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Gerhard Robbers - An Introduction to German Law

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Gerhard Robbers

An Introduction to German Law

Series: NomosEinführung

Volume 2023

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Titelei/Inhaltsverzeichnis S. 1-16

„… RobbersNomos8th EditionAn Introduction to German LawNomosEinführungNomos8th EditionAn Introduction …” „… Cataloging-in-Publication DataRobbers, GerhardAn Introduction to German LawGerhard Robbers318 pp.Includes bibliographic …” „… ) 96Public Service Lawi) 97The Law Relating to Cultural Administrationj) 99Media Lawk) 101Traffic Lawl …”

C. Criminal Law S. 114-150

„… detailed and systematic Roman law was conducive to the creation of a class of secular lawyers and was …” „… laws, criminal law became secularised to a significant extent in this period, in other words, it …” „… justification. Thus, if the legal interest to be 6.Criminal LawC.124461462463464defended and the legal interest …”

A. General Structures S. 17-33

„… of litigation (evidence).Relationship to European and International LawThe law of the European Union …” „… , is called together to make a binding decision on the point of law.An exception is also made in the …” „… statute law.However, it would be a distortion of the practical reality to look at things solely from the …”

D. Private Law S. 151-254

„… law in the laws of the various Germanic peoples. To an even greater extent than the other disciplines …” „… BGHZ 58, 48.Private LawD.154577578on death. All human beings, in contrast to animals and things, have …” „… requirement that the declaration of the will to marry must be made 6.Private LawD.160598599600601602before a …”

doi.org/10.5771/9783748935902

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (ed.), Halvard Haukeland Fredriksen (ed.), Hans Petter Graver (ed.), Ola Mestad (ed.), Christoph Vedder (ed.)

Agreement on the European Economic Area

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Ernst Nordtveit, Sigrid Eskeland Schütz Introduction to EEA environmental law S. 713-715

„… Chapter 3: Environment Introduction to EEA environmental law Chapter 3 on the Environment is …” „… Law, pp. 621-622. Introduction to EEA environmental law Nordtveit/Schütz 713 1 2 3 ciple, which …” „… have to maintain or introduce more stringent protection of the environment in national law than is set …”

Titelei/Inhaltsverzeichnis

„… ..................................Article 72 691 Chapter 3: Environment Introduction to EEA environmental law …” „… specific’ questions are discussed in textbooks and articles devoted to EEA law as such. Notwithstanding the …” „… way, the EFTA Court has managed to keep alive a debate about EEA law that makes sure that key actors …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 73 [Object and purpose of EEA environmental law] S. 715-721

„… which shall apply pursuant to Article 73. I. Introduction Art. 74 is the gateway into EEA law for EU …” „… ambitions of international environmental law, and they must give consideration to new environmental problems …” „… environmental law and policy of the early 1990 s. The Contracting Parties’ understanding of and approach to the …”

Introduction S. 1-13

„… and the matter does not seem to be on the political agenda. Introduction 4 The Editors 10 11 12 ‘the …” „… (not only a political goal) which applies also to the question of the legal effect of EEA law in the …” „… protection in the EFTA-pillar of rights based on EEA law which comes quite close to that provided for within …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 74 [Protective measures] S. 721-737

„… introduction to this chapter, the full breadth of EEA environmental law can only be grasped by studying both …” „… States cannot challenge the EU legislator’s choice to fully harmonise environmental law-related matters …” „… s, leading to the introduction of an obligation to make environmental protection an integral part of …”

Gunnar Thor Pétursson Article 10 [Customs duties and charges having equivalent effect] S. 286-289

„… also apply to customs duties of a fiscal nature. I. Introduction At the time of the EEA negotiations …” „… transitional periods found in Community law had run out, Art. 10 EEA was essentially identical in substance to …” „… national law’ and therefore ‘perfectly suited to produce direct effects in legal relations between the …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… differences between EU and EEA law, due to the EEA law’s lack of Union citizenship provisions.41 Three EFTA …” „… of establishment.6 Prior to the introduction of Union citizenship, the treaty-based rights to move …” „… law literature on the right to free movement of the economically active as well as the right to …”

Gunnar Thor Pétursson Article 8 [Free movement of goods, scope of application] S. 270-281

„… No primacy of non-implemented EEA law Protocol 35 EEA, as stated above, only applies to implemented …” „… EEA law. Consequently, it does not lay down an obligation to ensure that non-implemented acts prevail …” „… EEA Law, p. 387 with reference to case E-1/07, 3.10.2007, Criminal Proceedings against A, para. 42 …”

Ronny Gjendemsjø Introduction to the competition rules applicable to undertakings S. 525-526

„… Introduction to the competition rules applicable to undertakings I. General remarks on the rules applicable to …” „… undertakings Arts. 53 to 60 are the competition law provisions of the EEA Agreement. They constitute Chapter 1 …” „… law and decisional practice in the EFTA pillar regarding these provisions. The goal is to discuss …”

Jóhanna Jónsdóttir Introduction to EEA cooperation outside the four freedoms S. 751-753

„… Introduction to EEA cooperation outside the four freedoms* Most descriptions of the EEA Agreement begin by …” „… Affairs at the EFTA Surveillance Authority for their contribution. Introduction to EEA cooperation …” „… TFEU) and hence cannot serve as the basis of an obligation in the EEA either. They relate to topics …”

Tron Løkken Sundet Article 67 [Health and safety of workers] S. 660-664

„… law.5 The reference in the Preamble’s eleventh recital to the importance of the development of the …” „… safety is included in Annex XVIII. In short, the substantive law with regard to the minimum requirements …” „… introduction of measures to encourage improvements in the safety and health of workers at work; – Dir. 89/654 …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… Introduction to Comparative Law, 3rd Ed, OUP 1998 (translated by Weir), p. 285: ‘the tendency to undue …” „… underlying reason for the EU law interpretation. Nevertheless, for lawyers accustomed to the hierarchy of EU …” „… EEA law in and beyond the text of the Main Part of the EEA Agreement I. Introduction – a reader’s …”

Martin Hennig Article 52 [Charges for crossing the borders] S. 524-525

„… applicable to undertakings Introduction to the competition rules applicable to undertakings I. General …” „… remarks on the rules applicable to undertakings Arts. 53 to 60 are the competition law provisions of the …” „… competition law provisions, Arts. 53, 54 and 59 EEA, all identical to their TFEU counterparts, should also be …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… only due to the loyal adherence to ECJ case-law demonstrated by ESA, the EFTA Court and the national …” „… be expected in other fields of EEA law where the EFTA States need to find a way to affiliate …” „… protection offered to individuals and economic operators under EEA law lags behind the subjective rights that …”

Margrét Einarsdóttir, Ragnhildur Helgadóttir Iceland and the EEA S. 13-35

„… statutory laws, that is, to guarantee the supremacy of EEA rules over the provisions of national law in …” „… referred to in this Constitution and elsewhere in the law exercise executive power. Judges exercise …” „… Icelandic law, a customary law rule, allowing delegation of state powers to international organs under …”

Fredrik Bøckman Finstad Norway and the EEA S. 59-80

„… protection of personal data that are to be implemented into Norwegian law in 2018.11 Furthermore, broad …” „… Schengen acquis is to be implemented into Norwegian law. Hundreds of Schengen acts have thus been made part …” „… are implemented into Norwegian law through the utlendingslov §§ 102 to 102 f. 21 Dir. 2008/115/EC …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… Sweden. The immediate effect of the accession to the EEA was a fast increase in the number of Law …” „… international law as part of its national legal order. Subsequently, EU acts do not necessarily have to be …” „… Liechtenstein’s capacity to implement EEA law. Overall, Frommelt18 concludes that the consulted experts show a …”

Finn Arnesen Article 119 [Annexes and Protocols as integral part of the Agreement] S. 912-919

„… declaration] that the Contracting Parties intended the introduction of Union citizenship in EU law to restrict …” „… integral part of this Agreement. I. Introduction Quite a few of the Protocols to the EEA Agreement relate …” „… . As far as the legal acts referred to in the Annexes are concerned, the case law of the EFTA Court may …”

Gunnar Thor Pétursson Article 9 [Origin of goods] S. 281-286

„… measures to be included in this Agreement. I. Introduction Rules of origin are laid down in Protocol 4 …” „… law had run out, Art. 10 EEA was essentially identical in substance to Art. 12 ff. of the EC Treaty …” „… national law’ and therefore ‘perfectly suited to produce direct effects in legal relations between the …”

Peter-Christian Müller-Graff Article 77 [Provisions on company law] S. 742-751

„… covers a three-year period, from 2017 to 2019.6 Chapter 5: Company law Article 77 [Provisions on company …” „… serves as a turntable to Annex XXII which incorporates specific provisions of secondary EU law on company …” „… on company law considered to be relevant for the EEA. In order to maintain homogeneity between EU and …”

Finn Arnesen Article 126 [Territorial application of the EEA Agreement] S. 945-953

„… , Introduction to the Law of the European Communities – After the coming into force of the Single European Act, 2 …” „… municipalities. Under Norwegian law, municipalities cannot go bankrupt.13 Therefore, suppliers and lenders to …” „… guarantee most likely amounts to State aid pursuant to EEA law.14 In a report from an expert commission …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… .220 As to the remedies for breach of primary law, the absence of EEA rules on remedies for …” „… specified, shall apply to all products and services. I. Introduction: Intellectual Property in the EEA …” „… secondary legislation, have – in the same manner as in EU law – great impact on IP.16 To be sure, the case …”

Henrik Bull Article 26 [Anti-dumping and anti-subsidies measures] S. 362-367

„… and considered to be incompatible with international law or generally accepted rules for international …” „… solutions have been found, the right to take measures under the applicable rules of international trade law …” „… the Contracting Parties, but the Agreement leaves the Parties free to set their own customs duties in …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… to 206/2016 of 30 September 2016. 8 Norberg et al., EEA law, p. 478. 9 St.prp. nr. 100 (1991-92), p …” „… . Starting out, the ECJ declared that the fundamental aims of EU law apply to the provisions on transport. At …” „… areas of EEA law An essential issue concerning the scope of Chapter 6 is its relationship to the general …”

Martin Hennig Article 15 [Repayment of internal taxes] S. 322-323

„… . However, in its case law relating to Arts. 34 and 36 TFEU, the ECJ has in recent years shown an increasing …” „… . 76-82. In a similar vein, with reference to other examples from ECJ case law, see Barnard, The …” „… . These provisions shall likewise apply to monopolies delegated by the State to others. I. Introduction …”

Berte-Elen R. Konow Article 72 [Provisions on consumer protection] S. 691-713

„… Economic Area 712 Konow 83 84 85 Chapter 3: Environment Introduction to EEA environmental law Chapter 3 on …” „… Institutions, 2004, p. 202. 4 See Norberg et al., EEA Law, pp. 621-622. Introduction to EEA environmental law …” „… law-related issues within its scope. The proposed regulation was to cover sale of goods, downloading of …”

Gunnar Thor Pétursson Article 13 [Exemptions] S. 301-311

„… . Introduction Art. 13 mirrors the provision of EU law now found in Art. 36 TFEU, and makes clear that the free …” „… EFTA Court’s reception of the ECJ’s case law. This is, in particular, important in regard to judge-made …” „… , 9.6.1982, Commission v Italy, and the case law of the ECJ was directly referred to in this context by the …”

Per Christiansen Article 35 [Jurisdiction to review penalties imposed by the ESA] S. 1040-1041

„… unlimited jurisdiction provided for by Art. 35, it follows from case law that “the Court, in addition to …” „… , which the Court must raise on its own motion, it is for the applicant to raise pleas in law against that …” „… , or infringement of this Agreement, of the EEA Agreement or of any rule of law relating to their …”

Martin Hennig Article 48 [Non-discriminatory application of national rules] S. 517-518

„… international law, i.e. that EEA only applies to Norwegian land territory, and its internal and territorial …” „… addressed to the EEA Joint Committee. A similar notification procedure is found in EU law, under which …” „… Secondly, the implementation of the Regulation into national Norwegian law raises constitutional …”

Gunnar Thor Pétursson Article 11 [Quantitative restrictions on imports and measures having equivalent effect] Quantitative restrictions on imports S. 289-299

„… corresponding provision of EU law, namely Art. 34 TFEU. Therefore, on the basis of Art. 6, Art. 11 is to be …” „… case,18 which to an extent is an EEA law parallel to the Gourmet case before the ECJ. In Gourmet, 3. 4 …” „… Area 292 Pétursson 11 12 The EFTA Court’s reference to the ‘too uncertain or indirect’ case-law of the …”

Ronny Gjendemsjø Article 53 [Agreements, decisions and concerted practices] S. 526-546

„… provide an answer to this. The other two case law-based exemptions have not been subject to any judgments …” „… manufacturer.20 The Court’s response was that “the case-law to which the Commission refers does not imply that …” „… effect on the market conduct.26 The case law has further established that subject to proof of the …”

Per Andreas Bjørgan Article 22 [Monitoring the application of the EEA Agreement and the SCA] S. 1007-1009

„… Agreement and the present Agreement Introduction to Part III As described above, Art. 108 EEA sets out the …” „… Handbook of EU law pp. 120-121. 6 See comments to Art. 6 above, mn.1 and 2. PART III: The Agreement on ESA …” „… not comply with EEA law, it can on its own initiative decide to initiate an investigation and it may …”

Henrik Bull Article 44 [Implementation of protective measures] S. 495-496

„… Standing Committee shall be competent to deliver an opinion regarding the introduction of the measures and …” „… referred to in paragraph 1 shall take place as soon as possible thereafter. 1 See Norberg et al., EEA Law …” „… As a geographical concept, the words “in the Union” in Art. 18 must, according to Point 8 of …”

Dora Sif Tynes Article 108 [The ESA and the EFTA Court: Establishment and competences] S. 840-852

„… special competences to supervise the application of the EC Member States of Community law was well …” „… law before a court.4 The focus of the negotiations was therefore not on whether to establish a …” „… Existence’, in: Baudenbacher (ed), The Handbook of EEA Law, pp. 28 to 30. 6 Opinion of the Court of Justice …”

Gunnar Thor Pétursson Article 12 [Quantitative restrictions on exports and measures having equivalent effect] Quantitative restrictions on exports S. 299-301

„… the case was not appealed to the Icelandic Supreme Court.66 In earlier case law of the Icelandic …” „… failure to comply with Dir. 98/34, based on ECJ case law, would result in non-notified technical …” „… even referring to the Cassis ruling when, in principle, accepting the 1 See Norberg et al., EEA Law, p …”

Christian Jordal, Gjermund Mathisen Article 62 [Review of State aid through the ESA and the Commission] S. 598-605

„… 195/04/COL.13 National law must allow the immediate and effective execution of ESA’s decision to order …” „… law principle of homogeneity, requiring that the two surveillance authorities cooperate with a view to …” „… Committee the competence to specify other categories that are compatible with the functioning of the EEA …”

Ronny Gjendemsjø Article 57 [Merger control] S. 563-566

„… be amended by the EEA Joint Committee and they are, opposed to regulations and directives in EU law …” „… law.6 Recapitulating, it is difficult to find any legal ground to justify that an amendment of …” „… Protocols 23 and 24. I. Introduction Pursuant to Art. 58, ESA and the Commission shall cooperate in the …”

Ernst Nordtveit, Sigrid Eskeland Schütz Article 75 [More stringent national measures] S. 737-740

„… EU legislator’s choice to fully harmonise environmental law-related matters based on Art. 114 TFEU …” „… obligation to notify the Commission of the introduction of any more stringent protective measures. A similar …” „… underlying directive, but this link to EEA law will be broken in cases where the national rules are deemed to …”

Ronny Gjendemsjø Article 58 [Cooperation between the ESA and the Commission] S. 566-568

„… law of at least three EU Member States and at least one EFTA State. It is important to be aware that …” „… der the control of ESA, the concentration shall be subject to the same rules as if it had an EU …” „… dimension, pursuant to the incorporation of Reg. 139/2004 into Annex XIV, and the SCA Protocol 4, chapter V …”

Per Christiansen Article 46 [Exchange of views and information] S. 497-500

„… and to limit the public debt. EU law in general may also restrict Member States’ competence in …” „… contributions to the text. 1 Norberg et al., EEA Law, 1993, p. 478. PART II: The Agreement on the European …” „… the EEA Joint Committee No. 198/2016 to 206/2016 of 30 September 2016. 8 Norberg et al., EEA law, p …”

Gunnar Thor Pétursson Article 27 [Provisions concerning coal and steel products] S. 367-369

„… effect were to be abolished. Furthermore, Art. 3 prohibits the introduction of any restrictions or …” „… nationals of that State laid down by law, regulation or administrative action; (d) to remain in the …” „… the safeguard provisions found in Arts. 112-114 EEA also apply to the fisheries sector. Some …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 2 [Definitions] S. 176-180

„… the EFTA Court nor any other Court of law has the power to quash amendments to the Annexes done by the …” „… to achieve homogeneity of EU and EEA law, the same interpretative approach should be applied when …” „… to be aware of the hierarchy between primary and secondary law.3 An important consequence of the …”

Pål Wennerås Article 3 [Relevance of ECJ case law] S. 980-984

„… duty to act against breaches of EEA law). The very fact that the EFTA States may challenge ESA …” „… EU Commission), Art. 3 (duty to take ECJ case-law into consideration in the interpretation and …” „… application of EEA law), and Art. 24 and 25 (duty to issue competition and state aid guidelines corresponding …”

Martin Hennig Article 49 [State aid in the transport sector] S. 518-521

„… notification must be addressed to the EEA Joint Committee. A similar notification procedure is found in EU law …” „… , under which Member States notify the Commission of their intention to impose less favourable conditions …” „… countermeasures to balance out the effects of the deviation. The mere fact that other Contracting Parties can …”

Henrik Bull Article 45 [Role of the Joint Committee in case of protective measures] S. 496-497

„… Standing Committee shall be competent to deliver an opinion regarding the introduction of the measures and …” „… referred to in paragraph 1 shall take place as soon as possible thereafter. 1 See Norberg et al., EEA Law …” „… Art. 43 EEA leaves it to the “Contracting Party” concerned to take measures. On the EFTA side, this …”

Halvard Haukeland Fredriksen Article 114 [Rebalancing measures] S. 889-890

„… and an EU Member State related to parts of EEA law that fall outside the competences of the EU …” „… of the Commission’s EU law competences as regards safeguard measures against third countries …” „… the proportionality of rebalancing measures taken in accordance with Art. 114 can be referred to …”

Ronny Gjendemsjø Article 56 [Distribution of competences between the ESA and the Commission] S. 558-563

„… . I. Introduction Art. 56 defines when it is either ESA or the Commission that has the competence to …” „… the ECJ. Similarly, a damage claim for loss pursuant to a cartel which violates both EU and EEA law …” „… Committee and they are, opposed to regulations and directives in EU law, not considered as secondary law …”

Per Andreas Bjørgan Introduction to Part III Article 22 Monitoring the application of the EEA Agreement S. 1007

„… Agreement and the present Agreement Introduction to Part III As described above, Art. 108 EEA sets out the …” „… obligation of the EFTA States’ to establish an independent surveillance authority and procedures similar to …” „… procedures to be applied in the various areas. However, Part III concerning the EFTA States’ fulfilment of …”

Per Christiansen Article 36 [Action for annulment] S. 1041-1046

„… pleas in law against that decision and to adduce evidence in support of those pleas”.6 Article 36 …” „… law relating to their application, or misuse of powers. Any natural or legal person may, under the …” „… void. I. Introduction to the action for annulment1 Under Art. 36, the EFTA Court may review a decision …”

Ólafur Jóhannes Einarsson Article 36 [Freedom to provide services] S. 450-470

„… incompatible provisions of national law. Under the EFTA Convention, the freedom to provide services is given …” „… , para. 42. Article 36 Freedom to provide services Einarsson 453 10 11 12 It is clear from the case law …” „… movement of services and competition law.28 For present purposes, it is not necessary to take a definitive …”

Christian Jordal, Gjermund Mathisen Article 64 [Dispute resolution] S. 609-612

„… the one under Art. 64. However, in case the diverging interpretations are due to diverging case law …” „… products and to services as specified. I. Introduction Art. 65(1) is the only provision in the Main Part …” „… All GBER aid must be transparent. That is, it must be possible to calculate precisely the gross …”

Halvard Haukeland Fredriksen Article 112 [Safeguard measures] S. 883-888

„… to rebalancing measures under Art. 114 follows from Art. 114(2). 2 Norberg et al., EEA Law, p. 288. 3 …” „… to the low number of substantial cases before the EFTA Court. It is therefore not surprising that …” „… sectorial or regional nature liable to persist are arising, a Contracting Party may unilaterally take …”

Henrik Bull Article 23 [Technical regulations and barriers to trade in wine, product liability] S. 350-356

„… barriers to trade Introduction Through Annex II, EU legal acts concerning harmonisation of technical …” „… restricted to adopting the relevant Com- 2. 1 It follows from consistent case law of the ECJ, also prior to …” „… same effect is currently r consideration. According to ECJ case law,17 Dir. 98/34/EC produces so-called …”

Benedikt Pirker Switzerland and the EEA S. 80-101

„… organisation, are to be considered as law-making or require an implementation by means of federal laws are …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 VI. Case law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 I. Introduction …” „… , partly enables Swiss courts to take into account said case law. At a closer look, there is even a “triple …”

Christoph Vedder The EEA in the Union’s Legal Order S. 101-124

„… Agreement I. Introduction – a reader’s guide to EEA Law …” „… . . . . . . . . . . . . . . . 47 I. Introduction – a reader’s guide to EEA Law The complex and multifaceted picture of EEA law is …” „… distinct from the internal law-making procedures. There is no room in the Treaty law to assume that …”

Karin Fløistad Article 29 [Social security for workers and self-employed persons] S. 385-391

„… . 66-71. 3 See Norberg et al., EEA Law, pp. 418-422. 4 See Annex VI to the EEA Agreement (Social Security …” „… Polydor case,10 of refusing to accept that an interpretation of provisions in EU law can be automatically …” „… 388 Fløistad 9 10 11 III. EFTA Court – social security case law The first steps to develop the EEA …”

Per Christiansen Article 30 [Members] S. 1021-1025

„… held that provisions of EEA law are to be interpreted in light of fundamental rights, and that the ECHR …” „… five-member panel should be set up to screen a nominated candidate’s suitability to perform the …” „… original seven-Judge provision, the Court was to sit in plenary session, but decisions of the Court were …”

Henrik Bull Article 22 [Reduction of customs duties] S. 349-350

„… barriers to trade Introduction Through Annex II, EU legal acts concerning harmonisation of technical …” „… Protocols. On the other hand, a refusal by the EFTA side to agree to an amendment to Protocol 31 …” „… that is needed to take account of changes on the EU side, may be claimed by the EU side to constitute a …”

Per Andreas Bjørgan Article 21 [Annual report] S. 1006-1007

„… Agreement and the present Agreement Introduction to Part III As described above, Art. 108 EEA sets out the …” „… types of cases at any stage of the case. The right to address and be addressed in any EEA official …” „… translation service. Communication in any other language than English may therefore lead to significant delays …”

Marthe Kristine Fjeld Dystland, Ida Sørebø Article 7 [Binding effect and implementation of EU legal acts] S. 248-270

„… EEA Agreement in order to bridge the gap to the EU Treaties. The consequence of this case law, which …” „… be”) applies to Liechtenstein, which constitutionally takes a monistic view on international law. An …” „… law.5 The second option (“or be made, part”) applies to Iceland and Norway, which adhere to dualism …”

Per Christiansen Introduction: Economic and social cohesion in the EU and in the EEA S. 890-891

„… The wording of Art. 114(1) makes it clear that rebalancing measures only apply in relation to the …” „… apply erga omnes. Consequently, rebalancing measures are of little use to a Contracting Party that …” „… suffers indirectly due to the effect that the safeguard measures have on other Contracting Parties, inter …”

Jóhanna Jónsdóttir Article 78 [Areas of cooperation] S. 753-754

„… , consumer protection and the environment) are also covered by Part V on horizontal provisions relevant to …” „… of the Agreement, although, as noted in the introduction, the nature of the cooperation differs as …” „… . According to Art. 84, the provisions governing the cooperation between the Contracting Parties in the …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… prejudice to future developments of case law, the provisions of this Agreement, in so far as they are …” „… with the ECJ case law. Other means of ensuring homogeneity are found in Arts. 105 to 107 EEA concerning …” „… competition law. Neither Art. 6 EEA nor Art. 3(1) SCA refers to the institutional and procedural rules in the …”

Per Andreas Bjørgan Article 13 [Rules of procedure] S. 997-1002

„… proceedings in accordance with Art. 36 SCA.8 In the introduction to the 2008 access rules, ESA stated …” „… Courts, but ESA has continued to base its application of the rules on the case law of the EU courts. Reg …” „… . 133. This appears to be at odds with the Union courts case law, see footnote 17 above. 22 Paras …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Introduction to the Chapter S. 792-793

„… Arts. 300 to 304 TFEU. Chapter 2: The decision making procedure Introduction to the Chapter Chapter 2 …” „… According to the current Rules of Procedure of the EEA Consultative Committee, the committee is …” „… States parties to the EEA Agreement.2 However, two of the Swiss members of the EFTA Consultative …”

Christophe Hillion Article 118 [Extension of the EEA Agreement to new fields] S. 904-912

„… result of the case law of the EFTA Court,8 and to some extent, on the basis of decisions of the EFTA …” „… four freedoms”. 8 The same holds true with respect to the case law of the Court of Justice of the EU …” „… opportunity for the Parties to adjust and amend the law of the EEA.13 Cooperation outside the EEA framework …”

Ronny Gjendemsjø Article 54 [Abuse of a dominant position] S. 546-555

„… according to commercial usage, have no connection with the subject of such contracts. I. Introduction Art …” „… law of the ECJ. Here it was held that the relevant market has to be defined and that a market share of …” „… to an abuse. It should be mentioned that the pending appeal in Intel may change the state of the law …”

Per Christiansen Article 34 [Advisory opinion] S. 1032-1040

„… . Introduction to the advisory opinion procedure1 Art. 34 establishes the EFTA Court’s jurisdiction to give …” „… of EEA law.2 It is the function of the Court to provide guidelines for the interpretation of EEA law …” „… , and then apply EEA law to the facts of the case.3 II. The EFTA Court’s jurisdiction in advisory …”

Christophe Hillion Article 127 [Withdrawal from the EEA Agreement] S. 953-961

„… extend and apply homogeneously the law of the EU internal market to the three EFTA states. Allowing a EU …” „… question admittedly has the competence to do so from a EU law point of view, it might not be able freely to …” „… EU law ceases to apply to the UK, whereas parts of the Agreement not covered by EU law would arguably …”

Christian Jordal, Gjermund Mathisen Article 63 [Specific provisions on State aid] S. 605-609

„… plies where an EFTA State fails to comply with a judgment; ESA may then refer the matter to the …” „… and ESA Art. 62(2) is a specific expression in the field of state aid of the EEA law principle of …” „… homogeneity, requiring that the two surveillance authorities cooperate with a view to ensuring uniform …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… products and to services as specified. I. Introduction Art. 65(1) is the only provision in the Main Part …” „… , 13.4.2010, Wall, para. 34. 25 Commission Interpretative Communication on the Community law applicable to …” „… . According to the case law of the EFTA Court and ECJ, the principle of nondiscrimination deriving from Arts …”

Martin Hennig Article 14 [Internal taxation: No fiscal discrimination of imported goods] S. 311-322

„… directly to EEA law. However, the general guidelines concerning the interpretation of Art. 110 TFEU that …” „… exclusively made in France. The ECJ first stated that according to settled case law, the concept of similarity …” „… . One possible explanation is that there is no clear answer in ECJ case law to whether or not books in …”

Halvard Haukeland Fredriksen Article 105 [Homogeneous interpretation of EU and EEA law] S. 825-835

„… Article 105 [Homogeneous interpretation of EU and EEA law] 1. In order to achieve the objective of the …” „… , and maintain, homogeneity between EEA and EC law, the Draft Agreement obliged 1 The EEA Court was to …” „… the EU Member States, thus allowing all of them to express their views on any question of EEA law …”

Dora Sif Tynes Article 94 [The EEA Joint Committee: presidency, meetings, sub-committees and working groups] Functioning of the EEA Joint Committee S. 786-789

„… competence to approve technical adaptations. The EU has traditionally taken a narrow approach as to which …” „… adaptations that are considered of a purely technical nature which in turn leads to most decisions containing …” „… adaptations being submitted to the EU Council for approval.5 The unfortunate delays in the incorporation of …”

Jonas W. Myhre Article 16 [State monopolies of a commercial character] S. 323-335

„… . These provisions shall likewise apply to monopolies delegated by the State to others. I. Introduction …” „… a disadvantage, in law or in fact, in relation to trade in domestic goods.13 Still, even though it …” „… alcoholic beverages from other EEA States is not put at a disadvantage, in law or in fact, in relation to …”

Tron Løkken Sundet Article 68 [Labour law] S. 664-677

„… [Labour law] In the field of labour law, the Contracting Parties shall introduce the measures necessary to …” „… in the period 1994–2016, about 16 cases are related to social policy and labour law. In some areas …” „… the ECJ’s approach to corresponding provisions in EU law, see comments in Section I.2, IV and V below …”

Jóhanna Jónsdóttir Article 79 [Dialogue and consultation] S. 754-757

„… international law to comply with the provisions of the act.11 Moreover, the legal basis for ESA’s infringement …” „… a view to identifying areas and activities where closer cooperation could contribute to the …” „… attainment of their common objectives in the fields referred to in Article 78. 2. They shall, in particular …”

Ingvald Falch Article 4 [Non-discrimination on grounds of nationality] S. 196-209

„… and state of EEA law over time. The specific obligations flowing from Art. 3 therefore appear to …” „… particular idiosyncrasies of EEA law as compared to EU law, the principle also seems even more important in …” „… EEA law, by making accomplices of the Contracting Parties to the Agreement in the regulation of the …”

Christian Jordal, Gjermund Mathisen Article 61 [Prohibition of state aid, exemptions] S. 585-598

„… aid Introduction State aid is defined in Art. 61(1). This part of Art. 61 is parallel to the first …” „… law as to public and private ownership. However, the MEO principle has a wider application in that it …” „… the field of competition law, is not required. It is therefore not necessary to define the market or …”

Henrik Bull Article 40 [Free movement of capital] S. 473-488

„… . 43. As EEA law does not entail an obligation to introduce direct effect and primacy in the same way …” „… regard to the relation between national law and international obligations are under a duty pursuant to …” „… invested. This an echo of what the ECJ has stated generally with regard to free movement and tax law.11 The …”

Peter-Christian Müller-Graff Article 34 [Right of establishment for companies] S. 434-450

„… EEA law and other national rules, the EFTA States shall introduce a statutory provision to the effect …” „… are certainly differences between the two cases; in Holship international law is pleaded to evade …” „… application of EEA law rights would be to dismiss the relevance of international law in both instances …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… obstruct the performance, in law or in fact, of the particular tasks assigned to them. The development of …” „… ‘ordinary’ international treaty pursuant to public international law and does not transfer any legislative …” „… Greek law entrusted the national broadcasting company, ERT, with a monopoly to broadcast, and an …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… prohibited. Introduction Article 4 provides the fundamental right in EEA law to equal treatment irrespective …” „… will be immediately familiar to those acquainted with EU law, as largely mirroring the specific duties …” „… law principle of pacta sunt servanda – such as where Art. 3 is used to play a “gap-filling” role in …”

Jóhanna Jónsdóttir Article 80 [Forms of cooperation] S. 757-763

„… noted, Part VI serves a different function to Parts II-V and, as such, the nature of the acts …” „… included in Protocol 31 are generally intended to provide a legal base for enabling cooperation between the …” „… do not usually require legislative or regulatory change at national level and are rarely subject to …”

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Gerhard Robbers

An Introduction to German Law

Series: NomosStudium

Volume 2019

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Titelei/Inhaltsverzeichnis S. 1-14

„… NomosStudiumAn Introduction to German LawNomosSeventh editionRobbersNomosNomosStudiumAn …” „… Introduction to German LawSeventh editionProf. Dr. Gerhard Robbers University of TrierBUT_Robbers_3415-3_7 …” „… Service Lawg) 89The Law Relating to Cultural Administrationh) 90Media Lawi) 93Traffic Lawj) 95Social …”

C. Criminal Law S. 111-147

„… contradiction of the law.In exceptional cases such an act may nevertheless be lawful due to some ground of …” „… at-tempted to organise criminal law on the basis of reason. In this way the criminal lawfound a basis in the …” „… condemnation is reserved to the criminal law.Literature:Thomas Fischer, Strafgesetzbuch und Nebengesetze, 66 …”

A. General Structures S. 15-31

„… lawyer.A qualified lawyer is expected in principle to be competent to deal with every aspect ofthe law …” „… powers.Relationship to European and International LawThe law of the European Union is an independent legal system …” „… deci-sions have the force of statute law.However, it would be a distortion of the practical reality to look …”

D. Private Law S. 148-252

„… law.Nevertheless, the law relating to declarations of will remains a central anchor pointfor the understanding of …” „… , the development of a common German private law is linked to the reception ofRoman law between the 13th …” „… Emperor Justinian (527-565) organised a project to summarisethe law as recognised in his time in the …”

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Gerhard Robbers

An Introduction to German Law

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Volume 2017

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Titelei/Inhaltsverzeichnis S. 1-13

„… NomosStudium An Introduction to German Law Nomos Sixth edition Robbers Nomos NomosStudium An …” „… Introduction to German Law Sixth edition Prof. Dr. Gerhard Robbers University of Trier BUT_Robbers_3415-3_6 …” „… Substantive and Adjective Lawb) 17 Relationship to European and International Lawc) 17 Sources of Law3. 18 …”

C. Criminal Law S. 111-147

„… . The detailed and systematic Roman law was conducive to the creation of a class of secular lawyers and …” „… , legality and the right of the individual. Like all state laws, criminal law became secularised to a …” „… who has the duty to help him or her to lead a law-abiding life. However, the court may also impose a …”

A. General Structures S. 15-31

„… approve the various treaties. With respect to secondary Union law, in other words the laws promulgated by …” „… development and concretisation of the law, so that the contrast to the Anglo-American tradition is less sharp …” „… than it is often said to be. Like most other Continental European legal systems, German law is to this …”

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Gerhard Robbers

An Introduction to German Law

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Volume 2012

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Titelei/Inhaltsverzeichnis S. 1-13

„… NomosStudium An Introduction to German Law Nomos Fifth edition Robbers Nomos NomosStudium An …” „… Introduction to German Law Fifth edition Prof. Dr. Gerhard Robbers University of Trier BUT_Robbers_7612-5 …” „… ) 17 Relationship to European and International Lawc) 17 Sources of Law3. 18 Statutory Instrumentsa) 18 …”

Criminal Law S. 108-143

„… . The detailed and systematic Roman law was conducive to the creation of a class of secular lawyers and …” „… individual. Like all state laws, criminal law became secularised to a significant extent in this period, in …” „… the supervision of a probation officer who has the duty to help him or her to lead a law-abiding life …”

General Structures S. 14-30

„… to secondary Union law, in other words the laws promulgated by the various organs of the Union, a …” „… development and concretisation of the law, so that the contrast to the Anglo-American tradition is less sharp …” „… than it is often said to be. Like most other Continental European legal systems, German law is to this …”

doi.org/10.5771/9783845262796

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