Regard to the …” „… Prevention and Remedying of Environmental Damage and identifies a number of issues. She finds that the …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Prescription of Delictual Claims for Damages in the Polish Civil Code 47 Agata Krygier Principles of …” „… Revision of Directive 2004/35/EC on Environmental Liability with Regard to the Prevention and Remedying …” „… of Environmental Damage (ELD) 199 C. Solutions to International Problems 209 Son Tan Nguyen …”

Index S. 405-408

„… , 105–106, 106, 107, 107–108 Continuous compliance 343 Council Directive on Consumer Rights 2011/83/EU …” „… , 300 Damage 199, 201, 202, 203, 204, 205, 206 Debtor 131–139 Defence 48, 49, 50, 51, 53, 55 …” „… 81 ‘direct’ retroactivity 361 Directive 1999/44/EC 77 Disabilities 327, 330–339 Dispute …”

Katharina Fenkner Multilingualism and the Uniform Interpretation of European Union Law S. 141-156

„… lawyers is prone to errors and oversights. This can lead to corresponding damage claims and render …” „… citizens in cases of mistranslations similar to the already existing damage claims in European Union law …” „… . The presently existing claims against member states for not transposing a directive43 or violating …”

doi.org/10.5771/9783845283975

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European Company Case Law (ECCL)

Browse Volumes: European Company Case Law (ECCL)

ECCL Volume 1 (2023) Issue 1 ISSN Online: 2752-1788

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Iris M. Barsan Scope and private enforcement of corporate sustainability due diligence requirements – A comparative approach S. 31-54

„… laid down in this Directive and led to damage.”.110 Art. 22 § 2 of the Commission on Legal Affair’s …” „… 2023 by the adoption of a Corporate Sustainability Due Diligence Directive(CS3D).3 The latter, inspired …” „… doing business in the EU just beforethe entry into force of the directive.From a substantive point of …”

Beate Sjåfjell Corporate sustainability and due diligence S. 5-30

„… Corporate Sustainability Due Diligence Directive.Section E discusses briefly enforcement questions, while …” „… theproposed Corporate Sustainability Due Diligence Directive:The behaviour of companies across all sectors of …” „… . Operationalising sustainable valuecreation as the duty of the board . . . 144. The proposed Directive’s …”

Paolo Manzoni ECB supervision and national law. S. 105-114

„… the wording used in the national measure transposing a directive",whilst interpreter should have adopt …” „… pecu‐liar case of the Italian legislation imple‐menting Directive 59/2014 …” „… Directive 2013/36/EU of theEuropean Parliament and of the Council of 26 June 2013.1Consequently, the Bank …”

Mónica Fuentes, Javier Megías Sustainability in Spanish company law: State of the art and a special reference to the new SBIC (Sociedad de beneficio e interés común) S. 79-94

„… of the Proposal for a Directive onCorporate Sustainability Due Diligence . . 91A. The evolution of …” „… disclosure of non-financial and diversity informa‐tion (Directive 2014/95), on promoting long-term …” „… shareholder engagement (Directive2017/828), on corporate sustainability reporting (Directive 2022/2464), and …”

doi.org/10.5771/2752-177X-2023-1

Hans-W. Micklitz, Thomas Roethe - Produktsicherheit und Marktüberwachung im Ostseeraum

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Hans-W. Micklitz, Thomas Roethe

Produktsicherheit und Marktüberwachung im Ostseeraum

Series: Schriftenreihe des Instituts für Europäisches Wirtschafts- und Verbraucherrecht e.V.

Volume 26 2008

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Norwegen S. 149-171

„… conformity, it is not safe (cf. Art. 3 No. 4 of the Directive).Despite the assessment criteria in section 3b …” „… . 102 of the Agreement). Indeed, this was the case with the Product Safety Directives 92/59/EC and …” „… ” or “PCA”). No amendments were required by Directive 92/59/EC, but the Product Control Act was amended …”

Dänemark S. 65-79

„… safety directive, Directive 92/59/EC. Through Amendment Act 2003/1170 Directive 2001/95/EC (the Directive …” „… rules. Cf. Art. 1 subsection 2 of the Directive regarding product safety provisions in other EC …” „… directives. Further, the Act ensures a more comprehensive and efficient enforcement of the rules than it …”

Finnland S. 93-115

„… safety and possible liability for damages relating to it, heavily concentrate to the content of the …” „… subjected to new requirements, which originated from the Product Safety Directive 92/59/EEC, even though …” „… completely comply with the requirements of the Product Safety Directive in 1993. The harmonisation of the …”

Schweden S. 191-209

„… destruction of dangerous products and of penalty by way of fine.Because of the EC directive 2001/95/EU the act …” „… products (sections 15-19 of the PSA), take necessary measures to prevent damages and to cooperate with …” „… in the decision whether the authority is liable for damage caused to an entrepreneur when the …”

Litauen S. 131-149

„… to warn the public or to issue a public warning themselves. Different from Directive 2001/95/EC, the …” „… authorities for illegal action as well as for the failure to act. The damage occurred has to be causally …” „… linked with the action or the failure to act. Direct as well as indirect damages have to be compensated …”

Lettland S. 115-131

„… principles of Directive 2001/95/EC. It regulates the pre-market control of products and services as well as …” „… exists for the producer against the authority for compensation of damages due to an illegal public …”

doi.org/10.5771/9783845206943

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