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Lisa Goran, David F. Bateman - Related Services in Special Education

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Lisa Goran, David F. Bateman

Related Services in Special Education

2023

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Chapter 1 Related Services S. 1-20

„… 1Chapter OneRelated ServicesDefinition, Purpose, and OverviewChapter OneRelated ServicesDEFINITION …” „… related-service provider attend the meeting is preferable, especially when discussing related services.CostWhat is …” „… reference guide for related services.Art TherapyArt therapy is a distinct discipline that incorporates …”

Chapter 6 Roles of Related Service Providers S. 97-114

„… the various related services.With External Service ProvidersJust as you would want the related-service …” „… 97Chapter SixRoles of Related-Service ProvidersChapter SixRoles of Related-Service ProvidersHere it …” „… special education case manager responsible for coordinating related services from providers she never saw …”

Chapter 4 Transportation as a Related Service S. 53-80

„… 53Chapter FourTransportation as a Related ServiceChapter FourTransportation as a Related …” „… child’s attendance.School Attending, District, Case Manager, Related Services, Level of Support: This may …” „… : _____________________________________________________Case manager: ________________________________________________Related services …”

Chapter 7 Recommended Resources S. 115-128

„… servicesStatute/Regs Main » Regulations » Part B » Subpart A » Section 300.34Sec. 300.34 Related servicesa. General …” „… again.Related-Service Words of Advice1. General Educators and Related ServicesBecause most students with disabilities …” „… necessary. Make sure they attend and are able to participate.2. General Education and Related ServicesTo …”

Chapter 2 Requirements and Considerations S. 21-40

„… 21Chapter TwoRequirements and Considerations of Related ServicesChapter TwoRequirements and …” „… Considerations of Related ServicesThe first chapter provides an overview of related services, with definitions …” „… sections. We start our discussion with 12 tips when considering related services for eligible students …”

Chapter 3 Types and Examples S. 41-52

„… 41Chapter ThreeTypes and Examples of Related ServicesChapter ThreeTypes and Examples of Related …” „… ServicesAs described in chapter 1, the term related services covers a broad array of supports and services …” „… education administrator.44 Chapter ThreePHYSICAL SERVICESMany related services are connected to physical …”

Preface

„… Related Services in Special EducationSPECIAL EDUCATION LAW, POLICY, AND PRACTICESeries …” „… Common Good: People, Politics, Process, and Policy on Capitol Hill by Jane E. WestRelated Services in …” „… Special Education: Working Together as a Team by Lisa Goran and David F. BatemanRelated Services in …”

Appendix B S. 135-140

„… 135Appendix BSupreme Court Cases Involving Related ServicesAppendix B: Supreme Court CasesAppendix …” „… argued that CIC is one such related service and in-voked Section 504 of the Rehabilitation Act of 1973 …” „… appropriate public education is explicitly defined as “special educa-tion and related services.” The term …”

Index S. 147-152

„… Handicapped Act; specific related servicesinformal collaboration, 100–101interpreting services, 12, 120 …” „… related services; specific related servicesresources for related services: advice about, 123–26; books …” „… , 66–67. See also counseling services; psychological servicesboard-certified behavior analyst (BCBA …”

Chapter 5 Health Care Supports S. 81-96

„… 81Chapter FiveHealth Care Supports as a Related Service with Kristin C. WikelChapter FiveHealth …” „… Care Supports as a Related ServiceMany students who have been identified as eligible for special …” „… education and related services may also have medical or health needs that must be addressed through health …”

Key Terms S. 141-144

„… a task.142 Key Termsconsultation: related-service providers provide training to educators who work …” „… who can interpret the evaluation re-sults. Others, such as related-service providers, should be …” „… only be provided by a licensed physician; exempt from the definition of related services, unless needed …”

Appendix A S. 129-134

„… attending her local elementary school. She is eligible for special education and related services under …” „… school and participate fully as a direct result of the re-lated services she receives. Without the …” „… multiple-paragraph text with organized supporting details.Questions to ConsiderWhat are the related services Saraiah …”

doi.org/10.5771/9781538168844

Reiner Schulze - Common European Sales Law (CESL)

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Reiner Schulze (ed.)

Common European Sales Law (CESL)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

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Article 23 Duty to disclose information about goods and related services S. 195-200

„… 23 Duty to disclose information about goods and related services 1. Before the conclusion of a …” „… contract for the sale of goods, supply of digital content or provision of related services by a trader to …” „… information concerning the main characteristics of the goods, digital content or related services to be …”

Article 156 Requirement of notification of lack of conformity in related service contracts between traders S. 668-669

„… art 156. Article 156 Requirement of notification of lack of conformity in related service contracts …” „… between traders 1. In a related service contract between traders, the customer may rely on a lack of …” „… nature of the lack of conformity. The time starts to run when the related service is completed or when …”

Article 152 Obligation to warn of unexpected or uneconomic cost S. 661-664

„… the consent of the customer to proceed if: (a) the cost of the related service would be greater than …” „… already indicated by the service provider to the customer; or (b) the related service would cost more than …” „… the value of the goods or the digital content after the related service has been provided, so far as …”

Article 147 Application of certain general rules on sales contracts Zoll/Watson S. 653-655

„… Part V Obligations and remedies of the parties to a related service contract Chapter 15 Obligations …” „… terminated any related service contract is also terminated. A. Function Part V concerns the specific …” „… obligations and remedies of the parties to a related service contract (cf art 2[m] RegCESL[P]).1 As can be …”

Article 5 Contracts for which the Common European Sales Law can be used S. 77-86

„… exchange for the payment of a price. (c) related service contracts, irrespective of whether a separate …” „… price was agreed for the related service. Contents A. Function …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Related service contracts (letter c …”

Article 151 Obligation to provide invoice S. 659-661

„… service itself but also ensure that the damage etc does not occur as a consequence of the related service …” „… the content of art 92 in the context of related services could be avoided through better drafting and …” „… price is payable for the related service, and the price is not a lump sum agreed at the time of …”

Article 148 Obligation to achieve result and obligation of care and skill S. 655-657

„… , the service provider must perform the related service with the care and skill which a reasonable …” „… are applicable to the related service. 3. In determining the reasonable care and skill required of the …” „… frequency and the foreseeability of the risks involved in the performance of the related service for the …”

Article 149 Obligation to prevent damage S. 657-659

„… . Paragraph 3 letter a concerns reference to the risks involved in performing the related service. Four …” „… . Paragraph 4 applies to B2C contracts in which the related service includes the installation of the goods …” „… other loss or damage in the course of or as a consequence of the performance of the related service …”

Article 153 Payment of the price S. 664-665

„… price that is payable for the related service in accordance with the contract. 2. The price is payable …” „… when the related service is completed and the object of the related service is made available to the …” „… for the related service. B. Context Paragraph 1 reflects the obligation in art 123(1)(a), whereas …”

Article 155 Remedies of the customer S. 666-668

„… to perform the related service. However, the necessity as well as the extent of the access that is to …” „… terminate the contract for any lack of conformity in the related service provided unless the lack of …” „… contains rules that partially repeat the content of art 106 in relation to the related services and …”

Article 2 Definitions S. 50-67

„… related service provided; Regulation Article 2 Wendehorst 13 13 (j) ‘digital content’ means data which are …” „… service’ means any service related to goods or digital content, such as installation, maintenance, repair …” „… under the sales contract, the contract for the supply of digital content or a separate related service …”

Article 12 Information requirements resulting from the Services Directive S. 109-115

„… . Application concerning related services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 II …” „… as far as both of them apply. Application concerning related services It is, however, a different …” „… 2006/123/EC do in fact apply to related services covered by the CESL (P). a) Theory 1: freedom of services …”

Article 154 Provision of access S. 665-666

„… a ‘related services contract’ may also be part of a sales contract is not acknowledged by the norm …” „… customer’s premises in order to perform the related service the customer must provide such access at …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A. Function In order to perform particular types of related service contracts, eg maintenance or …”

Article 9 Mixed-purpose contracts Schulte-Nölke S. 147-151

„… provision of a related service, the rules of Part IV apply to the obligations and remedies of the parties as …” „… contract, under which both a good is sold (or digital content supplied) and a related service is to be …” „… , one for the sale (or supply of digital content), the other for a related service. This case is …”

Article 45 Obligations of the consumer in the event of withdrawal S. 278-284

„… made an express request for the provision of related services to begin during the withdrawal period …” „… liable for the cost for: (a) the provision of related services, in full or in part, during the withdrawal …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 IV. Related services …”

Article 168 Rate of interest and accrual S. 704-708

„… or provision of related services without being excused by virtue of Article 88, interest is due at …” „… the date of receipt of the goods, digital content or related services, if the date provided for in …” „… equivalent request for payment. 3. Where conformity of goods, digital content or related services to the …”

Article 137 Scope of right to terminate S. 630-633

„… the termination of a related services contract. III. Scope of application Art 137 applies to all …” „… 7 If such a contract is combined with a related services contract, art 147(2) provides that the …” „… related services. This deviates for more general rules in art 9(2)–(4), which specifically govern the …”

Article 126 Time of payment S. 584-589

„… ), payment by third parties (art 127) and imputation of payment (art 128). For services related to the sale …” „… service is completed and the object of the related service is made available to the customer’). III. Scope …” „… related service is completed and the object of the related service is made available to the customer …”

Article 46 Ancillary contracts S. 284-288

„… acquires goods, digital content or related services in connexion to a distance contract or an off-premis …” „… 247 22 23 24 es contract and these goods, digital content or related services are provided by the …” „… contract) and arranges for the computer to be serviced by the seller on a regular basis (related services …”

EXPLANATORY MEMORANDUM Explanatory Memorandum S. 788-817

„… content and provision of related services. Article 4 sets out the territorial scope of the Regulation …” „… goods and supply of digital content and related services, such as installation and repair. Article 6 …” „… related services contract’ concerns cases where a seller provides, in close connection to a contract of …”

Article 19 Distance contracts: additional information and other requirements S. 185-189

„… of the goods, digital content or related services, as required by point (a) of Article 13(1); (b) the …” „… provision of the related service begins, unless the 4 Cf art II.–3:106(4) DCFR. Article 19 Common European …” „… provision of related services before expiry of the withdrawal period there is also a requirement that there …”

Article 6 Exclusion of mixed-purpose contracts and contracts linked to a consumer credit S. 86-90

„… training, which cannot be provided as related services under the CESL (P). The trader must therefore make a …” „… digital content and the provision of related services within the meaning of Article 5. 2. The Common …” „… goods, digital content or related services of the same kind are supplied on a continuing basis and the …”

Article 42 Withdrawal period S. 265-269

„… related services; (b) the day on which the consumer has taken delivery of the last item in the case of a …” „… , including a contract under which the seller also agrees to provide related services; (c) the day on which …” „… related services; (d) the day on which the consumer has taken delivery of the first item where the …”

Article 13 Duty to provide information when concluding a distance or off-premises contract S. 164-171

„… information on the main characteristics of the goods, digital content or related services in all B2B contracts …” „… or related services to be supplied, to an extent appropriate to the medium of communication and to …” „… the goods, digital content or related services; (b) the total price and additional charges and costs …”

Article 157 Remedies of the service provider S. 669-670

„… of the article – stating the scope of application of the article: to related service contracts (art 2 …” „… (P), in particular the positioning of the provisions on related services, necessitates a …” „… performance of the related service is no longer required. 2. Where notice is given under paragraph 1: (a) the …”

Article 150 Performance by a third party S. 659

„… service itself but also ensure that the damage etc does not occur as a consequence of the related service …” „… the content of art 92 in the context of related services could be avoided through better drafting and …” „… price is payable for the related service, and the price is not a lump sum agreed at the time of …”

Article 158 Customer’s right to decline performance S. 670-672

„… The structure of the CESL (P), in particular the positioning of the provisions on related services …” „… performance of the related service is no longer required. 2. Where notice is given under paragraph 1: (a) the …” „… service provider no longer has the right or obligation to provide the related service; and (b) the …”

ANNEX II STANDARD INFORMATION NOTICE Standard Information Notice S. 786-788

„… . If the trader has not performed a related service as promised in the contract, you have similar …” „… to provide the related service, 2) not paying the price until you get the related service supplied …” „… get a refund, except if the failure in providing the related service is very small. Period to claim …”

Article 146 Goods sold in transit S. 650-653

„… Zoll/Watson 615 Part V Obligations and remedies of the parties to a related service contract Chapter 15 …” „… is terminated any related service contract is also terminated. A. Function Part V concerns the …” „… specific obligations and remedies of the parties to a related service contract (cf art 2[m] RegCESL[P]).1 …”

Appendix 2 Model withdrawal form S. 784-786

„… content/for the provision of the following related service* – Ordered on*/received on* – Name of consumer(s …” „… price until you get the product without defects. If the trader has not performed a related service as …” „… choice between 1) asking the trader again to provide the related service, 2) not paying the price until …”

Article 18 Off-premises contracts: additional information requirements and confirmation S. 182-185

„… ability to exercise the right of withdrawal. In the case of provision of related services before expiry of …” „… . Paragraph 2 concerns the need for a request before related services begin during the withdrawal period. This …” „… . Consumers must make an express request on a durable medium if they want related services to begin within the …”

Article 16 Information about the contract terms S. 176-179

„… to perform the related services; (b) where applicable, the duration of the contract, the minimum …” „… of related services. This may involve giving the name of the logistics company responsible for the …” „… perform related services must also be stated. This seems to refer to the last date when the goods will be …”

Article 1 Objective and subject matter S. 38-50

„… and for related services where the parties to a contract agree to do so. 2. This Regulation enables …” „… money that is due in exchange for goods sold, digital content supplied or a related service provided …” „… fundamental freedoms, such as the freedom to provide goods and services, and represent a barrier to the …”

Article 40 Right to withdraw S. 247-260

„… home, residence or workplace; (c) a contract for the supply of goods or related services for which the …” „… public auction; and (i) a contract for catering or services related to leisure activities which provides …” „… urgent repairs or maintenance. Where on the occasion of such a visit the trader provides related services …”

Article 84 Contract terms which are always unfair S. 423-426

„… trader the exclusive right to determine whether the goods, digital content or related services supplied …” „… or related services not actually delivered, supplied or rendered; (k) determine that non-individually …” „… consumer to pay for goods, digital content or related services not actually delivered or rendered (art 84[j …”

Article 101 Incorrect installation under a consumer sales contract S. 513-516

„… provisions on the related services (Chapter 15),2 although not all configurations covered by art 101 may be …” „… related service (art 2[m] RegCESL [P]). The mixed contracts with the sales-and-installation component will …” „… related services (Chapter 15). It is, however, not a necessary constellation. Art 101 is also applicable …”

Appendix 1 Model instructions on withdrawal S. 780-784

„… of a related service contract or a contract for the supply of water, gas or electricity, where they …” „… a contract for the provision of related services insert the following: ‘If you requested to begin …” „… the performance of related services during the withdrawal period, you shall pay us an amount which is …”

Article 15 Information about the identity and address of the trader S. 174-176

„… the trader. One should remember that under art 2(m) RegCESL (P), a ‘related service’ has to be …” „… content or performance of the related services and the time by which the trader undertakes to deliver the …” „… goods, to supply the digital content or to perform the related services; (b) where applicable, the …”

Article 20 Duty to provide information when concluding contracts other than distance and off-premises contracts S. 189-193

„… from the context: (a) the main characteristics of the goods, digital content or related services to be …” „… related services; (b) the total price and additional charges and costs, in accordance with Article 14(1 …” „… of the main characteristics of the goods, digital content or related services (cf art 13 no 11). The …”

Titelei/Inhaltsverzeichnis S. 1-17

„… first time open the possibility to market and purchase goods, digital content and related services in …” „… Duty to disclose information about goods and related services …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 146 613 Part V Obligations and remedies of the parties to a related service contract Chapter 15 …”

Article 77 Contracts of indeterminate duration S. 404-408

„… goods and the provision of related services tend to consist of a single transaction. If they extend …” „… digital contents and to contracts for related services where the parties have involuntarily failed to …” „… delivery of goods such as coffee or beer), and possibly also comprehend (related) service contracts, eg for …”

Article 105 Relevant time for establishing conformity S. 524-527

„… apply to other related services contracts. It is unclear whether by stressing the word ‘sales’, the …” „… of supply of digital content and the related services from its scope of application. Such confinement …” „… . Probably such presumption is not needed. Also in the case of related services, lack of conformity has …”

Article 4 Cross-border contracts S. 71-77

„… exchange for the payment of a price. (c) related service contracts, irrespective of whether a separate …” „… price was agreed for the related service. Contents A. Function …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 III. Related service contracts (letter c …”

Article 41 Exercise of right to withdraw S. 260-265

„… related services; (b) the day on which the consumer has taken delivery of the last item in the case of a …” „… , including a contract under which the seller also agrees to provide related services; (c) the day on which …” „… related services; (d) the day on which the consumer has taken delivery of the first item where the …”

Article 44 Obligations of the trader in the event of withdrawal S. 273-278

„… to the payment made for goods, related services or digital content but also to – depending on the …” „… (Part IV) or contracts for related services (Part V), whereas only the rules on damages and interest …” „… withdrawal after having made an express request for the provision of related services to begin during the …”

Introduction to arts 13–29 Howells/Watson S. 162-164

„… or related services in all B2B contracts (art 23). In the consumer context there is no one general …” „… : (a) the main characteristics of the goods, digital content or related services to be supplied, to an …” „… extent appropriate to the medium of communication and to the goods, digital content or related services …”

Article 22 Mandatory nature S. 194-195

„… information about goods and related services 1. Before the conclusion of a contract for the sale of goods …” „… , supply of digital content or provision of related services by a trader to another trader, the supplier …” „… main characteristics of the goods, digital content or related services to be supplied which the …”

Article 173 Payment for monetary value S. 728-741

„… recipient without destruction or damage until that date. 3. Where a related service contract is avoided or …” „… terminated by the customer after the related service has been performed or partly performed, the monetary …” „… value of what was received is the amount the customer saved by receiving the related service. 4. In a …”

Article 85 Contract terms which are presumed to be unfair S. 426-430

„… money paid for related services not yet supplied in the case where the trader withdraws from or …” „… unilaterally without a valid reason any characteristics of the goods, digital content or related services to be …” „… related services is to be determined at the time of delivery or supply, or allow a trader to increase the …”

Article 178 Rights subject to prescription S. 759-762

„… related services only (art 5 RegCESL [P]). The wording of the parallel articles in the UNIDROIT PICC6 and …” „… related services requested and provided before the consumer’s withdrawal from a distance or off-premises …” „… conformity required in related service contracts between traders within a reasonable time from …”

Article 17 Information about rights of withdrawal when concluding a distance or off-premises contract S. 179-182

„… right of withdrawal after having made a request for the provision of related services to begin during …” „… particular to the contract he has concluded, eg that if he has requested the provision of a related service …” „… the provision of related services to begin during the withdrawal period provided for in Article 42(2 …”

Article 88 Excused non-performance S. 445-452

„… introduces – in relation to ‘related services’ – a distinction between the debtor’s obligations to achieve a …” „… applicable to the related service (art 148[2]). This formulation means that the obligation of skill and care …” „… of related services. It can be argued, however, that this distinction may matter in cases of every …”

Article 167 Interest when the debtor is a consumer S. 698-704

„… goods, digital content or related services, if the date provided for in point (a) is earlier or …” „… payment. 3. Where conformity of goods, digital content or related services to the contract is to be …” „… of digital content or provision of related services, unless the parties expressly agree otherwise and …”

Article 3 Co-operation S. 128-131

„… related service contract). However, since it is conceivable that situations arise in which the parties …” „… have agreed to opt into the CESL (P), but have not yet concluded a sales (and related service) contract …” „… has its main field of application in the area of services and less so for sales.1 In the CESL (P), the …”

Article 169 Compensation for recovery costs S. 708-711

„… European Sales Law (P) 672 Možina 1 2 3 4 tent, or related services. A delay in payment of other monetary …” „… nature of the goods, digital content or related service. 2. For the purpose of paragraph 1, a contract …” „… contract, a broad interpretation of the obligation to pay the price for goods and services may be …”

Article 170 Unfair contract terms relating to interest for late payment S. 711-715

„… circumstances of the case, including the nature of the goods, digital content or related service. 2. For the …” „… , including the nature of the goods, digital content and related services. If the assessment of the fairness …” „… , the supply of digital content or the provision of related services. 6 Cf also Pfeiffer, (2011) ERPL …”

Article 11 Consequences of the use of the Common European Sales Law S. 105-109

„… fulfilled before conclusion of the sales contract (and any related service contract) also ‘contract’ must …” „… . Application concerning related services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 II …” „… Services Directive This Regulation is without prejudice to the information requirements laid down by …”

Article 172 Restitution on avoidance or termination S. 716-728

„… destruction or damage until that date. 3. Where a related service contract is avoided or terminated by the …” „… customer after the related service has been performed or partly performed, the monetary value of what was …” „… received is the amount the customer saved by receiving the related service. 4. In a case of digital content …”

Article 92 Performance by a third party S. 473-477

„… a similar rule in art 150 concerning related services, although the main principle (paragraph 1) is …” „… related services. It is quite likely that in both categories there could be a need for personal …” „… formulated slightly differently: ‘A service provider may entrust performance to another person, unless …”

Article 48 Mistake S. 291-301

„… related services of a trader. Furthermore, it cannot be ruled out completely that a party may avoid a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2. Mistakes regarding the attributes or qualities of the goods or services …” „… on statements of intent. Furthermore, the provisions on intent are closely related to those on …”

Article 14 Information about price and additional charges and costs S. 171-174

„… Article 13(1) must include: (a) the total price of the goods, digital content or related services …” „… , inclusive of taxes, or where the nature of the goods, digital content or related services is such that the …” „… the Distance Marketing of Consumer Financial Services Directive.2 In the Doorstep Selling Directive …”

Article 91 Main obligations of the seller S. 469-473

„… 131–139).4 5 By the regulation of the related services, the whole set of rules will be put into one chapter …” „… separate sections (Sections 2 and 3). The remedies in cases of related services are regu- 1 Cf Chapter 2 …” „… (Chapter 15, cf arts 147– 158), but the obligations of the service provider and customer are governed in …”

Article 128 Imputation of payment S. 595-602

„… related services of the same kind are supplied on a continuing basis and the consumer pays for such goods …” „… , digital content or related services for the duration of the supply by means of instalments’ (art 6[2 …” „… 10 11 12 13 to combine in one choice the full service of one or several debts with the part …”

Article 160 General measure of damages S. 676-682

„… goods, the supply of digital content and related services, whereas the DCFR represents general contract …” „… content, or related services are delivered but are non-conforming (defective), the amount of damages can …” „… expenses incurred and not related to the realisation of the expectation interest, but to avoid any …”

Article 109 Cure by the seller S. 532-540

„… related service contract (art 155[2]). In this case, the service provider may force the consumer to accept …” „… provider/seller cannot benefit from the right to cure. In the case of related services, the existence of the right …” „… the cure. This exception is again modified in the case of installation (art 155[3]), where the service …”

Article 123 Main obligations of the buyer Dannemann S. 570-574

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IV. Taking delivery of digital services …” „… of summarising in one provision the main obligations of the party who pays for goods or services is …” „… goods or services. C. Explanation Art 123 operates by default. As this provision is not mandatory …”

Article 8 Termination of a contract Zoll S. 145-147

„… digital content and for the provision of a related service, the rules of Part IV apply to the obligations …” „… apply to the obligations and remedies of the parties as service provider and customer. 2. Where, in a …” „… contract falling under paragraph 1, the obligations of the seller and the service provider under the …”

Article 1 Freedom of contract Schulte-Nölke S. 122-126

„… the conclusion of the sales contract (and, as the case may be, the related service contract), the …” „… Services Directive – no obligation to contract . . . . . . . . . . . 5 III. Mandatory and non-mandatory …” „… negotiations risks, among others, a claim for damages under art 2(2). II. Relation to the Services Directive …”

Article 90 Extended application of rules on payment and on goods or digital content not accepted S. 463-469

„… 131–139).4 5 By the regulation of the related services, the whole set of rules will be put into one chapter …” „… separate sections (Sections 2 and 3). The remedies in cases of related services are regu- 1 Cf Chapter 2 …” „… (Chapter 15, cf arts 147– 158), but the obligations of the service provider and customer are governed in …”

Article 174 Payment for use and interest on money received S. 741-747

„… , for art 174(2)(a). In contrast, art 174(2)(b) also covers contracts regarding related services or …” „… for their use. It does not cover related services, which can be easily explained as their ‘use’ in the …” „… should be the same for goods, services and digital content. The starting point must be the market value …”

Article 43 Effects of withdrawal S. 269-273

„… cost of the good or the related service. Correspondingly, the trader does not have to deliver the goods …” „… , perform the related service or supply the digital content. In addition, if a part of the performance has …”

Article 83 Meaning of ‘unfair’ in contracts between a trader and a consumer S. 419-423

„… trader the exclusive right to determine whether the goods, digital content or related services supplied …” „… or related services not actually delivered, supplied or rendered; (k) determine that non-individually …”

Article 80 Exclusions from unfairness test S. 415-417

„… values or between the price of the related service and its value cannot in general be considered unfair …” „… of the contract and to the adequacy of the price and remuneration against the services or goods …” „… creates an economic imbalance between the price to be paid and the value of the good or service to be …”

Article 117 Scope of right to terminate S. 559-560

„… the sales contract on the related service (cf art 137 no 7). In relation to mixed contracts art …” „… items, the non-performance related to this item would justify the termination of the contract as whole …”

Article 69 Contract terms derived from certain pre-contractual statements S. 374-380

„… ) for contracts on related services, where, however, it is missing. Because of its function, art 69 is …” „… to define the supplier’s liability in case of non-conformity of the goods or services. Art 100(f …” „… limited to the party supplying goods or services, which – given the exclusion of C2C contracts from the …”

Article 93 Place of delivery S. 477-482

„… place of performance, in particular in contracts of sale with the related services – eg the place of …” „… party. The contract of transportation of the goods is, however, excluded from the definition of ‘related …” „… service’ (art 2[m] RegCESL[P]). According to art 6(1) RegCESL (P), the mixed contracts consisting of the …”

Article 166 Interest on late payments S. 692-698

„… the moment of delivery (cf art 126[1]). In the case of a related service contract the payment is due …” „… /EU) only for payments for goods and services in commercial contracts. This Directive has largely …” „… pay the price of goods and services, but also to other monetary obligations between the parties, such …”

Article 186 Agreements concerning prescription S. 777-780

„… Insert one of the following texts between inverted commas here: a) in the case of a related service …” „… the applicable prescription rules. In addition to concerns related to debtor and consumer protection …”

Article 49 Fraud S. 301-309

„… the main characteristics of the goods, digital content or related services; thus it only addresses …” „… content sold or the related services themselves, eg the age, material or origin of a good. The …”

Article 71 Additional payments in contracts between a trader and a consumer S. 385-388

„… . Substantively, the provision applies to sales contracts as well as contracts on related services. B. Context Art …” „… have no direct connection to the contract at hand, but also to services like shipment or guarantees …”

Article 13 Member States’ options S. 115-118

„… /EC would apply in almost every case of a related service, and there is no justification for not …” „… out a detailed description of the service he provides. D. Criticism The information requirements under …”

Article 89 Change of circumstances S. 452-463

„… of related services (art 155[2]) except for the incorrect installation (art 155[3]). The protection …” „… related services). The consumer’s right to withdraw from the contract is limited to off-premises and …” „… circumstances related directly to the content of the contractual obligation, which means that the infringement …”

List of Cases S. 34-38

„… fundamental freedoms, such as the freedom to provide goods and services, and represent a barrier to the …” „… costly compared to domestic trade. Contract-law-related barriers are thus a major contributing factor in …” „… achieve if it were possible to market goods and services on the basis of one 1 OJ C , , p . 2 OJ C , , p …”

Article 96 Seller’s obligations regarding carriage of the goods S. 490-494

„… argued that art 96 covers only the situation of the seller who is not obliged to render the service of …” „… previous obligation to conclude the necessary contracts related to the carriage. The seller has to arrange …” „… not extend the usual fees available on the market for the comparable service. This same rule applies …”

Article 121 Examination of the goods in contracts between traders S. 565-566

„… exceeding 14 days from the date of delivery of the goods, supply of digital content or provision of related …” „… services. 2. If the contract involves carriage of the goods, examination may be deferred until after the …”

Article 120 Right to reduce price S. 563-565

„… delivery of the goods, supply of digital content or provision of related services. 2. If the contract …”

Article 36 Time limit for acceptance S. 233-235

„… and related services contracts (art 5 RegCESL [P]). Offers relating to complex contracts (eg for the …”

Article 116 Termination for anticipated non-performance S. 557-559

„… the sales contract on the related service (cf art 137 no 7). In relation to mixed contracts art …”

Article 185 Effects of prescription S. 775-777

„… the goods according to art 133. This also applies to the customer’s and the service provider’s right …” „… the applicable prescription rules. In addition to concerns related to debtor and consumer protection …”

Article 57 Choice of remedy S. 337-340

„… related service contract and respective remedies under arts 155 et seq. The function of art 57 is to give …”

Article 179 Periods of prescription S. 762-764

„… notification of lack of conformity required in related service contracts between traders within a reasonable …”

Article 127 Payment by a third party S. 589-595

„… services related to the sale of goods, yet no similar provision exists for the sale of goods or digital …” „… by the Payment Services Directive. The buyer’s obligations Article 127 Dannemann 553 1 2 3 4 5 6 III …”

Article 129 Taking delivery S. 602-605

„… delivery, art 94 the method of delivery, art 95 the time of delivery. Under the related provision of art …” „… 153, a service provider must be given access to the customer’s premises at reasonable hours. III …”

Article 9 Standard Information Notice in contracts between a trader and a consumer S. 99-102

„… content or the provision of related services), and not to the agreement to use the CESL (P).3 There is …”

Article 122 Requirement of notification of lack of conformity in sales contracts between traders S. 566-570

„… related to the promised fitness of the goods or digital content. The two year period starts with the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IV. Taking delivery of digital services …”

Article 68 Contract terms which may be implied S. 371-374

„… specifically regulated (sales and related services), the need to imply terms will rarely arise, if at all …”

Article 87 Non-performance and fundamental non-performance S. 433-445

„… of related services (except installation) may the obligation be cured even in consumer contracts (art …” „… buyer in art 123, obligations of the service provider (in addition to the obligations of the seller) in …” „… non-conformity of the digital content with the contract. There are only some adjustments related to the special …”

Article 7 Parties to the contract S. 90-94

„… related services is a trader. Where the buyer, user or customer is a consumer, the CESL (P) is available …”

Article 3 Optional nature of the Common European Sales Law S. 67-71

„… supply of digital content and for the provision of related services within the territorial, material and …”

Article 8 Agreement on the use of the Common European Sales Law S. 94-99

„… supply of digital content or related service contract is itself a contract. This means that we have to …”

Article 67 Usages and practices in contracts between traders S. 366-371

„… specifically regulated (sales and related services), the need to imply terms will rarely arise, if at all …”

Article 97 Goods or digital content not accepted by the buyer S. 494-500

„… take delivery also creates additional duties of the seller (art 97[1]) related to the protection and …” „… duty to preserve and protect is by its nature similar to the service of the maintenance in the sense of …”

doi.org/10.5771/9783845265469

Gaby Umbach - Intent and Reality of the European Employment Strategy

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Gaby Umbach

Intent and Reality of the European Employment Strategy

Series: Studies on the European Union

Volume 1 2009

Results in this title

The Social Partners: The EES-related Supranational Social Dialogue – Real Integration or Just Friendly Lip Service? S. 256-263

„… being able to profoundly impact on the EES. 4.1.4 The Social Partners: The EES-related Supranational …” „… Social Dialogue – Real Integration or Just Friendly Lip Service? From 1970 to 2002, the SCE was the main …” „… topics of discussion were related to the social and economic objectives of the EU set out in the EGs and …”

The ‘Stand-Alone’ EES (1997/98-2002): Autonomous Europeanisation Power and Embeddedness of its ‘Policy ID’ into German Traditions? S. 356-392

„… Service (FES) (cf. Federal Republic of Germany 1998:16). In line with these government priorities, the …” „… the economy and the labour market; and • further development of the service sector and the capital …” „… allowances (Arbeitnehmerhilfe) reimburse costs related to the take-up of work, such as new working tools and …”

The ‘Stand-Alone’ EES (1997/98-2002): Autonomous Europeanisation Power and Embeddedness of the EES’s ‘Policy ID’ into British Traditions? S. 305-339

„… of de-industrialisation and related re-construction during the 1980s and 1990s particularly in the …” „… ’ performance targets by schools, increase of work-related training for 14 to 17 year olds, ‘National …” „… April 1999) and instruments such as • the ‘Business Link’, comprising “local business support services …”

‘Speeding up the Construction Process’: Post Reform Boost Trends under the Streamlined EES (2003-2005) – Europeanisation Impact Intensified or Blurred? S. 392-405

„… level. It was also the result of national intervening variables, such as the scandal related to wrong …” „… re-privatisation in East Germany (cf. ibid. 2004:44). Related to the recommendation to increase inclusion and …” „… related to the three most pressing problems of the country: labour market reform, reconstruction of social …”

The European Commission: The ‘Primary Administrator’ of the EES – Analysing, Preparing, Evaluating, Negotiating, and Drafting S. 241-250

„… related to their interaction within the newly set up EES-PCN. At European level, it will be analysed …” „… traditions and previous institutional paths dominate EES-related domestic institution-building.85 4.1 The …” „… , especially those related to the national end of the EES-PCN in the UK and Germany, are based on interviews …”

Annex S. 444-448

„… industry-related services’ 14 ‘Reducing taxation and the fiscal pressure on labour’ 15 ‘To examine ways of reducing …” „… level’ 13 ‘Exploiting new opportunities for job creation in services and industry-related services’ 14 …” „… social economy and at local level’ 13 ‘Exploiting new opportunities for job creation in services and …”

Interim Assessment: The EES’s Impact on German Employment Policy Priorities – Policy Transfer and Diffusion leading to ?-Convergence? S. 405-412

„… balanced. Seven policies were adopted under the employability pillar, compared to one related to …” „… the quality of work aspect. Policies related to equal opportunities concentrated on female …” „… strong focus on entrepreneurship with ten new policies adopted compared to four related to employability …”

Domestic and Cognitive/Normative Structures: National Institutional Capacity and Veto Points – Central Characteristics of the UK and Germany S. 111-136

„… interest representation related to employment policy. • Timing of reforms: o National political and …” „… government), EU-related policy-making and co-ordination structures, the parliament (including patterns of the …” „… , domestic structures of (tripartite) social dialogue and related traditions within the UK and Germany is of …”

‘Extending the Driveway’: Expanding Existing Policy Approaches under the Streamlined EES (2003-2005) – Europeanisation Impact Intensified or Blurred? S. 339-348

„… part due to insufficient levels of basic skills, and specific job quality-related problems like the …” „… issues representatives and pay reviews in civil service. Moreover, intensified efforts of the EOC and …” „… by the de-centralisation of decisionmaking and fund management, the introduction of e-services as …”

In How Far?: European Employment Policy Co-ordination and the Constraints of Supra- and International Economic Integration S. 218-228

„… Lisbon strategy” (cf. European Commission 2005c:25). The related guidelines 17 to 24 cover a period of …” „… , the subsequent temporary suspension of the Pact (cf. Heipertz/Verdun 2005:986), and the related …” „… and investments due to EMU, the competitiveness of the British financial service sector under EMU and …”

Domestic Public Policy and Timing of the EES: British and German Welfare State and Employment Policy Traditions – Fringes of a Gamut? S. 136-158

„… / Stakeholders ++ +++ General number of veto points + ++++ Social partner integration in EU-related …” „… Anglo-Saxon capitalism and a network-related as well as interventionist Continental one, itself subdivided …” „… . With his 1942 report on ‘Social Insurance and Allied Services’ (cf. Kingdom 1999:546; Paulmann 1993:281 …”

Interim Assessment: The EES’s Impact on British Employment Policy Priorities – Policy Transfer and Diffusion leading to ?-Convergence? S. 348-356

„… development, change in priorities was strongly related to the new policy approach of New Labour (cf. chapter …” „… British workforce. Fostered by devolution since 2000, also regional activities related to the devolved …” „… training, regional economic development and entrepreneurship, health and social services or social …”

The ‘Others’: The European Council, EP, ECOSOC, and CoR – The Eagle of Processes and the Mere ‘Also-Rans’? S. 255-256

„… EES. 4.1.4 The Social Partners: The EES-related Supranational Social Dialogue – Real Integration or …” „… Just Friendly Lip Service? From 1970 to 2002, the SCE was the main permanent political forum for …” „… discussion were related to the social and economic objectives of the EU set out in the EGs and the BEPG. This …”

British Employment Policy Co-ordination: Integrated Leadership, Centralised Polity, ‘Trimmed Pluralism’, Few Veto Points, and the EES – ‘Strangers in the Night’? S. 270-286

„… traditions. The British NAP-related policy co-ordination process follows the general logics of British …” „… BEPG; • the Department for Education and Skills (DfES), engaged in activities related to training and …” „… Practice 271The devolved administrations have authority over topics related to economic development as …”

German Employment Policy Co-ordination: Fragmented Leadership, De-Centralised Polity, ‘Corporatist Style’ Pluralism, Several Veto Points, and the EES – ‘Brothers in Mind’? S. 286-304

„… consultation process related to it are an exception to the rather underdeveloped tripartite social dialogue …” „… practice in the UK as far as their involvement related to the aims of the former adaptability pillar is …” „… employment policy-related input into the EES from 2002/03 onwards. Before the official restructuring of the …”

Adaptation to the ‘Practice’: The Official Interim Assessment and the Streamlining of the EES – A Re-Interpretation of the ‘Legal Constitution’ S. 199-218

„… services, at local level and in the social economy 7. Taxation 8. Modernising work organisation 9. Equal …” „… considered to have inspired long-term structural reform of domestic public employment services. Additionally …” „… services engaged, between the Commission and the Council and, at the national level, between the different …”

Interim Assessment: The Supranational Part of the EES-PCN – A New Integrated PCN Interlinking Socio-Economic Policy Co-ordination Processes? S. 263-270

„… merger of policy coordination cycles and related epistemic communities was implemented rather …” „… related to the EES, as in view of the quality of work issue (interview EU-3). The strong position of the …” „… other Commission services involved–is backed by its role as the main policy broker within the …”

From Rome to Essen: The Long Way from Supplementing the Single Market towards the Headstone of the Luxembourg Process S. 171-178

„… to nationality and ensuring co-operation between national employment services; • the European Social …” „… first institution in the policy field, it dealt with employment-related issues at supranational level …” „… 1975 and 1980, adopted ten directives on social policies, focusing on employment-related topics (cf …”

Foreword and Acknowledgement S. 5-14

„… content-related feedback, I would like to express my deep gratitude to Jana Fleschenberg, Carlo Masala, and Thomas …” „… 114.1.4 The Social Partners: The EES-related Supranational Social Dialogue – Real Integration or Just …” „… Friendly Lip Service? 256 4.1.5 Interim Assessment: The Supranational Part of the EES-PCN – A New …”

European Multilevel Governance: Rapprochement to the Systemic Background of Europeanisation S. 38-79

„… its analytical restrictions as well as benefits. Considerations related to the OMC in this sub-chapter …” „… .). It links aspects of institution-building related to European integration with processes of …” „… the understanding of (EML) governance processes and related policy and institutional change. It pays …”

doi.org/10.5771/9783845212470

Brigitte Aulenbacher, Birgit Riegraf, Hildegard Theobald - Sorge: Arbeit, Verhältnisse, Regime

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Brigitte Aulenbacher (ed.), Birgit Riegraf (ed.), Hildegard Theobald (ed.)

Sorge: Arbeit, Verhältnisse, Regime

Series: Sonderheft Soziale Welt

Volume 2014

Results in this title

Hildegard Theobald Care Policies and the Intersection of Inequalities in Care Work: Germany and Sweden Compared S. 349-366

„… . Earnings-related co-Sa\ments for services are in Slaceto enable redistribution between beneficiaries of different …” „… of house-related services. Both of these ta[-based schemesbenefit middle- or high-income grouSs.In 6 …” „… \ Srivatel\ Surchased household- or care-related services delivered b\ acceSted comSanies, which is suSSorted …”

Orly Benjamin The Narratives of New Public Management in an International and Israeli Perspective and the Gendered Political Economy of Care Work S. 257-272

„… the Israeli caring services.Here, I argue that in a gendered Solitical econom\, women¶s abilit\ to …” „… s\stematicall\ decreased the share of Sublic Mobs in health servicesand social care services. For France the …” „… services.Table 1 shows how each \ear a Sro[\ for the care work earning Senalt\ (BudigMisra 2010)260 2 …”

Elisabeth Berg, John Chandler, Jim Barry The Uncertain Rise of Evidence-Based Practice in Social Work in Sweden and England, in Contexts Framed by New Public Management and Neo-Liberalism S. 315-328

„… related occuSationsbecame established in local government to assist those in need of their services (Elmpr …” „… workers and those in need of their services.These changes have occurred across the Sublic sector …” „… Sroblematicindeed to attemSt widesSread change in areas such as education, health care, social services,universities …”

Yayoi Saito Elderly Care Transition and Welfare State in Japan. “Traditional Care”, “Modern Services” and “Late Modern Outputs” S. 423-438

„… as Sovert\ alleviation enterSrises,home helS service is closel\ related to the workings of the famil …” „… socialization of elderl\ care and in the develoSment of infrastructure for care services.Furthermore, at the …” „… services.Under the German care insurance scheme, man\ SeoSle oSt to receive cash benefits ratherthan services …”

Michael D. Fine Economic Restructuring and the Caring Society – Changing the Face of Age Care Work S. 273-282

„… \, funding for human services.As Hartle\ Dean Soints out, famil\ Solic\ faces a similar trilemma in the …” „… DEOH$JHG&DUH:RUNIRUFH&KDUDFWHULVWLFV$XVWUDOLD Residential aged care Community aged care Health and community servicesAll industries …” „… which service users are diverted from costl\, high intensit\ servicesto more affordable, lower intensit …”

Jeremy Seekings, Elena Moore Kin, Market and State in the Provision of Care in South Africa S. 439-454

„… enMo\edmassive market advantages and needed less and less the services Srovided b\ the welfare state.5isk Sooling …” „… in 1994 inherited a state that retained an e[tensiveset of welfare state services, most of which were …” „… eligible for health-related income suSSort. In an\ case, financial assistance was Srovided for onl\ a short …”

Rianne Mahon International Organizations’ ‘Advice’ on Childcare and Latin American Experiences S. 455-490

„… services.The Bank¶s :orOd 'eYeOoSment 5eSort moved some wa\ to recognizing that “gendereTualit\ matters in its …” „… educational services b\ the 1970s.Women (at least those emSlo\ed in the formal econom\) officiall\ benefited …” „… somee[tent from the growth of service sector emSlo\ment, the\ remain over-reSresented in theinformal econom …”

Monica Budowski, Sebastian Schief Care in Households in Precarious Socio-Economic Conditions in Chile, Costa Rica and Spain S. 199-220

„… the Srovision of services, how this Srovision should best be organized and which institutional domain …” „… within (labour andother) markets, communit\ and non-Srofit organizations, and the (unSaid) services of …” „… corresSonds toabout half of that of SSain (20.3 % in 2005). Man\ services in SSain were cut back (Ban\uls5ecio …”

doi.org/10.5771/9783845255545

Walter Doralt, Thomas Garber, Viktoria H. S. E. Robertson, Matthias Wendland - Beiträge zu Rechtsvergleichung und Europa Jahrbuch Linda-Rauter-Preis 2022

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Walter Doralt (ed.), Thomas Garber (ed.), Viktoria H. S. E. Robertson (ed.), Matthias Wendland (ed.)

Beiträge zu Rechtsvergleichung und Europa Jahrbuch Linda-Rauter-Preis 2022

2022

Results in this title

Klara Kastner Data-Related Assessment of Non-Horizontal Mergers in the Digital Sphere - A View from EU Merger Control S. 167-214

„… delivery of a digital product or service.So far, the Commission’s assessment with regard to data has …” „… 167Data-Related Assessment of Non-Horizontal Mergers in the Digital Sphere– A View from EU Merger …” „… as a Parameter of Competition .................................. 201 2. Privacy-Related Consumer …”

doi.org/10.5771/9783214164874

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