Filter results

Results (4033)

Sort by:

Select all Select all

Page 1

Gordian N. Hasselblatt - Community Trade Mark Regulation

No access

Select

Gordian N. Hasselblatt (ed.)

Community Trade Mark Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

Persons who are entitled to bring an action for infringement S. 818-819

„… further details. Article 72 Persons who are entitled to bring an action for infringement 1. The provisions …” „… entitled to claim compensation on behalf of persons who have authority to use the mark where they have …” „… ) CTMR provides for an additional right of Persons entitled to bring an action for infringement Art. 72 …”

Persons entitled to appeal and to be parties to appeal proceedings S. 736-740

„… finally rejected. Article 59 Persons entitled to appeal and to be parties to appeal proceedings Any party …” „… ). Persons entitled to appeal Art. 59 CTMR Kim Parviainen 709 Reemers Publishing Services GmbH …” „… Case T-138/89 NBV and NVB v Commission [1992] ECR II-2181, para 33. Persons entitled to appeal Art. 59 …”

Professional representatives S. 951-956

„… entitled to represent natural or legal persons in trade mark matters before the central industrial property …” „… of natural or legal persons before the Office may only be undertaken by: (a) any legal practitioner …” „… that he is entitled, within the said State, to act as a representative in trade mark matters; (b …”

Community collective marks S. 797-812

„… owners of Community collective marks. 11It is not necessary that the persons entitled to use the …” „… case of umbrella organizations, the persons entitled to use the collective mark may be members of the …” „… contracts or accomplish other legal acts and to sue and be sued, as well as legal persons governed by public …”

Amendment of the regulations governing use of the mark S. 817-818

„… parties (para. 3) 3See Art. 69 mn. 1 for further details. Article 72 Persons who are entitled to bring an …” „… Community collective mark shall be entitled to claim compensation on behalf of persons who have authority to …” „… ) CTMR provides for an additional right of Persons entitled to bring an action for infringement Art. 72 …”

Effects vis-a`-vis third parties S. 532-540

„… : 160.00mm 240.00mm 2. Paragraph 1 shall not apply in the case of a person who acquires the Community …” „… . It on the one hand allows the entry of detailed information on both the persons holding rights in the …” „… fide third party. A person who has actual knowledge of existing prior rights at the time of concluding …”

General principles of representation S. 947-951

„… must be entitled to represent natural or legal persons in trade mark matters before the central …” „… representation 1. Subject to the provisions of paragraph 2, no person shall be compelled to be represented before …” „… the Office. 2. Without prejudice to paragraph 3, second sentence, natural or legal persons not having …”

Licensing S. 515-532

„… restricted to the situation that he is the only person entitled to use the respective CTM. 16 Whether a …” „… . 20 it is not the parties, but the authorities who are entitled to file such application. However, the …” „… purpose of obtaining compensation for damage suffered by him, be entitled to intervene in infringement …”

Transfer S. 482-497

„… has caused is not dependent on the person entitled. Further Art. 23 both from its systematic context …” „… the person registered as proprietor. Rec. 2, 7, 11 Bibliography: AIPPI, ‘Report on Q 85: Community …” „… governing legal persons in Art. 3 CTMR. 14 Of other opinion v. Kapff, in Ekey/Klippel (eds.), Markenrecht …”

Capacity to act S. 65-73

„… person. As such, it is entitled to own CTM rights and has the capacity to act before the Office and the …” „… other legal bodies shall be regarded as legal persons if, under the terms of the law governing them …” „… with Art. 5 according to which the proprietor of a CTM must be either a natural or a legal person …”

Transfer of a trade mark registered in the name of an agent S. 497-504

„… clarifies that the Office will discharge this duty by sending the respective notifications to the person who …” „… Where a Community trade mark is registered in the name of the agent or representative of a person who is …” „… entitled to demand the assignment in his favour of the said registration, unless such agent or …”

Measures under Enforcement Directive 2004/48/EC S. 1262-1274

„… . 10The persons who are entitled to benefit from the remedies and measures are primarily the holders of …” „… intellectual property rights, as well as all other persons entitled to use the rights, such as licensees and …” „… property rights, such as procedures to cancel an intellectual property right by persons who themselves own …”

Decisions subject to appeal S. 734-736

„… ) all appeals are finally rejected. Article 59 Persons entitled to appeal and to be parties to appeal …” „… ). Persons entitled to appeal Art. 59 CTMR Kim Parviainen 709 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Parties entitled to appeal …”

Relative grounds for invalidity S. 716-720

„… of personal portrayal 8Not all member states protect the right to a person’s name or portrayal. The …” „… regulation provides that the cancellation applicant must provide particulars showing that he/she in entitled …” „… be entitled on the basis of the earlier trade mark either to apply for a declaration that the later …”

Annex 1 DIRECTIVE 2008/95/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 1478-1488

„… mark shall confer on the proprietor exclusive rights therein. The proprietor shall be entitled to …” „… provide that the proprietor shall be entitled to prevent all third parties not having his consent from …” „… mark registered in that Member State while being aware of such use, he shall no longer be entitled on …”

Annex 4 Directive 2004/48/EC of the European Parliament and of the council S. 1542-1554

„… infringement. (18) The persons entitled to request application of those measures, procedures and remedies …” „… their abuse. Article 4 Persons entitled to apply for the application of the measures, procedures and …” „… remedies 1. Member States shall recognise as persons entitled to seek application of the measures …”

Latvia S. 1386-1395

„… involved persons (judges and specialized attorneys) and by conservative legal traditions. Some questions …” „… . Sending of cease and desist (C&D) letter 6 The law2 provides for CTM owner rights to warn a third person …” „… of the alleged infringement, if the owner of a trade mark has a reason to believe that this person is …”

Grounds for revocation S. 819-821

„… revocation applies when any person, whether entitled to use the collective mark or not1, uses the collective …” „… and legal person governed by public law who owns a Community collective mark. It is thereafter …” „… also to monitor use by third parties not entitled to use it. Such a system can include an obligation by …”

Examination of the conditions of filing S. 604-615

„… name and signature of a physical person entitled to represent before OHIM. 12ff) Classification/List of …” „… formal requirements includes the examination of whether the applicant is entitled to apply for a CTM …” „… pursuant to Artt. 3 and 5 CTMR. The application may be filed by any natural or legal person, including …”

Taking of evidence S. 846-860

„… compensation for loss of earnings and fees to which witnesses and experts are entitled. Pursuant to R 59 of the …” „… shall issue a summons to the person concerned to appear before it. 4. The parties shall be informed of …” „… external (events, states as examples) and internal facts (knowledge of a person or experience of a person …”

Application for revocation or for a declaration of invalidity S. 725-729

„… referred to in that provision or by the persons who are entitled under the law of the Member State …” „… legal person and any group or body set up for the purpose of representing the interests of manufacturers …” „… the capacity in its own name to sue and be sued; (b) where Article 53 (1) applies, by the persons …”

Means whereby a Community trade mark is obtained S. 90-96

„… Pursuant to Art. 29 (1), only those persons who have duly filed an application for a trade mark in, or in …” „… ) are entitled to a right of priority, subject to Art. 29 (4). Eisenfu¨hr/ Schennen assume in this …” „… to the person who has created or who uses the mark. Moreover, the ‘creator’ of the CTM, unlike the …”

Termination of financial obligations S. 900-903

„… individuals 2The Office is entitled to claim the following fees within four years from the end of the calendar …” „… without prejudice to the rights of the person making the payment.2 7If the Office fails to claim its fees …” „… by a reasoned and signed claim in writing by the entitled individual. 11 In case such a request or …”

United Kingdom S. 1470-1478

„… threat of trade mark infringement gives a ‘person aggrieved’ by the threat a right to sue the maker of …” „… is made if what is communicated is comprehended by an ordinary person in the position of the …” „… (including International Registrations designating the CTM) are entitled to the same remedies as UK national …”

Index S. 1598-1627

„… there – person entitled to appeal of to be parties to appeal proceedings see there – revision of …” „… – nature 66 5 – observations by third parties 69 1 et seq., 71 3 – persons entitled to bring action for …” „… . Person entitled to appeal or to be parties to appeal proceedings 59 1 et seq. – cross appeals 59 22 et …”

Luxembourg S. 1406-1413

„… President of the District Court may: – prevent the persons in possession of allegedly infringing goods …” „… entitled to charge under a licensing agreement. Moreover, the claimant may claim for the assignment of …” „… entitled to request the accounting documents of the infringer28. The Judge will reject such claim if the …”

Regulations governing use of the mark S. 812-814

„… prescribed. 2. The regulations governing use shall specify the persons authorized to use the mark, the …” „… any person whose goods or services originate in the geographical area concerned to become a member of …” „… stipulate the conditions under which the members of this association are entitled to use the collective mark …”

Filing of an international application S. 1181-1186

„… name of the person filing the international application and must have been made with the same Office.19 …” „… )(ii) MP. The right lies with the person in whose name the basic application or basic registration …” „… stands, provided that said person is a national of a Member State of the European Union, or is domiciled …”

Sanctions S. 1004-1010

„… what claims of the entitled person result from this. By contrast, Art. 9 (1) 1 establishes that a …” „… it is a provision in Title X of the CTMR entitled ‘Jurisdiction and Procedure in Legal Actions’. On …” „… the scope of protection of the Community trade mark – without the entitled party’s consent – and thus …”

Annex 2 COMMISSION REGULATION (EC) No 2868/95 S. 1488-1533

„… person who is entitled under the relevant national law to exercise an earlier right, a statement to that …” „… State in which he is domiciled or has his seat or an establishment. Names of natural persons shall be …” „… indicated by the persons family name and 1 OJ No L 11, 14.1.1994, p. 1. 2 OJ No L 349, 31.12.1994, p. 83 …”

Hungary S. 1361-1369

„… least one of the parties is a private person, moreover, if a request for a preliminary injunction had …” „… ‘unjustified threat’ causes specific financial harm, the person who suffered such harm can theoretically …” „… trademark is protected and that he is the owner of the trademark or the licensed user, and is entitled to …”

Consequences of revocation and invalidity S. 723-725

„… the owners of the earlier rights referred to in that provision or by the persons who are entitled …” „… Articles 51 and 52 apply, by any natural or legal person and any group or body set up for the purpose of …” „… Article 53 (1) applies, by the persons referred to in Article 4 (1); (c) where Article 53 (2) applies, by …”

Privileges and immunities S. 1075-1079

„… Agreement). OHIM staff and their family members are entitled to a card of accreditation which will exempt …” „… members of OHIM’s Administrative Board and Budget Commission are entitled to the customary privileges …” „… called upon to facilitate the travel of these persons to the extent legally possible, in particular by …”

International jurisdiction S. 972-981

„… ) provides, to the benefit of the proprietor of the mark, that the proprietor is entitled to ‘reasonable …” „… . 94 (1) permits recourse to Reg. 1215/2012 in this respect. 7 For natural persons, the courts apply …” „… outsider, a business partner is often unable to recognise who is actually entitled to direct and supervise …”

Presumption of validity – Defence as to the merits S. 984-988

„… (1)(b), licensees and other persons entitled to assert these rights under applicable national law are …” „… to be considered entitled to submit the plea pursuant to Art. 99 (3), in addition to the proprietor …”

Applicable law S. 1000-1004

„… what claims of the entitled person result from this. By contrast, Art. 9 (1) 1 establishes that a …” „… it is a provision in Title X of the CTMR entitled ‘Jurisdiction and Procedure in Legal Actions’. On …”

Denmark S. 1319-1328

„… right claimed by the plaintiff does not exist or there is no infringement, the defendant is entitled to …” „… and compensation claims 66In Denmark, any person or legal entity which intentionally or negligently …” „… . If a person or legal entity intentionally or with gross negligence infringes a trade mark right, they …”

Italy S. 1376-1386

„… an act of unfair competition. The victim of a defamatory statement is entitled to sue the other party …” „… , this procedure is less effective. 28d) Factual evidence. Witnesses have to be heard in person. The …” „… proprietor of an infringed industrial property right is entitled to request damages from the infringing party …”

Slovakia S. 1442-1450

„… compensate the harm caused by the preliminary injunction. The court is also entitled to suspend the …” „… be issued against any person that has the evidence in its possession, thus it may be also a person …” „… amount of caused harm, the license analogy may be used and the right-holders are entitled to claim from …”

Insolvency proceedings S. 511-515

„… or has been authorised respectively. In the case of a company or legal person, the place of the …” „… entitled to terminate the licence in a CTM.5 As long as there is no uniform rule6 on this issue in the …” „… . Differing from Art. 20 it is not the parties, but the authorities who are entitled to file such application …”

Persons who can be proprietors of Community trade marks S. 86-90

„… , the Board misperceived the nature and characteristics of the mark at issue80. Article 5 Persons who …” „… can be proprietors of Community trade marks Any natural or legal person, including authorities …” „… bodies are to be regarded as legal persons if, under the terms of the law 79 GC Case T-293/10 Seven Towns …”

Estonia S. 1328-1333

„… , Community Trademarks are entitled to the same legal frame as national trademarks registered in Estonia or …” „… ). All trademark infringement cases against a natural person can be filed with the court of his or her …” „… residence and an action against a legal person can be filed with the court of its seat. There is no …”

Prohibition on the use of a Community trade mark registered in the name of an agent or representative S. 406-407

„… trade mark is registered in the name of the agent or representative of a person who is the proprietor of …” „… that trade mark, without the proprietor’s authorisation, the latter shall be entitled to oppose the use …”

Signs of which a Community trade mark may consist S. 73-86

„… entitled to prevent its competitors from marketing vacuum cleaners having any kind of transparent …” „… scope of the signs registered as trade marks19. The register must be intelligible to those persons …” „… ‘reasonably observant person has to make particularly high intellectual efforts to perceive what the movement …”

Surrender S. 693-697

„… of some or all of the goods or services 1 The proprietor of a Community trade mark is entitled to …” „… natural persons shall be indicated by the person’s family name and given name(s). Names of legal entities …” „… for non-use; however, no person may claim that the proprietor’s rights in a Community trade 8 BoA Dec …”

Reproduction of Community trade marks in dictionaries S. 405-406

„… trade mark is registered in the name of the agent or representative of a person who is the proprietor of …” „… that trade mark, without the proprietor’s authorisation, the latter shall be entitled to oppose the use …”

Costs S. 903-923

„… by a reasoned and signed claim in writing by the entitled individual. 11 In case such a request or …” „… the person concerned. 16 Where the outstanding claim is only minimal or where such recovery is too …” „… subsistence costs outside oral proceedings or the presentation of evidence in person – are not common in …”

Titelei/Inhaltsverzeichnis S. 1-27

„… ........................................................................................ 707 Article 59 Persons entitled to appeal and to be parties to appeal proceedings …” „… ......................................... 790 Article 72 Persons who are entitled to bring an action for infringement …” „… ................................................ 46 Article 5 Persons who can be proprietors of Community trade marks …”

Renewal S. 681-688

„… renewed at the request of the proprietor of the trade mark or any person expressly authorised by him …” „… mark, and any person having a registered right in respect of the Community trade mark, of the expiry of …” „… notification of the requirement to renew a CTM to the proprietor of the CTM or to any person having a …”

Exclusion and objection S. 1145-1148

„… therefore also be raised by anyone, the parties, the Board, or a third person, without their having to …” „… legitimate interest to act in the proceedings and is entitled to due process of law in respect of said …”

Romania S. 1434-1442

„… being within the ‘urgency’ non-written norm, especially when the claimant is a foreign juridical person …” „… any other person using the right having his consent adduces trustworthy evidence that his IP rights …” „… guarantee is returned to the person who paid it, unless the adverse party files its request for damages …”

Withdrawal, restriction and amendment of the application S. 667-671

„… regulate three kinds of voluntary modifications that the applicant is entitled to make in respect to the …” „… by the Napoleonic Code, according to which1 ‘private persons have the free disposition of the …”

Exhaustion of the rights conferred by a Community trade mark S. 423-438

„… by a person having no economic link to the proprietor of the trade mark and without his express …” „… to insert a new Art. 9 (5) CTMR:53 ‘The proprietor of a European trade mark shall also be entitled to …” „… date has been altered. The trade mark proprietor is entitled to oppose such a change since this affects …”

Oral proceedings S. 842-846

„… witnesses and experts are entitled. Pursuant to R 59 of the Implementing Regulation. The costs of …” „… party, witness or expert to give evidence orally, it shall issue a summons to the person concerned to …”

Cyprus S. 1305-1311

„… applicant or his lawyers, consider as such. It is also important that a person seeking the issue of an ex …” „… claimant is entitled to a relief; The threshold to be satisfied under this requirement is not very high …”

Actions before the Court of Justice S. 757-797

„… becomes entitled to commence or continue proceedings before the GC. 34a) Universal succession. In case of …” „… a universal succession, where after the death of a natural person or the dissolution of a legal …” „… person all the rights and obligations of the former owner are conferred upon a new owner, the new trade …”

Form and contents of the international application S. 1186-1196

„… that not every proprietor of a Community trade mark registration or application is entitled to file an …” „… establishment in the European Union is not entitled to apply for an international registration of that mark …” „… restriction of the holder’s right of disposal is filed through OHIM by a person other than the (registered …”

Use of Community trade marks S. 439-465

„… , nobody shall be entitled to enforce rights in a Community trade mark which has not been genuinely used at …” „… of expression of third parties. For instance, a chocolate producer is not entitled to invoke its …” „… or any other third person. Whereas the substantive law on genuine use strikes a low threshold for the …”

Relative grounds for refusal S. 225-322

Opposition S. 637-657

„… proprietors of earlier marks or signs referred to in Art. 8 (4) and by persons authorised under the relevant …” „… both entitled to oppose if authorised by the licensor, and in that this differs from the provision of …” „… ) Indication of the opponent. The opponent can either be a natural or legal person and has to be indicated by …”

Examination as to absolute grounds for refusal S. 615-631

„… allows, following the publication of a CTM, any natural or legal person and any group or body …” „… fact that the applicant is the only person offering the goods and services which the mark describes is …” „… entitled to request a disclaimer if – an element of the mark is concerned, – which is not distinctive, and …”

Request for the application of national procedure S. 1047-1060

„… and services listed in the said registration, the person who was the holder of the international …” „… the absence of a revocation decision, he basically would be entitled to pursue conversion for all …”

Rights conferred by a Community trade mark S. 322-405

„… proprietor shall be entitled to prevent all third parties not having his consent from using in the course of …” „… Art. 72 (1), any person who has authority to use a Community collective mark can bring an action for …” „… while being aware of such use, he is no longer entitled on the basis of the earlier trade mark either to …”

Absolute grounds for refusal S. 96-225

„… administration must, however, be consistent with legality. As a consequence, a person who files a CTM application …”

doi.org/10.5771/9783845258904

Gordian N. Hasselblatt - Community Design Regulation

No access

Select

Gordian N. Hasselblatt (ed.)

Community Design Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Persons entitled to appeal and to be parties to appeal proceedings S. 448-449

„… Article 56 Persons entitled to appeal and to be parties to appeal proceedings Any party to proceedings …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I. General 1 Art. 56 corresponds to Art. 67 EUTMR. It sets out who is entitled to file an appeal …”

Exhibition priority S. 391-396

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Disclosing person/subsequent applicant …” „… at the exhibition within the meaning of Art. 7 (1).7 3. Disclosing person/subsequent applicant 6Like …” „… in Art. 41, any person comes into consideration as a disclosing person within the framework of Art …”

Professional representation S. 517-523

„… only be entitled to represent third persons in proceedings on design matters before the Office. 3. The …” „… employment in the Community; (c) he must be entitled to represent natural or legal persons in design matters …” „… pursuant to Art. 120 EUTMR. 14 Although these persons are not legal practitioners, they are also entitled …”

Claims relating to the entitlement to a Community design S. 206-209

„… has been applied for or registered in the name of, a person who is not entitled to it under Article 14 …” „… , the person entitled to it under that provision may, without prejudice to any other remedy which may be …” „… person is jointly entitled to a Community design, that person may, in accordance with paragraph 1, claim …”

Extent of jurisdiction on infringement S. 550-552

„… solely by the person entitled under those provisions. 3. If the counterclaim is brought in a legal action …” „… the persons referred to there. The restrictions in the person entitled to bring an action or …” „… even if such person has the consent of the persons entitled under Art. 25 (1)(c) Title IX. Jurisdiction …”

Right to the Community design S. 203-206

„… has been applied for or registered in the name of, a person who is not entitled to it under Article 14 …” „… , the person entitled to it under that provision may, without prejudice to any other remedy which may be …” „… person is jointly entitled to a Community design, that person may, in accordance with paragraph 1, claim …”

Rights of prior use in respect of a registered Community design S. 250-261

„… design 1. A right of prior use shall exist for any third person who can establish that before the date of …” „… been copied from the latter. 2. The right of prior use shall entitle the third person to exploit the …” „… of prior use shall not extend to granting a licence to another person to exploit the design. 4. The …”

Action or counterclaim for a declaration of invalidity of a Community design S. 552-555

„… solely by the person entitled under those provisions. 3. If the counterclaim is brought in a legal action …” „… the persons referred to there. The restrictions in the person entitled to bring an action or …” „… even if such person has the consent of the persons entitled under Art. 25 (1)(c) Title IX. Jurisdiction …”

Effects of a judgment on entitlement to a registered Community design S. 209-210

„… the person entitled. 2. If, before the institution of the legal proceedings under Article 15 (1) has …” „… person in whose name the application is filed, shall be deemed to be the person entitled in any …” „… The person in whose name the registered Community design is registered or, prior to registration, the …”

Right of the designer to be cited S. 210-211

„… person in whose name the application is filed, shall be deemed to be the person entitled in any …” „… The person in whose name the registered Community design is registered or, prior to registration, the …” „… , 2012. 1 Art. 17 provides a presumption of entitlement in favour of the person in whose name the CD is …”

Grounds for invalidity S. 265-280

„… ) may be invoked solely by the person who is entitled to the Community design under Article 14. 3. The …” „… solely by the person who is entitled to the CD. Insofar as RCDs are concerned, the rightful owner will …” „… an UCD is the person who is also entitled to the UCD. This means that where a court decision in …”

General principles of representation S. 512-517

„… referred to in paragraph 1(c) shall only be entitled to represent third persons in proceedings on design …” „… principles of representation 1. Subject to paragraph 2, no person shall be compelled to be represented before …” „… the Office. 2. Without prejudice to the second subparagraph of paragraph 3, natural or legal persons …”

Presumption in favour of the registered holder of the design S. 210

„… person in whose name the application is filed, shall be deemed to be the person entitled in any …” „… The person in whose name the registered Community design is registered or, prior to registration, the …” „… , 2012. 1 Art. 17 provides a presumption of entitlement in favour of the person in whose name the CD is …”

Decisions subject to appeal S. 445-448

„… contested decision does not take effect.16 Article 56 Persons entitled to appeal and to be parties to appeal …” „… legal effects of such a kind as to affect a person’s interests by bringing about a distinct change in …” „… depends solely on its substance and not on its form. For example, a letter entitled ‘notification of the …”

Licensing S. 325-338

„… . 24 CDIR shall be cancelled, respectively modified, upon application by one of the persons concerned …” „… the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in an …” „… defined as a licence which excludes any person other than the licensee, even the proprietor himself, from …”

Taking of evidence S. 478-484

„… the person concerned to appear before it. 4. The parties shall be informed of the hearing of a witness …” „… person at the EUIPO’s offices are rarely, if ever, used. This is ‘oral evidence’, that is, evidence …” „… submitted by any of the aforementioned persons in oral proceedings at the EUIPO. This is more in the nature …”

United Kingdom S. 909-919

„… 12.10.2018 11:12:05 3B2 9.1.580; Page size: 160.00mm 240.00mm threat of RCD infringement gives a person …” „… provides that a communication contains a “threat of infringement proceedings” if a reasonable person in the …” „… position of a recipient would understand from the communication that— (a) an RCD exists, and (b) a person …”

Annex 2 Commission Regulation (EC) No 2245/2002 S. 926-957

„… or in which it has its seat or establishment. Names of natural persons shall take the form of the …” „… before expiry of the registration, the Office shall inform the holder, and any person having a right …” „… application is filed by a person expressly authorised to do so by the holder, the name and address of that …”

Right of priority S. 377-386

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 III. Person entitled to claim priority …” „… application). III. Person entitled to claim priority 13 Unlike, for example, Art. 2 of the Paris Convention …” „… person who has duly filed an application for a design right or for a utility model in or for any State …”

Commencement and term of protection of the unregistered Community design S. 194-199

„… the UCD was disclosed or even registered by a person who is not entitled to it within the meaning of …” „… been disclosed to a third person under explicit or implicit conditions of confidentiality. Rc. 16, 17 …” „… specialised’ within the meaning of Art. 11 (2) are not limited to persons involved in creating designs and …”

Transfer of the registered Community design S. 289-301

„… (see mn. 56–57 below). 3. Proof of transfer 29 The requirements concerning the person entitled to file …” „… be addressed by the Office to the person registered as holder or his representative, if one has been …” „… . Where the name or the corporate status of a legal person changes, the criterion to distinguish a …”

Annex 5 GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) REGISTERED COMMUNITY DESIGNS S. 1019-1053

„… Article 14 CDR. This ground may be invoked solely by the person who is entitled to the Community design …” „… person under explicit or implicit conditions of confidentiality …” „… inadmissible (Article 30(1) CDIR). 3.5 Locus standi of the applicant Any natural or legal person, as well as a …”

Insolvency proceedings S. 317-325

„… administrator remains the sole person entitled to have disposal over the CD, §§ 80, 81 German Insolvency Act …” „… ,31 the latter being the person or body whose function is to inter alia, administer or liquidate …” „… the case of a company or legal person, be presumed to be the centre of its main interest in the …”

Jurisdiction over infringement and validity S. 536-542

„… Community design brought on the basis of Art. 15 (1) CDR against a person not entitled to it in accordance …” „… to position itself on the matter of the infringement and it is entitled to bring the action only …” „… declaration for noninfringement under Art. 84 (4) CDR was not entitled to argue that the design was narrower …”

Latvia S. 813-821

„… providing a right to each person to bring court action for the retraction of information that injures his or …” „… checks whether granting of injunction has any impact on consumers’ rights or any third person’s rights or …” „… , who is entitled to submit his commentaries in reply within the same time period; however, it is not …”

Spain S. 897-904

„… Constitutional Court dated 21 July 2016. If the person bringing the legal proceedings is a company, it must pay a …” „… Adoption of the measures is ordinarily subject to a hearing where both parties are entitled to submit their …” „… is entitled to one percent of the turnover made by the infringer with the infringing products. C …”

Application for a declaration of invalidity S. 419-428

„… to Article 25(2), (3), (4) and (5), any natural or legal person, as well as a public authority …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Any natural or legal person …” „… Design Department. An invalidity application can be filed by any natural or legal person, although this …”

Annex 1 DIRECTIVE 98/71/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL S. 919-926

„… . The ground provided for in paragraph 1(c) may be invoked solely by the person who is entitled to the …” „… public for the sole reason that it has been disclosed to a third person under explicit or implicit …” „… third person as a result of information provided or action taken by the designer, or his successor in …”

Slovakia S. 880-888

„… the preliminary injunction. The court is also entitled to suspend the enforceability of the …” „… case of the actual main court proceeding. The evidence securing order may be issued against any person …” „… that has the evidence in its possession, thus it may be also a person different from the defendant …”

Judgements of invalidity S. 565-570

„… of third parties. They warrant that the EUIPO and other Community design courts as well as persons …” „… , however, whether only the parties of the proceedings or any third party is entitled to file said request …” „… appears to make more sense to have any third party being entitled to file such request. Since Art. 86 is …”

Exhaustion of rights S. 231-250

„… In contrast, the putting on the market by a person which is entitled only according to Art. 14 but …” „… actions of persons bound by the direct instructions of the right holder, such as employees, have to be …” „… , the right holder is not entitled to prevent the circulation of such products as long as the …”

Denmark S. 743-751

„… no infringement, the defendant is entitled to compensatory damages and compensation. 5. Possibility …” „… should have prejudicial effect. 4. Damage and compensation claims 63 Any physical person or legal entity …” „… infringing turnover. 67 Furthermore, design infringement may involve criminal sanctions. If a person or legal …”

Declaration of invalidity S. 261-265

„… including private individuals if they, by way of exception, as persons vested with public authority, carry …” „… respect to the requirements under which a party is entitled to file an invalidity application. The only …” „… virtue of a court decision, the right holder is not entitled to the Community design under Article 14; (d …”

Hungary S. 787-796

„… financial harm, the person who suffered such harm can theoretically request damages on the basis of the …” „… the owner of the design or the licensed user, and is entitled to file for court proceedings due to …” „… design owner is entitled the request the remedies available in the main proceedings and, additionally, (1 …”

Estonia S. 751-756

„… . Nevertheless, CD are entitled to the same legal frame as national industrial designs registered in Estonia and …” „… a natural person can be filed with the court of his or her residence and an action against a legal …” „… person can be filed with the court of its seat. There is no possibility to choose in which court an …”

Rights conferred by the Community design S. 211-225

„… entitled to be cited as such before the Office and in the register. The Regulation does not recognise moral …” „… earlier RCD is accused of infringing a later CD, he is entitled to defend himself by relying on his right …” „… existence of a RCD, of its duration and of the person holding it can easily be searched, this is not the …”

Cyprus S. 730-736

„… constitute contempt of court. In the event of non compliance with the terms of a court order, the person in …” „… decide and not for the applicant or his lawyers. It is also important that a person seeking the issue of …” „… ’ that the plaintiff is entitled to a relief; The threshold to be satisfied under this requirement is not …”

Italy S. 803-813

„… competitor may constitute an act of unfair competition. The victim of a defamatory statement is entitled to …” „… . Witnesses have to be heard in person. The questions, drafted by the interested parties, in a precise and …” „… the final pleadings. 3. Remedies 31 Any holder of an infringed industrial property right is entitled …”

Romania S. 872-880

„… when the claimant is a foreign juridical person. 17 In respect to the irreparable harm, the claimant …” „… force of the new CCivP in February 2013. 27If the owner of the IP right or any other person using the …” „… decision is given, the guarantee is returned to the person who paid it, unless the adverse party files its …”

Parallel actions on the basis of Community designs and national design rights S. 606-617

„… rationale of this pragmatic approach is that the EU naturally is not entitled to abandon national IPRs, but …” „… provisions of both protection schemes literally, the right holder would be entitled to the same remedies …” „… the meantime is transferred to another person or there is a case of succession on the side of the …”

International jurisdiction S. 542-550

„… respect to legal persons, however, Art. 63 of the Brussels (Recast) Regulation does contain the criteria …” „… to be followed to determine the domicile of a legal person, and it sets forth that they shall have …” „… : ‘Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued …”

Application of the Convention on Jurisdiction and Enforcement S. 523-531

„… Regulation; (c) the provisions of Title II of that Convention which are applicable to persons domiciled in a …” „… Member State shall also be applicable to persons who do not have a domicile in any Member State but have …” „… declared that for purposes of establishing whether two persons must be considered as being the same party …”

Rights in rem on a registered Community design S. 301-311

„… unable to repay the debt, the creditor is entitled to liquidate its collateral, the RCD.1 2 In order to …” „… right in personam that is directed towards a particular person and not an object, a right in rem can be …” „… persons generally, i. e. on every person or on every person except certain determinate persons.16 A right …”

Measures under Enforcement Directive 2004/48/EC of 29 April 2004 S. 689-699

„… the protection of confidential information is warranted.’] . 9 ‘…any other person …” „… infringing activities12 or (d) according to information by one of the persons mentioned in (a) – (c) were …” „… which the person named in Art. 8 (1) was forced to admit to its participation or the participation of …”

Presumption of validity – defence as to the merits S. 555-565

„… rights to which he is entitled (Art. 25 (1)(d)). In the cases pursuant to Art. 90 (1), the Community …” „… invalidity.21 However, the EU trade mark court is entitled to dismiss the action for infringement already …” „… , to his licensee or any other person appearing with the procedural authority of the right holder to …”

Index S. 1071-1092

„… 4 et seq. – persons entitled to appeal 56 2 et seq. – time limit and form of appealsee Appeal – Time …” „… prioritysee there – person entitled to claim priority 41 13 et seq. – place of previous application 41 9 et …” „… – confidentiality 7 29 – declaration of priority 44 10 – disclosing person 44 6 – exhibition and use in trade 4 no …”

Restitutio in integrum S. 486-493

„… , actions of the person who acts on behalf of the proprietor must be regarded as being the proprietor’s …” „… property rights to a professional representative and has duly notified the EUIPO of this fact is entitled …”

Designs dictated by their technical function and designs of interconnections S. 138-163

„… Community design would not fall under Art. 7 (3). Nevertheless, since a person performing abusive disclosure …” „… . http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:1993:0342:FIN:EN:PDF (last visited 20 June 2018). That Art. 9 was entitled ‘Non-arbitrary …” „… ) should directly refer to it and substantiate it.26 Otherwise OHIM is not entitled to choose Art. 8 CDR …”

Community design S. 1-25

„… person who can establish that he has in good faith commenced use even for commercial purposes within the …” „… entitled to a limited exploitation of that design. (24) It is a fundamental objective of this Regulation …” „… (a person cannot copy your design) or do you need patent-type protection (which prevents the use of a …”

Annex 4 GUIDELINES FOR EXAMINATION OF REGISTERED COMMUNITY DESIGNS EUROPEAN UNION INTELLECTUAL PROPERTY OFFICE (EUIPO) S. 962-1019

„… natural persons or the corporate name of legal entities, and that an address for service be indicated or …” „… as sufficiently obscene or offensive from the perspective of a reasonable person of normal …” „… responsibility. The Office is not entitled to remedy any deficiencies in respect of incongruent views once the …”

Titelei/Inhaltsverzeichnis

„… ........................................................................................ 445 Article 56 Persons entitled to appeal and to be parties to appeal proceedings …”

Novelty S. 73-88

„… person whose judgment should be decisive for the assessment of the novelty of a design in the context of …” „… persons under explicit or implicit conditions of confidentiality,61 abusive disclosures62 and disclosures …” „… hubcaps in a rather prominent fashion. As the vendor of replica rims would not be entitled to use the …”

Table of Cases S. 1053-1071

„… 4 et seq. – persons entitled to appeal 56 2 et seq. – time limit and form of appealsee Appeal – Time …”

Conditions with which applications must comply S. 351-371

„… application documents must identify the applicant, who can generally be anybody, i. e. any natural person or …” „… to obtain a filing date, the EUIPO considers it sufficient that the applicant, if a natural person …” „… Co. v Reckit Benckiser (UK) Ltd. [2006] EWHC 3154 (Ch) mn, 48: ‘The registration holder is entitled …”

Relationship to other forms of protection under national law S. 617-642

„… against a person who has infringed a Community design right relating to the quality of the product, e. g …” „… intellectual patrimony of experienced persons in the field.155 With two recent decisions156 the Italian Supreme …” „… achievable by a similar person undertaking a similar task; in other words, when the work does not differ from …”

doi.org/10.5771/9783845296111

No access

Select

Gordian N. Hasselblatt (ed.)

Community Design Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

Persons entitled to appeal and to be parties to appeal proceedings S. 419-420

„… terminated.13 Article 56 Persons entitled to appeal and to be parties to appeal proceedings Any party to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 I. General 1 Art. 56 corresponds to Art. 59 CTMR. It sets out who is entitled to file an appeal …”

Exhibition priority S. 365-370

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Disclosing person/subsequent applicant …” „… person/subsequent applicant 6 Like in Art. 41, any person comes into consideration as a disclosing person within the …” „… entitled to a right of exhibition priority.8 Besides, like in Art. 41 (1), also the successor in title of …”

Professional representation S. 484-490

„… referred to in paragraph 1(c) shall only be entitled to represent third persons in proceedings on design …” „… pursuant to Art. 93 CTMR. 13 Although these persons are not legal practitioners, they are also entitled to …” „… legal persons in proceedings before the Office under this Regulation may only be undertaken by: (a) any …”

Claims relating to the entitlement to a Community Design S. 187-190

„… registered in the name of, a person who is not entitled to it under Article 14, the person entitled to it …” „… become recognised as the legitimate holder of the Community design. 2. Where a person is jointly entitled …” „… . This provision shall not apply if the person who is not entitled to the Community design was acting in …”

Right to the Community design S. 184-187

„… , a person who is not entitled to it under Article 14, the person entitled to it under that provision …” „… legitimate holder of the Community design. 2. Where a person is jointly entitled to a Community design, that …” „… apply if the person who is not entitled to the Community design was acting in bad faith at the time when …”

Effects of a judgment on entitlement to a registered Community design S. 190-191

„… in the register of the person entitled. 2. If, before the institution of the legal proceedings under …” „… person entitled in any proceedings before the Office as well as in any other proceedings. Bibliography …” „… registered holder of the design The person in whose name the registered Community design is registered or …”

Rights of prior use in respect of a registered Community design S. 229-239

„… design 1. A right of prior use shall exist for any third person who can establish that before the date of …” „… been copied from the latter. 2. The right of prior use shall entitle the third person to exploit the …” „… of prior use shall not extend to granting a licence to another person to exploit the design. 152 Ruhl …”

Presumption in favour of the registered holder of the design S. 191

„… in whose name the application is filed, shall be deemed to be the person entitled in any proceedings …” „… person in whose name the registered Community design is registered or, prior to registration, the person …” „… provides a presumption of entitlement in favour of the person in whose name the CD is registered, or prior …”

Action or counterclaim for a declaration of invalidity of a Community design S. 517-520

„… or the counterclaim may be brought solely by the person entitled under those provisions. 3. If the …” „… the persons referred to there. The restrictions in the person entitled to bring an action or …” „… 240.00mm 3Art. 84 (2), however, cannot be understood as meaning that third persons are not entitled to …”

Right of the designer to be cited S. 191-192

„… in whose name the application is filed, shall be deemed to be the person entitled in any proceedings …” „… person in whose name the registered Community design is registered or, prior to registration, the person …” „… provides a presumption of entitlement in favour of the person in whose name the CD is registered, or prior …”

Extent of jurisdiction on infringement S. 515-517

„… may be brought solely by the person entitled under those provisions. 3. If the counterclaim is brought …” „… the persons referred to there. The restrictions in the person entitled to bring an action or …” „… ), or by prorogation (express agreement, or tacit submission). Those courts will be entitled to hear and …”

Grounds for invalidity S. 244-259

„… . The ground provided for in paragraph (1)(c) may be invoked solely by the person who is entitled to the …” „… solely by the person who is entitled to the CD. Insofar as RCDs are concerned, the rightful owner will …” „… an UCD is the person who is also entitled to the UCD. This means that where a court decision in …”

Decisions subject to appeal S. 416-419

„… appeal proceedings are terminated.13 Article 56 Persons entitled to appeal and to be parties to appeal …” „… person’s interests by bringing about a distinct change in his legal position is considered a decision1, e …” „… example, a letter entitled ‘notification of the registration of the Community design’ was regarded as a …”

Taking of evidence S. 447-452

„… necessary for a party, witness or expert to give evidence orally, it shall issue a summons to the person …” „… , witnesses and experts 4The possibility of hearing the parties, witnesses or experts in person at OHIM’s …” „… aforementioned persons in oral proceedings at OHIM. This is more in the nature of a theoretical option rather …”

Licensing S. 302-315

„… be cancelled, respectively modified, upon application by one of the persons concerned, Art. 26 (1 …” „… shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in …” „… licences may be defined as a licence which excludes any person other than the licensee, even the proprietor …”

Transfer of the registered Community design S. 268-278

„… ). 3. Proof of transfer 28The requirements concerning the person entitled to file the application and …” „… of the registered Community design shall be addressed by the Office to the person registered as …” „… or the corporate status of a legal person changes, the criterion to distinguish a transfer from a …”

Right of priority S. 352-360

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 III. Person entitled to claim priority …” „… . g., claiming the priority of a US design application). III. Person entitled to claim priority 13 …” „… priority 1. A person who has duly filed an application for a design right or for a utility model in or for …”

United Kingdom S. 857-866

„… threat of trade mark infringement gives a ‘person aggrieved’ by the threat a right to sue the maker of …” „… an ordinary person in the position of the recipient as constituting a threat of infringement …” „… cases. 3. Remedies 31 RCDs (including International Registrations designating the RCD) are entitled to …”

Annex 2 COMMISSION REGULATION (EC) No 2245/2002 (Implementing Regulation) S. 873-906

„… person or by persons duly entitled pursuant to Article 25(2) of that Regulation. 2. The application shall …” „… or in which it has its seat or establishment. Names of natural persons shall take the form of the …” „… person having a right entered in the Register, including a licence, in respect of the Community design …”

Annex 5 GUIDELINES FOR EXAMINATION IN THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) ON REGISTERED COMMUNITY DESIGNS S. 964-993

„… or affirmed (affidavits) 5.5.1.6. Insufficient disclosure 5.5.1.7. Disclosure to a third person under …” „… inadmissible (Article 30(1) CDIR). 3.5. Locus Standi of the applicant Any natural or legal person, as well as a …” „… entitled to the earlier right or to be concerned by the use of the official emblem, as the case may be …”

Latvia S. 766-774

„… granting of injunction has any impact on consumers’ rights or any third person’s rights or obligations …” „… the plaintiff, who is entitled to submit his commentaries in reply within the same time period …” „… complex cases. 3. Information claims 25 The plaintiff in the case is entitled to require9 the court to …”

Application for a declaration of invalidity S. 392-400

„… (5), any natural or legal person, as well as a public authority empowered to do so, may submit to the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1. Any natural or legal person …” „… invalidity application can be filed by any natural or legal person, although this is subject to various …”

Annex 1 Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs (Design Harmonisation Directive) S. 866-873

„… disclosed to a third person under explicit or implicit conditions of confidentiality. 2. A disclosure shall …” „… : (a) by the designer, his successor in title, or a third person as a result of information provided or …” „… for or the holder of the design right is not entitled to it under the law of the Member State …”

Insolvency proceedings S. 294-302

„… sole person entitled to have disposal over the CD, §§ 80, 81 German Insolvency Act. Thus, only the …” „… under Art. 24 CDIR shall be cancelled, respectively modified, upon application by one of the persons …” „… liquidator,31 the latter being the person or body whose function is to administer or liquidate assets of …”

Luxembourg S. 785-792

„… President of the District Court may: – prevent the persons in possession of allegedly infringing goods …” „… compensation shall be assessed on the basis of royalties the CD right holder would be entitled to charge under …” „… defendant following the infringing use of the CD. In this context, the claimant is entitled to request for …”

Hungary S. 741-750

„… parties is a private person, 1 According to the practice of the court of first instance the official duty …” „… person who suffered such harm can theoretically request damages on the basis of the general rules7 of CC8 …” „… is protected and that he is the owner of the design or the licensed user, and is entitled to file for …”

Slovakia S. 828-836

„… also entitled to suspend the enforceability of the preliminary injunction until the deposit is actually …” „… . The evidence securing order may be issued against any person that has the evidence in its possession …” „… , thus it may be also a person different from the defendant. Also the extent of evidence that might be …”

Jurisdiction over infringement and validity S. 502-508

„… of a registered Community design brought on the basis of Art. 15 (1) CDR against a person not …” „… entitled to it in accordance with Art. 14 CDR), and the court competent to hear the case in accordance with …” „… position itself on the matter of the infringement and it is entitled to bring the action only thirty days …”

General principles of representation S. 480-484

„… principles of representation 1. Subject to paragraph 2, no person shall be compelled to be represented before …” „… the Office. 2. Without prejudice to the second subparagraph of paragraph 3, natural or legal persons …” „… exceptions. 3. Natural or legal persons having their domicile or principal place of business or a real and …”

Exhaustion of rights S. 211-229

„… . In contrast, the putting on the market by a person which is entitled only according to Art. 14 but …” „… persons bound by the direct instructions of the right holder, such as employees, have to be regarded as …” „… right holder is not entitled to prevent the circulation of such products as long as the prerequisites of …”

Denmark S. 699-708

„… is no infringement, the defendant is entitled to compensatory damages and compensation. B …” „… . 4. Damage and compensation claims 66Any physical person or legal entity which intentionally or …” „… sanctions. If a person or legal entity intentionally or with gross negligence infringes a design right, they …”

Classification S. 350-352

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 III. Person entitled to claim priority …” „… multiple application.11 Section 2 Priority Article 41 Right of priority 1. A person who has duly filed an …”

Declaration of invalidity S. 240-244

„… private individuals if they, by way of exception, as persons vested with public authority, carry out …” „… requirements under which a party is entitled to file an invalidity application. The only argument one could …” „… decision, the right holder is not entitled to the Community design under Article 14; (d) if the Community …”

Estonia S. 708-713

„… , Community Designs are entitled to the same legal frame as national industrial designs registered in Estonia …” „… infringement cases against a natural person can be filed with the court of his or her residence and an action …” „… against a legal person can be filed with the court of its seat. There is no possibility to choose in which …”

Spain S. 846-852

„… 500,000 the procurador’s fees could be around EUR 1,500 in first instance). 5 In addition, the person …” „… Adoption of the measures is ordinarily subject to a hearing where both parties are entitled to submit their …” „… ). Even without prove of damages, the holder of the infringed right is entitled to one percent of the …”

Italy S. 757-766

„… victim of a defamatory statement is entitled to sue the other party for damages to its commercial …” „… effective. 28 d) Factual evidence. Witnesses have to be heard in person. The questions, drafted by the …” „… property right is entitled to request damages from the infringing party.15 The legal definition of the …”

Commencement and term of protection of the unregistered Community design S. 176-180

„… the public.14 If the UCD was disclosed or even registered by a person who is not entitled to it within …” „… the sole reason that it has been disclosed to a third person under explicit or implicit conditions of …”

International jurisdiction S. 508-515

„… respect to legal persons, however, Art. 63 of the Brussels (Recast) Regulation does contain the criteria …” „… to be followed to determine the domicile of a legal person, and it sets forth that they shall have …” „… ) Regulation: ‘Subject to this Regulation, persons domiciled in a Member State shall, whatever their …”

Parallel actions on the basis of Community designs and national design rights S. 567-577

„… rationale of this pragmatic approach is that the EU naturally is not entitled to abandon national IPRs, but …” „… protection schemes literally the right holder would be entitled to the same remedies under both national and …” „… must of course apply in case the Community design in the meantime is transferred to another person or …”

Actions before the Court of Justice S. 431-438

„… there is no one entitled to bring an action before the Court of Justice, thus Art. 60 (3) CDR is …” „… party to the proceedings- as the defendant.8 10 Both, natural and legal persons may be parties to …” „… any person, Member State and Community institution to 4 General Court T-68/10 Sphere Time v OHIM, 14 …”

Romania S. 820-828

„… being within the ‘urgency’ non-written norm, especially when the claimant is a foreign juridical person …” „… entry into force of the new CCivP in February 2013. 27 If the owner of the IP right or any other person …” „… of the proceedings. 43 When a final decision is given, the guarantee is returned to the person who …”

Cyprus S. 686-692

„… constitute contempt of court. In the event of non compliance with the terms of a court order, the person in …” „… also important that a person seeking the issue of an ex parte interim injunction goes to the court with …” „… plaintiff is entitled to a relief; The threshold to be satisfied under this requirement is not very high …”

Application of the Convention on Jurisdiction and Enforcement S. 490-497

„… Title II of that Convention which are applicable to persons domiciled in a Member State shall also be …” „… applicable to persons who do not have a domicile in any Member State but have an establishment therein. 4 …” „… declared that for purposes of establishing whether two persons must be considered as being the same party …”

Rights in rem on a registered Community design S. 278-288

„… unable to repay the debt, the creditor is entitled to liquidate its collateral, the RCD.1 1 As to the …” „… prevails over Art. 29. 12As opposed to a right in personam that is directed towards a particular person and …” „… property right) that imposes an obligation on persons generally, i. e. on every person or on every person …”

Restitutio in integrum S. 454-461

„… that person is personally present at OHIM9. The addressee will sign and date an acknowledgement of …” „… must have acted with all due care required by the circumstances. By extension, actions of the person …” „… representative and has duly notified OHIM of this fact is entitled to expect that OHIM sends all notifications to …”

Measures under Enforcement Directive 2004/48/EC of 29 April 2004 S. 646-656

„… ) according to information by one of the persons mentioned in (a) – (c) were involved in the manufacture …” „… prerequisites of Art. 8 (1) (a) – (d) must be demonstrably provided, 9 ‘…any other person…’. 10 Art. 8 (1) (a …” „… refusal of information with which the person named in Art. 8 (1) was forced to admit to its participation …”

Index S. 1022-1041

„… revision see Interlocutory revision – parties to appeal proceedings 56 4 et seq. – persons entitled to …” „… priority see there – person entitled to claim priority 41 13 et seq. – place of previous application 41 9 …” „… of priority 44 10 – disclosing person 44 6 – exhibition and use in trade 4 45, 7 8, 16 et seq …”

Rights conferred by the Community design S. 192-206

„… accused of infringing a later CD, he is entitled to defend himself by referring to his right to use …” „… its duration and of the person holding it can easily be searched, this is not the case with respect to …” „… that in such cases Art. 50 (6) requires the holder to communicate to the person against whom the action …”

Annex 4 GUIDELINES FOR EXAMINATION IN THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (TRADE MARKS AND DESIGNS) ON REGISTERED COMMUNITY DESIGNS S. 912-964

„… fulfills the requirements of Article 78(1) CDR. A natural or legal person whose domicile, principal place …” „… may act before the Office through an employee. Employees of such a legal person may also represent …” „… another legal person having neither its domicile nor its principal place of business nor a real and …”

Community design S. 24-46

„… enforcement is sought, to stop the infringing acts. (23) Any third person who can establish that he has in …” „… Community design, which has not been copied from the latter, may be entitled to a limited exploitation of …” „… (2) of the MPI Survey: ‘Do you need only imitation protection (a person cannot copy your design) or …”

Designs dictated by their technical function and designs of interconnections S. 148-169

„… Article 7 (3). Nevertheless, since a person performing abusive disclosure would often try to hide the …” „… :1993:0342:FIN:EN:PDF (last visited 19 September 2014). That Art. 9 was entitled ‘Non-arbitrary technical …” „… ) should directly refer to it and substantiate it19. Otherwise OHIM is not entitled to choose Art. 8 CDR …”

Titelei/Inhaltsverzeichnis S. 1-23

„… ........................................................................................ 393 Article 56 Persons entitled to appeal and to be parties to appeal proceedings …”

Presumption of validity – defence as to the merits S. 520-529

„… of more senior, national design rights to which he is entitled. In the cases pursuant to Art. 90 (1 …” „… , to his licensee or any other person appearing with the procedural authority of the right holder to …”

Conditions with which applications must comply S. 327-345

„… natural person or legal entity,10 regardless of nationality and domicile/ place of business. In order for …” „… person, indicates his surname and forename(s) and, if a legal entity, indicates its corporate name, and …” „… registration holder is entitled to choose the level of generality at which his design is to be considered. If …”

Table of cases S. 1002-1022

„… 56 4 et seq. – persons entitled to appeal 56 2 et seq. – time limit and form of appeal see Appeal …”

doi.org/10.5771/9783845259215

Maximilian Fuchs, Robertus Cornelissen - EU Social Security Law

No access

Select

Maximilian Fuchs (ed.), Robertus Cornelissen (ed.)

EU Social Security Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

Results in this title

Article 42 Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent Member State Maximilian Fuchs S. 337-339

„… Death grants Article 42 Right to grants where death occurs in, or where the person entitled resides in …” „… death grants payable under the legislation it applies, even if the person entitled resides in a Member …” „… , a Member State other than the competent Member State (1) When an insured person or a member of …”

Article 24 Right to benefits in kind under the legislation of the Member State of residence Rolf Schuler S. 286-289

„… of the place of residence, as though the person concerned were entitled to a pension and benefits in …” „… the person entitled to a pension was last subject (para. (2)(b)). c) For persons receiving more than …” „… ”, referred to in Art. 24(2) is that relating to pensions. Therefore, where a person is entitled to draw …”

Article 23 Right to benefits in kind under the legislation of the Member State of residence Rolf Schuler S. 284-286

„… person concerned were entitled to a pension and benefits in kind under the legislation of that Member …” „… person concerned (CJEU, Case C-389/99 (Rundgren), EU:C: 2001:264). Based on this case law the application …” „… )(d) TFEU at the end of their working lives migrant workers and migrant self-employed persons have a …”

Article 46 Persons subject either only to type B legislation or to type A and B legislation Rolf Schuler S. 345-348

„… Art. 10 Reg. No. 3). If a person entitled to make a claim was first insured according to Type A legal …” „… equal to the difference between the two amounts. (3) If the person concerned is not entitled to benefits …” „… ). Article 46 Persons subject either only to type B legislation or to type A and B legislation (1) A person …”

Article 17 Residence in a Member State other than the competent Member State Karl-Jürgen Bieback S. 226-240

„… of coordinating social security law to establish additional legal claims, should the person entitled …” „… which the person concerned is insured or from which the person concerned is or would be entitled to …” „… social security law to establish additional legal entitlements, if the person entitled to the benefit in …”

Article 44 Persons subject only to type A legislation Rolf Schuler S. 341-344

„… ) A person who is not entitled to benefits under paragraph 2 shall receive the benefits to which …” „… Art. 37-39 Reg. 1408/71. These provisions only apply if the person entitled was insured for Type A …” „… the person entitled was subject at the time the insured person became unable to work or unemployed …”

Article 27 Stay of the pensioner or the members of his/her family in a Member State other than the Member State in which they reside – Stay in the competent Member State – Authorisation for appropriate treatment outside the Member State of residence Rolf Schuler S. 290-293

„… persons and the members of their family are entitled, when staying (temporarily – Art. 1(k)) in a Member …” „… self-employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the …” „… pensioner resides Members of the family of a person receiving a pension or pensions under the legislation of …”

Article 67 Members of the family residing in another Member State Franz Marhold S. 422-424

„… Article 67 Members of the family residing in another Member State A person shall be entitled to …” „… ruling stipulates that all persons whose family members reside in another Member State are entitled to …” „… outset. A person shall be entitled to family benefits in accordance with the legislation of the competent …”

Article 48 Conversion of invalidity benefits into old-age benefits Rolf Schuler S. 348-352

„… partial pensions with respect to the entire biography of the person entitled to them. Paragraph 2 of the …” „… accumulation of benefits and the overcompensation of the person entitled. Hence such invalidity benefits are …” „… person is receiving benefits under the legislation of one or more Member States, the following provisions …”

Article 68 Priority rules in the event of overlapping Franz Marhold S. 424-431

„… to the competent Member State from the very outset. A person shall be entitled to family benefits in …” „… the person considered by the legislation of the country of residence to have priority was entitled to …” „… old Art. 75(2) Reg. No. 1408/71. This regulation aims at ensuring that the persons entitled to the …”

Article 87 a Transitional provision for application of Regulation (EU) No 465/2012 Rob Cornelissen S. 528-541

„… (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the …” „… State. Thanks to the aggregation provision laid down in Art. 6, this person will be entitled to a …” „… who has reached the age of 65 is entitled to an old-age pension, this person is, thanks to the …”

Article 36 Right to benefits in kind and in cash Maximilian Fuchs S. 317-327

„… the person concerned is entitled to them. Where an accident at work or occupational disease is …” „… Regulation relating to benefits in kind shall apply to persons entitled to benefits in kind solely on the …” „… insured person stays in the competent Member State, then he/she is entitled to benefits in kind from the …”

Article 25 Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State Rolf Schuler S. 289-290

„… State Where the person receiving a pension or pensions under the legislation of one or more Member …” „… subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension …” „… the members of his/her family would be entitled to such benefits if they resided in that Member State …”

Article 58 Award of a supplement Rolf Schuler S. 384-385

„… replaces Art. 50 Reg. No. 1408/71 and ensures that the person entitled to a pension in his/her home country …” „… the insurance periods. If the total sum of prorata pensions, to which the person is entitled, is less …” „… difference requires the person entitled to reside in that country. This rule is more specific and therefore …”

Article 52 Award of benefits Rolf Schuler S. 365-373

„… person concerned shall be entitled to receive from the competent institution of each Member State the …” „… pension calculations, depending on whether the person entitled to a pension has met the pension criteria …” „… , the person concerned is entitled to a higher (partial) pension from the responsible body of each …”

Article 18 Stay in the competent Member State when residence is in another Member State – special rules for the members of the families of frontier workers Karl-Jürgen Bieback S. 240-242

„… , the insured person and the members of his/her family referred to in Article 17 shall also be entitled …” „… legislation it applies, as though the persons concerned resided in that Member State. (2) The members of the …” „… family of a frontier worker shall be entitled to benefits in kind during their stay in the competent …”

Article 22 Pension claimants Karl-Jürgen Bieback S. 277-281

„… in the event that the person concerned ceases to be entitled to benefits in kind under the …” „… person must have his/her incapacity for work verified by means of a certificate to be issued by a doctor …” „… of incapacity for work, the insured person must apply directly to the institution of the place of …”

Overview Rolf Schuler S. 339-341

„… ) A person who is not entitled to benefits under paragraph 2 shall receive the benefits to which …” „… death of a pensioner who was entitled to a pension under the legislation of one Member State, or to …” „… of insurance or residence (and depends exclusively on the fact that the person was insured at the …”

Article 28 Special rules for retired frontier workers Rolf Schuler S. 293-295

„… employed or self-employed person for at least two years as a frontier worker shall be entitled to benefits …” „… frontier workers 1. A frontier worker who has retired because of old-age or invalidity is entitled in the …” „… his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment …”

Article 47 Aggravation of invalidity Rolf Schuler S. 348

„… person is receiving benefits under the legislation of one or more Member States, the following provisions …” „… Chapter 5, applied mutatis mutandis; (b) however, where the person concerned has been subject to two or …” „… person concerned was receiving at the expense of the institution previously competent for payment, that …”

Overview Rolf Schuler S. 281-284

„… . 1408/71, in particular its Art. 33, whereby a person entitled to a pension that is provided at the expense …” „… entitled to a pension was last subject (Art. 24 (2)(b). h) For a person receiving more than one pension …” „… provisions for insured employees or self-employed persons. They do not apply to a pensioner or the members of …”

Article 68 a Provision of benefits Franz Marhold S. 431

„… . This regulation aims at ensuring that the persons entitled to the benefits do in fact use the family …” „… be applied in the event the person entitled to the benefit does not use the family benefit to which …” „… Article 68 a Provision of benefits In the event that family benefits are not used by the person to …”

Article 34 Overlapping long-term care benefits Karl-Jürgen Bieback S. 301-307

„… the same total amount or value as that to which the insured person would be entitled if he/she resided …” „… treated as such by the Member State under whose legislation the insured person was insured before he/she …” „… under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind …”

Article 84 Collection of contributions and recovery of benefits Rob Cornelissen S. 496-521

„… Member State during a period in which the insured person was entitled to benefits under the legislation …” „… person is entitled to an invalidity pension, regardless its amount. After a while it appears that the …” „… person is in Member State B retroactively entitled to an invalidity pension over these six months of 500 …”

Article 69 Additional provisions Franz Marhold S. 431-432

„… . This regulation aims at ensuring that the persons entitled to the benefits do in fact use the family …” „… be applied in the event the person entitled to the benefit does not use the family benefit to which …” „… Article 68 a Provision of benefits In the event that family benefits are not used by the person to …”

Article 65 Unemployed persons who resided in a Member State other than the competent State Maximilian Fuchs S. 406-417

„… case the amount of the benefit to which a person concerned would be entitled according to the …” „… unemployed persons but that the worker was entitled to only one benefit, in the Member State of residence …” „… 145/84 (Cochet), EU:C:1985:111 para. 16). In this case the unemployed person is entitled to unemployment …”

Overview Franz Marhold S. 420-422

„… Member State A person shall be entitled to family benefits in accordance with the legislation of the …” „… ruling stipulates that all persons whose family members reside in another Member State are entitled to …” „… upon the person concerned being available to the employment services of the competent State …”

Article 21 Cash benefits Karl-Jürgen Bieback S. 269-277

„… person presents a certificate in order to be entitled to cash benefits relating to incapacity for work …” „… In all cases reimbursement is never higher than the actual costs incurred by the insured person …” „… (Case C-173/09 (Elchinov), EU:C:2010:581, para. 81), whereby co-payments made by the insured person in …”

Article 59 Recalculation and revaluation of benefits Rolf Schuler S. 385-386

„… connection with the personal situation of the person entitled to such and resulted from the general …” „… amendment to the pension granted to the person entitled to such would have entailed (CJEU, Case C-193/92 …” „… , which the person entitled should receive, would prove to be higher (in time considerably higher in …”

Article 64 Unemployed persons going to another Member State Maximilian Fuchs S. 400-406

„… person who formerly pursued an activity as an employed or self-employed person and who is entitled to …” „… competent State). Only a wholly unemployed person is entitled to benefits pursuant to the wording of the …” „… justified. The Case Petersen involved the advance granted to unemployed persons who have applied for the …”

Article 57 Periods of insurance or residence of less than one year Rolf Schuler S. 380-384

„… . 1408/71 and ensures that the person entitled to a pension in his/her home country will at least receive …” „… periods. If the total sum of prorata pensions, to which the person is entitled, is less than the mini …” „… requires the person entitled to reside in that country. This rule is more specific and therefore takes …”

Article 45 TFEU Rose Langer S. 38-51

„… . It is not necessary for a person to have foreign nationality in order to be entitled to make claims …” „… Art. 48 EEC (now Art. 45 TFEU) is to complete the right of freedom of movement for persons, the actual …” „… specifically in the light of social law and based on the status of insured person. Although the latter is to be …”

Article 51 Special provisions on aggregation of periods Rolf Schuler S. 362-365

„… to Art. 6 and 51, must definitely be considered in the calculation of the amount. If a person …” „… entitled to a pension claims initially deferred retirement provision or if the criteria for these payments …” „… specific activity as an employed or self-employed person or in an occupation which is subject to a special …”

Article 62 Calculation of benefits Maximilian Fuchs S. 396-400

„… family, another person is entitled to unemployment benefits calculated on the basis of the number of …” „… the members of the family of the person entitled to the benefit who are living in the territory of a …” „… another person is entitled to unemployment benefits that is calculated taking members of the family into …”

Article 26 Residence of members of the family in a Member State other than the one in which the pensioner resides Rolf Schuler S. 290

„… pensioner resides Members of the family of a person receiving a pension or pensions under the legislation of …” „… resides shall be entitled to receive benefits in kind from the institution of the place of their residence …” „… in accordance with the provisions of the legislation it applies, insofar as the pensioner is entitled …”

Article 1 Definitions S. 67-87

„… application for benefit; or (ii) the institution from which the person concerned is or would be entitled to …” „… other hand, there is the general rule of Art. 22 concerning retired persons who cease to be entitled to …” „… the person concerned is insured, or the one from which the person concerned is entitled to receive …”

Article 4 Equality of treatment Bettina Kahil-Wolff S. 118-135

„… Belgian law concerning an unemployment allowance required residency of every person entitled to the …” „… . 1408/71, the new rule does not necessarily require that the entitled person has to be a resident of a …” „… 4 Equality of treatment Unless otherwise provided for by this Regulation, persons to whom this …”

Overview Karl-Jürgen Bieback S. 209-226

„… additional legal claims, should the person entitled to the benefit be referred solely to claims against the …” „… Member State(s) from which the person receives benefits might exist. This can be relevant in the area of …” „… care insurance scheme which might lead to double insurance if these persons stay in another Member …”

Article 31 General provision Karl-Jürgen Bieback S. 297-298

„… insured and entitled to benefits in kind on the basis of an activity as employed or self-employed persons …” „… Art. 25, if persons drawing more than one pension reside in a Member State that, although it has no …” „… pensioner or the members of his/her family who are entitled to benefits under the legislation of a Member …”

Article 30 Contributions by pensioners Rolf Schuler S. 295-297

„… with the entitlement takes up an activity as an employed or self-employed person that is subject to …” „… affiliation and entitlement to benefits due to an activity as an employed or self-employed person (see Art. 31 …” „… benefits shall be paid to a person receiving a pension or pensions under the legislation of one or more …”

Article 41 Reimbursement between institutions Maximilian Fuchs S. 336-337

„… death occurs in, or where the person entitled resides in, a Member State other than the competent Member …” „… , even if the person entitled resides in a Member State other than the competent Member State. (3 …” „… State (1) When an insured person or a member of his/her family dies in a Member State other than the …”

Article 61 Special rules on aggregation of periods of insurance, employment or self-employment Maximilian Fuchs S. 391-396

„… the family, another person is entitled to unemployment benefits calculated on the basis of the number …” „… Article shall be conditional on the person concerned having the most recently completed, in accordance …” „… to the underlying obligations of the institutions involved, the person concerned may submit to the …”

Article 50 General provisions Rolf Schuler S. 357-362

„… , must definitely be considered in the calculation of the amount. If a person entitled to a pension …” „… legislations of the Member States to which the person concerned has been subject, when a request for award has …” „… been submitted, unless the person concerned expressly requests deferment of the award of old-age …”

Article 19 Stay outside the competent Member State Karl-Jürgen Bieback S. 242-255

„… persons can, for example, therefore claim benefits in kind which although they do not have to be …” „… , mostly the main insured person’s place of employment, as the main insured person himself/herself. The …” „… . 17 – neither proof of the status of insured person nor registration is required. III. Transitional …”

Article 35 Reimbursements between institutions Karl-Jürgen Bieback S. 307-313

„… basic Regulation relating to benefits in kind shall apply to persons entitled to benefits in kind solely …” „… to insured persons subject to the legislation applied by the institution providing the benefits …” „… members who do not reside in the same Member State as the insured person, as provided for in Article 17 of …”

Article 20 Travel with the purpose of receiving benefits in kind – authorisation to receive appropriate treatment outside the Member State of residence Karl-Jürgen Bieback S. 255-269

„… persons are entitled in their State of residence 6. Part 2: Regulation (EC) No 883/2004 250 Karl-Jürgen …” „… that the insured person presents a certificate in order to be entitled to cash benefits relating to …” „… this Regulation, an insured person travelling to another Member State with the purpose of receiving …”

Article 2 Persons covered S. 87-94

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. Persons who are entitled in a direct way …” „… ) and (2). Persons who are entitled in a direct way Most important for the coverage is the nationality …” „… binding and directly applicable as Reg. No. 883/2004. Article 2 Persons covered (1) This Regulation shall …”

Special rules of the IR Rob Cornelissen S. 544-553

„… person concerned shall be made provisionally subject to the legislation of one of those Member States …” „… person actually pursues his employment or self-employment, if the employment or self-employment is …” „… pursued in only one Member State; (b) the legislation of the Member State of residence if the person …”

Article 45 Special provisions on aggregation of periods Rolf Schuler S. 344-345

„… January 1996 HUNGARY As from 1 January 2012 pursuant to the Act CXCI of 2011 on the benefits for persons …” „… ) the invalidity benefit. SLOVAKIA Invalidity pension for a person who became invalid as a dependent …” „… ) of Act No 461/2003 on social insurance, as amended). FINLAND National Pensions to persons who are …”

Article 37 Costs of transport Maximilian Fuchs S. 327-328

„… inform it when a final decision is reached. (2) Where a person is entitled to benefits under the …” „… transporting a person who has sustained an accident at work or is suffering from an occupational disease …” „… in another Member State where the person resides, provided that that institution gives prior …”

Article 65 a Special provisions for wholly unemployed self-employed frontier workers where no unemployment benefits system covering self-employed persons exists in the Member State of residence Maximilian Fuchs S. 417-419

„… longer required. This means the unemployed self-employed person is entitled to receive benefits for three …” „… unemployment benefits system covering selfemployed persons exists in the Member State of residence (1) By way …” „… of derogation from Article 65, a wholly unemployed person who, as a frontier worker, has most …”

Article 91 Entry into force Rob Cornelissen S. 543-544

„… kind, the person concerned who could claim benefits if there was no dispute shall be entitled, on a …” „… safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community …” „… the free movement of persons and other agreements containing a reference to Regulation (EEC) No 574/72 …”

Article 33 Substantial benefits in kind Karl-Jürgen Bieback S. 300-301

„… kind (1) An insured person or a member of his/her family who has had a right to a prosthesis, a major …” „… person has already become insured under the legislation applied by the second institution. (2) The …” „… sufficient that the insured person had a right to the benefit before the change, if the right has been …”

Article 39 Aggravation of an occupational disease Maximilian Fuchs S. 331-333

„… person who is entitled to those benefits in the event of sickness, maternity or equivalent paternity …” „… person suffering from such a disease has received or is receiving benefits under the legislation of a …” „… Member State, the following rules shall apply: a) if the person concerned, while in receipt of benefits …”

Article 66 Benefits Maximilian Fuchs S. 419-420

„… )(a) is no longer required. This means the unemployed self-employed person is entitled to receive …” „… family and health-care benefits to the person concerned, in accordance with the provisions of this …” „… upon the person concerned being available to the employment services of the competent State …”

Article 87 Transitional provisions Rob Cornelissen S. 526-528

„… (b), the person concerned shall continue to be entitled to the amount calculated pursuant to the …” „… provisions guarantee the advantages of the new regulations for the persons concerned even if they have …” „… residence of the person concerned shall, at the request of that person, be provided or resumed with effect …”

Article 72 Tasks of the Administrative Commission Rob Cornelissen S. 441-453

„… thereunder, without prejudice to the right of the authorities, institutions and persons concerned to have …” „… particular questions regarding certain categories of persons; facilitate realisation of actions of …” „… as far as possible the use of new technologies in order to facilitate the free movement of persons …”

Article 60 Special provisions for civil servants Rolf Schuler S. 386-388

„… allowances for external pensions not being considered and the amounts, which the person entitled should …” „… the method of calculation are amended, or (recently included) if the situation of the person concerned …” „… ) and 52 to 59 shall apply mutatis mutandis to persons covered by a special scheme for civil servants …”

Article 11 General rules Heinz-Dietrich Steinmeyer S. 167-180

„… person pursues an activity or activities in two or more Member States has to be applied. Article 11 …” „… General rules (1) Persons to whom this Regulation applies shall be subject to the legislation of a single …” „… purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an …”

Article 38 Benefits for an occupational disease where the person suffering from such a disease has been exposed to the same risk in several Member States Maximilian Fuchs S. 328-331

„… inform it when a final decision is reached. (2) Where a person is entitled to benefits under the …” „… Article 38 Benefits for an occupational disease where the person suffering from such a disease has …” „… been exposed to the same risk in several Member States When a person who has contracted an occupational …”

Article 40 Rules for taking into account special features of certain legislation Maximilian Fuchs S. 333-336

„… Chapter concerning benefits in kind shall nevertheless be applied to a person who is entitled to those …” „… insurance against accidents at work or occupational diseases in the Member State in which the person …” „… State if that person sustains an accident at work or suffers from an occupational disease during a …”

Article 74 Audit Board Rob Cornelissen S. 457-460

„… number of cross-border situations that insured persons and the members of their families residing or …” „… staying in a Member State are entitled to benefits in kind to be provided by that Member State on behalf …” „… calculation of the average cost per person and by distinguishing between three age groups. A smooth …”

Titelei/Inhaltsverzeichnis S. 1-17

„… ...............................................Article 41 319 Chapter 3 Death grants Right to grants where death occurs in, or where the person entitled …” „… States about access to benefits for workers and non-active persons coming from other Member States. This …” „… importance of the EEA Agreement, the EU- Switzerland Agreement on free movement of persons, and the …”

Overview Maximilian Fuchs S. 313-317

„… . 883/2004. Paragraph 1 ensures that, persons not covered by a sickness insurance scheme in a Member State …” „… to workers, self-employed persons and students (cf. Art. 52, 63 (a), 95 (d) Reg. No. 1408/71). Art …” „… . 36 no longer includes any restrictions to specific groups of persons. In contrast to former …”

Article 81 Claims, declarations or appeals Rob Cornelissen S. 485-489

„… institution of the place of residence or stay of the claimant or the person entitled to benefits, under the …” „… ) (2) (see under Art. 76) (3) Where a person has mistakenly submitted information, documents or claims …” „… interesting to mention that Art. 81 does not require that the person who submits a claim to an authority …”

Overview S. 353-357

„… ) remain in the Member States involved, which are also paid in full to those entitled to such who reside in …” „… determine entitlement to benefit, under all the legislations of the Member States to which the person …” „… concerned has been subject, when a request for award has been submitted, unless the person concerned …”

Article 73 Technical Commission for Data Processing Rob Cornelissen S. 453-457

„… persons. Gradually it became clear to everybody that for a more secure and rapid exchange of information …” „… number of cross-border situations that insured persons and the members of their families residing or …” „… staying in a Member State are entitled to benefits in kind to be provided by that Member State on behalf …”

Article 49 Special provisions for civil servants Rolf Schuler S. 352-353

„… the times at which the employees become entitled to draw their (statutory) old-age pensions, it being …” „… , 47 and 48 and Article 60(2) and (3) shall apply mutatis mutandis to persons covered by a special …”

Article 7 Waiving of residence rules Rolf Schuler S. 146-150

„… respect Art. 21(1) TFEU with regard to short-term disability benefits for young persons pursuant to …” „… with both potentially entitled parents must be taken into consideration for the granting of these …” „… in contrast to former coordination legislation no longer requires that the person concerned lives in …”

Article 48 TFEU Rose Langer S. 51-58

„… Belgium but receiving a German pension is entitled to the Belgian minimum pension even if this person was …” „… periods taken into account under the laws of several countries; (b) payment of benefits to persons …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 a) Status of the person …”

Article 82 Medical examinations Rob Cornelissen S. 489-495

„… the person entitled to benefits, under the conditions laid down in the Implementing Regulation or …” „… person (regardless of the motivation) in a non-competent Member State. Art. 2(3) IR applies to all …” „… information, documents and claims which have been submitted mistakenly by a person in a non-competent Member …”

Article 70 General provision S. 432-440

„… Chapter 5 (Old-age and survivors’ pensions). In order to prevent disadvantages for persons who have spent …” „… the branches of social security referred to in Article 3(1), and which guarantee the persons concerned …” „… concerned; or (ii) solely specific protection for the disabled, closely linked to the said person's social …”

Article 3 Material Scope Maximilian Fuchs S. 94-118

„… (this person must be an EU national, refugee or stateless person) and all persons irrespective of …” „… Switzerland (or if they are refugees or stateless persons). These differences between the different groups of …” „… child of a worker could not claim benefits for disabled persons which could under the relevant national …”

Part 3: Association Agreements S. 553-571

„… of Persons Agreement with Switzerland. . . . . . . . . . . 7 1. Context, Spirit and Purpose of the …” „… movement of persons and coordination 536 Bettina Kahil-Wolff 1 of social security. This is true for the …” „… , Liechtenstein and Norway, as well as for the Swiss-EU Bilateral Agreement on the Free Movement of Persons of …”

doi.org/10.5771/9783845257662

ZEuS Zeitschrift für Europarechtliche Studien

Access

Select

ZEuS Zeitschrift für Europarechtliche Studien

Browse Volumes: ZEuS Zeitschrift für Europarechtliche Studien

ZEuS Volume 5 (2002) Issue 2 ISSN Online: 2942-3589

Results in this title

Marten Breuer The Act on Hungarians Living in Neighbouring Countries Challenging Hungary’s Obligations under Public International Law and European Community Law S. 255-297

„… make two principal observations: Firstly,a number of benefits are available to the entitled persons …” „… adoption of theStatus Law did not offer the entitled persons but an opportunity to apply forbeing granted a …” „… ) In the field of culture, persons falling within the scope of this Act shall be enti-tled in Hungary …”

doi.org/10.5771/1435-439X-2002-2

1

2 3 ... 807