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Matthias Lehmann, Christoph Kumpan - European Financial Services Law

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Matthias Lehmann (ed.), Christoph Kumpan (ed.)

European Financial Services Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2019

Results in this title

Article 13 Remuneration S. 1489-1492

„… Remuneration 1. Member States shall require AIFMs to have remuneration policies and practices for those …” „… total remuneration that takes them into the same remuneration bracket as senior management and risk …” „… the AIFs they manage. The AIFMs shall determine the remuneration policies and practices in accordance …”

Article 14 a Remuneration policy S. 1338-1339

„… conflicts of interests. Article 14 a Remuneration policy 1. Member States shall require management companies …” „… to establish and apply remuneration policies and practices that are consistent with, and promote …” „… compliance with the management company’s duty to act in the best interest of the UCITS. 2. The remuneration …”

Article 14 b Details and proportionality of remuneration policy S. 1339-1343

„… 3. The remuneration policies and practices shall apply to those categories of staff, including …” „… senior management, risk takers, control functions and any employee receiving total remuneration that …” „… falls within the remuneration bracket of senior management and risk takers whose professional activities …”

Article 69 Minimum content of mandatory disclosures S. 1410-1412

„… profile. The prospectus shall include either: (a) the details of the up-to-date remuneration policy …” „… , including, but not limited to, a description of how remuneration and benefits are calculated, the identities …” „… of persons responsible for awarding the remuneration and benefits including the composition of the …”

Article 14 Conflicts of interest S. 1492-1493

„… The remuneration requirements under AIFMD are subject to the principle of proportionality. The ESMA …” „… AIFMD Remuneration Guidelines include further details as to how the proportionality principle may be …” „… requirements to disapply. Rather, the ESMA AIFMD Remuneration Guidelines set out a limited number of …”

Article 68 Mandatory disclosure instruments S. 1409-1410

„… profile. The prospectus shall include either: (a) the details of the up-to-date remuneration policy …” „… , including, but not limited to, a description of how remuneration and benefits are calculated, the identities …” „… of persons responsible for awarding the remuneration and benefits including the composition of the …”

Article 70 Disclosures on categories and volatility of assets, risk management S. 1412-1413

„… understandable explanation of the fund’s risk profile and information concerning the remuneration policy. The …” „… latter can be fulfilled by either publishing the details of the up-to-date remuneration policy or …” „… disclosing a summary of the remuneration policy and a statement to convey that the details of the up-to-date …”

Article 78 Mandatory key investor information document for each UCITS; format and content of key investor information document S. 1418-1421

„… up-to-date remuneration policy, including, but not limited to, a description of how remuneration and benefits …” „… are calculated, the identity of persons responsible for awarding the remuneration and benefits …” „… including the composition of the remuneration committee, where such a committee exists, are available by …”

Article 12 General principles S. 1488-1489

„… Remuneration 1. Member States shall require AIFMs to have remuneration policies and practices for those …” „… total remuneration that takes them into the same remuneration bracket as senior management and risk …”

Article 77 Marketing communications S. 1417-1418

„… up-to-date remuneration policy, including, but not limited to, a description of how remuneration and benefits …” „… are calculated, the identity of persons responsible for awarding the remuneration and benefits …” „… including the composition of the remuneration committee, where such a committee exists, are available by …”

Article 24 General principles and information to clients S. 157-180

„… not make any arrangement by way of remuneration, sales targets or otherwise that could provide an …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 VIII. Staff remuneration (Art 24(10 …” „… Regulation: Art 27 (remuneration policies and practices), Art 36 (investment research and marketing …”

Article 22 Annual report S. 1512-1514

„… remuneration for the financial year, split into fixed and variable remuneration, paid by the AIFM to its staff …” „… amount of remuneration broken down by senior management and members of staff of the AIFM whose actions …” „… during the financial year covered. Finally, the annual report must include remuneration disclosures. The …”

Article 23 Conflicts of interest S. 151-155

„… investment firm’s own remuneration and other incentive structures. 2. Where organisational or administrative …” „… conflicts-of-interest regulatory regime with respect to remuneration of staff and third-party payments and benefits …” „… measures may be found in the following articles of the MiFID II Delegated Regulation: Art 27 (remuneration …”

Article 14 Conduct of business rules S. 1337-1338

„… Remuneration policy 1. Member States shall require management companies to establish and apply remuneration …” „… the best interest of the UCITS. 2. The remuneration policies and practices shall include fixed and …”

Article 16 Organisational requirements S. 65-120

„… , remuneration systems (see also → Art 23 and → Art 24), and complaints handling and personal transactions of …” „… determining the remuneration of the relevant persons involved in the compliance function does not compromise …” „… Remuneration policies and practices 1. Investment firms shall define and implement remuneration policies and …”

Article 19 Valuation S. 1499-1502

„… independent from the portfolio management and the remuneration policy and other measures ensure that conflicts …” „… independent from the portfolio management and the remuneration policy. The rationale behind this requirement …” „… is to avoid conflicts of interest that may in particular arise due to linkages of remuneration to the …”

Article 90 Fees S. 1431

„… remuneration and the expenditure which a management company is empowered to charge to a common fund and the …” „… method of calculation of such remuneration. The law or the instruments of incorporation of an investment …”

Article 89 Prohibition of naked short sales S. 1430-1431

„… home Member State or the fund rules shall prescribe the remuneration and the expenditure which a …” „… management company is empowered to charge to a common fund and the method of calculation of such remuneration …”

Article 91 Enabling of marketing in host member states S. 1431-1432

„… remuneration and the expenditure which a management company is empowered to charge to a common fund and the …” „… method of calculation of such remuneration. The law or the instruments of incorporation of an investment …”

Article 63 Additional disclosures to investors and feeder’s competent authority S. 1404-1405

„… ) a description of all remuneration or reimbursement of costs payable by the feeder UCITS by virtue of …” „… , investors learn about tax and fee implications. II. Overview The disclosures on remuneration under Art 63(1 …”

Article 1 Scope and UCITS definition S. 1304-1317

„… ; Câmara P, ‘The AIFM’s Governance and Remuneration Committees: The Impact of the AIFMD’, in Zetzsche (ed …” „… governance, especially with respect to remuneration of managers as a reaction to some of the excesses …” „… functions, remuneration policies and sanctions (‘UCITSD V’), OJ 2014 L 257/186. Cf. Alshaleel, ‘Undertakings …”

Article 8 Interchange fees for direct debit transactions S. 1768-1770

„… prejudice to paragraph 2, no MIF per direct debit transaction or other agreed remuneration with an …” „… designation assigned to of any agreed remuneration or its technical mechanics. If a party intends a fee to be …”

Article 7 Application for authorisation S. 1480-1482

„… ) information on the remuneration policies and practices pursuant to Article 13; (e) information on arrangements …” „… addition to the programme of operations, the AIFM must also file information on its remuneration policy and …”

Article 9 Management body S. 43-50

„… out appropriate stress testing, where appropriate; (c) a remuneration policy of persons involved in …” „… provision of services and activities, including the remuneration of sales staff and the approval of new …” „… appropriate; n.a. a remuneration policy of persons involved in the provision of services to clients aiming to …”

Article 21 Regular review of conditions for initial authorisation S. 149-151

„… cross-selling practices, 11 July 2016, ESMA/2016/574; ESMA, Guidelines: remuneration policies and practices …” „… inducements from third parties or by the investment firm’s own remuneration and other incentive structures. 2 …”

Chapter 1 Organisational requirements S. 1628-1637

„… operations of the CCP. 5. A CCP shall adopt, implement and maintain a remuneration policy which promotes …” „… discourage excessive risk taking, Article 26(5) EMIR imposes a remuneration policy that should be monitored …” „… remuneration policy.4 The information technology system is a crucial issue within the CCP risk management …”

Article 15 Cross-border set up, investor complaints mechanism S. 1343

„… – ESMA’s Guidelines on sound remuneration policies under the UCITS Directive. Due to complexity and many …”

I. General features S. 1628

„… operations of the CCP. 5. A CCP shall adopt, implement and maintain a remuneration policy which promotes …”

Article 60 Exercise of the powers referred to in Articles 61 to 63 S. 1661

„… repository and its corporate governance; the remuneration policy for the senior management, board members and …”

Article 22 General obligation in respect of on-going supervision S. 151

„… investment firm’s own remuneration and other incentive structures. 2. Where organisational or administrative …”

Article 31 Prudential and conduct of business rules, organisational requirements for internally managed investment companies S. 1370-1371

„… of business rules and the regulations regarding remuneration policies as laid down in Arts 13-14 b of …”

Article 27 Obligation to execute orders on terms most favourable to the client S. 195-202

„… shall not receive any remuneration, discount or non-monetary benefit for routing client orders to a …” „… any remuneration, discount or non-monetary benefit for routing client orders to a particular execution …”

Article 30 Internally managed investment companies, restrictions on third-party portfolio management S. 1369-1370

„… rules and the regulations regarding remuneration policies as laid down in Arts 13-14 b of UCITSD to …”

Article 59 Notification of ESMA decisions relating to registration S. 1660-1661

„… the trade repository and its corporate governance; the remuneration policy for the senior management …”

Article 16 Freedom to provide services on a cross-border basis S. 1343-1344

„… – ESMA’s Guidelines on sound remuneration policies under the UCITS Directive. Due to complexity and many …”

Article 62 Communication between feeder’s and master’s auditors S. 1403-1404

„… ) a description of all remuneration or reimbursement of costs payable by the feeder UCITS by virtue of …”

Article 18 General principles S. 1498-1499

„… independent from the portfolio management and the remuneration policy and other measures ensure that conflicts …”

Introduction S. 1466-1467

„… 83/1 (“AIFMD Level 2 Regulation”); ESMA, ‘Guidelines on sound remuneration policies under the AIFMD …”

Article 61 Request for information S. 1661-1662

„… repository and its corporate governance; the remuneration policy for the senior management, board members and …”

Article 112 a Implementing legislation by European Commission S. 1465-1466

„… remuneration policies under the AIFMD’, ESMA/2012/232, Paris 2013; ESMA, ‘Final Report Guidelines on key …”

Articles 40 to 41 S. 1303-1304

„… of Business Law 2012, No. 6, 453-478; Câmara P, ‘The AIFM’s Governance and Remuneration Committees …”

Article 64 Conversion disclosures and procedures S. 1405-1407

„… disclosures on remuneration under Art 63(1)(f) of UCITSD justify attention considering the ban of double …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 14 1337 Remuneration policy …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 14 a 1338 Details and proportionality of remuneration policy …”

Article 6 Conditions for taking up activities as AIFM S. 1478-1480

„… ) information on the remuneration policies and practices pursuant to Article 13; (e) information on arrangements …”

Article 8 Withdrawal of authorisations S. 41-43

„… testing, where appropriate; (c) a remuneration policy of persons involved in the provision of services to …”

Article 2 Definitions S. 1104-1114

„… securities (UCITS) as regards depositary functions, remuneration policies and sanctions [2014] OJ L257/186 …” „… functions, remuneration policies and sanctions [2014] OJ L257/186. 21 See UCITS Directive, recital 5 and …”

Article 7 Validity of mandates and right to a refund S. 1766-1768

„… remuneration with an equivalent object or effect shall apply to direct debit transactions. 2. For …”

Article 7 Rating analysts, employees and other persons involved in the issuing of credit ratings S. 1261-1263

„… remuneration or performance evaluation of persons involved in making a rating dependent on revenue received …”

Article 26 Provision of services through the medium of another investment firm S. 193-195

„… shall not receive any remuneration, discount or non-monetary benefit for routing client orders to a …”

Article 8 Conditions for granting authorisation S. 1482-1485

„… the programme of operations, the AIFM must also file information on its remuneration policy and …”

Article 23 Disclosure to investors S. 1514-1517

„… report must include remuneration disclosures. The accounting information contained in the annual report …”

Article 25 Recognition of a third-country CCP S. 1623-1628

„… shall adopt, implement and maintain a remuneration policy which promotes sound and effective risk …”

Article 1 Subject matter and scope S. 1099-1104

„… ) as regards depositary functions, remuneration policies and sanctions [2014] OJ L257/186. 29 See UCITS …”

Article 20 Investment recommendations and statistics S. 824-833

„… barrier set up for the prevention and avoidance of conflicts of interest; any remuneration that is tied to …”

Article 5 The prospectus S. 974-984

„… reports, memoranda and articles of association, and remuneration reports (→ Art 19). Additionally, the …”

Introduction S. 941-951

„… securities (UCITS) as regards depositary functions, remuneration policies and sanctions [2014] OJ L257/86 …”

Article 8 Insider dealing S. 692-705

„… intermediary to gain an advantage going beyond the intermediary’s remuneration for the services rendered is not …”

Article 19 Managers’ transactions S. 808-824

„… shares subject to a remuneration package where an executive is entitled to receive shares upon the …”

doi.org/10.5771/9783845279893

Ines Verspohl - Health Care Reforms in Europe

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Ines Verspohl

Health Care Reforms in Europe

Series: Schriften zur europäischen Arbeits- und Sozialpolitik

Volume 10 2012

Results in this title

Remuneration S. 82-84

„… competences in NHS, where physicians are weaker. 4.2.4 Remuneration Remuneration is the main instrument to …” „… remuneration can be distinguished in the order or decreasing economic freedom for doctors: fee-for-service …” „… . Fee-for-service remuneration implies that the doctor is paid for every individual service provided, like blood …”

Conclusion Provision and Remuneration S. 137

„… privatized, dental care is not a market. 5.7.5 Conclusion Provision and Remuneration Mergers and …” „… incentive effect of the DBC obscure the results even further. The new remuneration systems show the expected …”

Ambulatory care S. 257-261

„… 257 7.7 Provision and Remuneration The German health care system is marked by the dominant position …” „… they came to power in 1998. The medical provision is very doctor centred, and so is the remuneration …” „… rural areas in the East (Altenstetter, 1999). In the following, provision and remuneration of …”

Hospitals S. 261-266

„… reform strengthened the position of prevention. 7.7.1.2 Remuneration of care for Private Patients As the …” „… structure? The answer is to be found in the remuneration system: hospitals were paid per day and in general …” „… remuneration of services. Hospitals have been relatively unaffected by the cost maintaining attempts of the 80 …”

Titelei/Inhaltsverzeichnis S. 2-12

„… health care 77 4.2.1 Governance 78 4.2.2 Funding 79 4.2.3 Provision 81 4.2.4 Remuneration 82 …” „… funding 127 5.7 Provision and Remuneration 130 5.7.1 Ambulatory care 131 5.7.2 Stationary care 133 …” „… 5.7.3 Pharmaceuticals 135 5.7.4 Dental care 136 5.7.5 Conclusion Provision and Remuneration 137 5.8 …”

Provision S. 81-82

„… employees. In social insurance systems, their remuneration is subject to corporatist negotiations between …” „… , the different forms of provision are presented, followed by forms of remuneration, both with their …” „… , where physicians are weaker. 4.2.4 Remuneration Remuneration is the main instrument to steer physicians …”

Conclusion funding S. 255-257

„… organisations share privateshare employer share public257 7.7 Provision and Remuneration The German health care …” „… , and so is the remuneration system. The state only provides some vaccinations for school kids. Despite …” „… , provision and remuneration of ambulatory care are presented, followed by provision and remuneration of …”

Ambulatory care S. 130-133

„… 130 5.7 Provision and Remuneration Private provision of care is a predominant feature of the Dutch …” „… population refers to the emergency units of the hospitals (Nederlandse Zorgautoriteit, 2007b). Remuneration …” „… ambulatory care In the old scheme, the remuneration for general practitioners differed for private and …”

Access S. 84-86

„… of doctors, this tends to result in lower remuneration for other health care personnel. In …” „… volume in remuneration systems based on fee-for-service, capitation, or DRGs, although budgets are often …” „… capped. A remuneration of providers which favours competition is at the heart of market oriented reforms …”

Volume and Expenditures S. 291-293

„… nowadays choose their provider. Hence, the remuneration of office-based physicians and hospitals must …” „… the traditional instruments. To expand performance-based remuneration to hospitals, the DRGs have been …” „… countries. In a system with DRG remuneration, hospitals have to fill their beds to prevent loses …”

Governance S. 77-79

„… traditionally been used: finance, provision including remuneration, and regulation. Ferrera adds the category of …” „… profession decide on access rules and the modes and level of remuneration. The Medical profession has an …” „… Payer Funding Provision and Remuneration AccessGovernance79 tient is a mature consumer who buys the …”

Ideas in health care S. 38-45

„… needed. In the 60s, researchers at Yale University developed the first models for a remuneration system …” „… for remuneration within the Medicaid system (Schmid & Götze, 2009). DRGs had spread by the 80s over …” „… , Patient Third Party Payer Contribution, taxes Remuneration Goods and ServicesDirect payment Provider 44 …”

Functionalist retrenchment S. 140-143

„… . Only 34% of hospital services are subject to free market negotiations. The remuneration of general …” „… fee-for-service and capitation remuneration. Only the extra model Modernization and Innovation is open for …” „… governmental top-down regulation. Remuneration prices, hospital expansions and acquisition of new technology …”

Private Insurances S. 238-241

„… calculating them based on the basic tariff. 7.5.2.1 Governance of remuneration Doctors cannot set their own …” „… contracts with each individual hospital included in the hospital plan. Also in the remuneration governance …” „… stronger position of the state, governance of hospital remuneration experienced far-reaching reforms. …”

Social Insurances S. 230-238

„… membership, benefit-package and remuneration to the Associations of Providers and Funds. In hospitals …” „… reimbursed by 60% of the costs. 236 7.5.1.3 Governance of the remuneration system Health care governance is …” „… former points and thereby harmonizes the remuneration of physicians in Germany. The former patchwork with …”

Governance of Physicians S. 116

„… . The feefor-service remuneration for specialists was decreased in such a way that local and regional …” „… vereniging) that has been a bastion against changes in the fee-for-service remuneration of specialists …”

Liability S. 116-117

„… . The feefor-service remuneration for specialists was decreased in such a way that local and regional …” „… vereniging) that has been a bastion against changes in the fee-for-service remuneration of specialists …”

Adapted solutions S. 302-303

„… . Volume-oriented remuneration, rather than the old salaries is meant to motivate physicians to produce more, reduce …” „… waiting lists, and increase responsiveness to attract more patients. Volume-oriented remuneration and free …”

Dental care S. 136-137

„… Provision and Remuneration Mergers and harmonization are the dominant trends in the provision of care. Since …” „… new remuneration systems show the expected results: family doctors tend to diagnose more events …”

Governance of Providers S. 241-242

„… plan. Also in the remuneration governance the state had a stronger role in stationary than in …” „… a detailed list. Due to the stronger position of the state, governance of hospital remuneration …”

Competition for patients S. 283-284

„… remuneration. In the hospital sector, all three countries replaced prospective budgets by per-case remuneration …”

Direct markets in dental care S. 284-285

„… requires a money-follows-the-patient system of remuneration. In the hospital sector, all three countries …” „… replaced prospective budgets by per-case remuneration. The three countries opted for the same instrument …”

Conclusion Provision S. 269-271

„… remuneration of hospitals and ambulatory physicians has been unified: both now receive fixed prices for …” „… control. Until now, the governments were not successful to draft a remuneration system that induced cost …”

Funding S. 79-81

„… insurance systems, their remuneration is subject to corporatist negotiations between the Medical Association …” „… are presented, followed by forms of remuneration, both with their incentives, internal problems and …”

Benefit package and health technology assessment S. 137-139

„… privatized, dental care is not a market. 5.7.5 Conclusion Provision and Remuneration Mergers and …” „… incentive effect of the DBC obscure the results even further. The new remuneration systems show the expected …”

Hampered implementation S. 303-305

„… 303 expand overall provision and give patients a choice. Volume-oriented remuneration, rather than …” „… responsiveness to attract more patients. Volume-oriented remuneration and free choice of provider already existed …”

Stationary care S. 133-135

„… governmental agency. In the remuneration of ambulatory care, the merger of private and statutory schemes is …” „… hundred case groups, the DBCs come close to a fee-for service remuneration. This system allowed finally …”

Competition for members S. 279-282

„… . Free choice for patients, in combination with a system of remuneration where money follows the patient …” „… fee-for-service remuneration in a capped budget, this resulted in competition among providers for patients …”

Competition S. 110-113

„… remuneration. Also, specialists who practice in the Netherlands in the hospitals were paid directly on a …” „… private and the public remuneration systems for ambulatory care, a committee of health ministry …”

Governance of Insurances S. 113-116

„… hospitals. The feefor-service remuneration for specialists was decreased in such a way that local and …” „… specialisten vereniging) that has been a bastion against changes in the fee-for-service remuneration of …”

Social Insurances S. 243-249

„… following, the sources and agents of funding are discussed. The remuneration of providers by the KV is …” „… discussed under Provision and Remuneration. Again, first the social and then the private insurances are …”

Reform discourse S. 221-227

„… source of income for ambulatory doctors in private praxis, as their remuneration rates are three times as …” „… includes a shift in the remuneration system from technical and pharmaceutical treatments to psychosomatic …”

List of Figures S. 13-14

„… forms of remuneration of doctors ................... 83 Table 3: Privatization in the four dimensions …”

Conclusion Ideas S. 45

„… , remuneration and provision structures. The institutional inertias confine future reform options of each country …”

Conclusion Theory S. 45-46

„… , remuneration and provision structures. The institutional inertias confine future reform options of each country …”

Bottom up initiatives S. 168-169

„… 21 different possibilities for remuneration. 6.5.4.1 Purchaser-provider split The neo-liberal ideas …”

Reform history S. 229-230

„… corporatism. The state delegates decisions about membership, benefit-package and remuneration to the …”

Pharmaceuticals S. 135-136

„… a fee-for service remuneration. This system allowed finally allowed the inclusion of specialists …”

Conclusion Provision S. 200-201

„… can be drawn. Costs are rather determined by the model of remuneration. A combination of low …”

Convergence S. 75-77

„… traditionally been used: finance, provision including remuneration, and regulation. Ferrera adds the category of …”

Summery funding S. 127-130

„… - % GDPOut-of-pocket payments - % total health expenditures130 5.7 Provision and Remuneration Private provision of care …”

Benefit package S. 271-273

„… providers are hard to control. Until now, the governments were not successful to draft a remuneration system …”

Functionalist retrenchment S. 274-276

„… the remuneration and enforced redistribution from specialist to family doctors and from the West to …”

Mediated problems S. 299-302

„… remuneration. The Netherlands needed regulations for changing the family doctor. German patients started to use …”

Market and competition S. 169-172

„… Councils, providing for 21 different possibilities for remuneration. 6.5.4.1 Purchaser-provider split The …”

Waiting lists S. 201-204

„… of provision and costs can be drawn. Costs are rather determined by the model of remuneration. A …”

Institutional legacy for health S. 218-221

„… source of income for ambulatory doctors in private praxis, as their remuneration rates are three times as …”

Biobliography S. 311-328

„… . Glaser, W. A. (1970). Paying the doctor: Systems of remuneration and their effects. Baltimore: Hopkins …” „… ). An Optimal remuneration system for General Practitioners, from http://www.nza.nl/binaries/7113/29720 …”

Health status S. 89-93

„… systems: governance, funding, provision (including remuneration), and access. The third part sums the …”

Second compartment S. 120-126

„… the central fund and they all paid the centrally fixed prices to providers (see below for remuneration …”

Devolution S. 173-180

„… districts as well. Remunerations for treatments provided to residents of other counties were another form …”

Privatisation S. 188-196

„… full freedom to choose their family doctor. The counties have to introduce a remuneration system, where …”

Reform history S. 101-110

„… remuneration. Also, specialists who practice in the Netherlands in the hospitals were paid directly on a …”

doi.org/10.5771/9783845235370

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (ed.), Mark Bell (ed.), Olaf Deinert (ed.), Sophie Robin-Olivier (ed.)

International and European Labour Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Tzehainesh Teklè ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100) S. 602-612

„… CHAPTER III NON EU LAW ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100)1 Literature …” „… ) (ILO, Geneva 2012); ILO, Equal Remuneration, General Survey by the Committee of Experts on the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1. Definition of remuneration …”

Emmanuelle Mazuyer Article 4 RESC The right to a fair remuneration S. 272-277

„… Children (APPROACH) Ltd. v. Cyprus Article 4 RESC The right to a fair remuneration With a view to ensuring …” „… the effective exercise of the right to a fair remuneration, the Parties undertake: 1. to recognise the …” „… right of workers to a remuneration such as will give them and their families a decent standard of living …”

Elaine Dewhurst Article 19 RESC The right of migrant workers and their families to protection and assistance S. 313-316

„… less favourable than that of their own nationals in respect of the following matters: a remuneration …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Remuneration and Other Employment and Working Conditions . . . . . . . . 4 2. Membership of …” „… respect to remuneration, other employment and working conditions, membership of trade unions and the …”

David Fennelly International Covenant on Economic, Social and Cultural Rights: Articles 2 and 7 (ICESCR) S. 438-444

„… ) Remuneration which provides all workers, as a minimum, with: (i) Fair wages and equal remuneration for work of …” „… reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public …” „… meaning to the concept of “just and favourable conditions of work”: remuneration; safe and healthy working …”

Orsola Razzolini Directive 2010/41/EU on the application of the principle of equal treatment between men and women S. 586-602

„… employer in return for remuneration.17 As a result, self-employed workers can now rely on extensive …” „… services for and under the direction of another person in return for which he receives remuneration’. This …” „… another person, in return for which he receives remuneration’ (CJEU, 20 September 2007, Case C‑116/06 …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… , its duration; (d) the type of work to be performed; (e) the remuneration, method of calculation and …” „… the worker’s remuneration. Recommendation No. 201 also states [Paragraph 6(1)] that ratifying Members …” „… the remuneration to which the employee is entitled; the length of the employee's normal working day or …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… for outstanding remuneration. The original protections afforded by the EU were limited to …” „… dismissal and remuneration; (b) education and vocational training, including study grants in accordance with …” „… employment, working conditions including conditions regarding dismissal and remuneration, as well as equal …”

David Fennelly Convention on the Elimination of All Forms of Discrimination against Women: Articles 1, 2, 3, 4 and 11 (CEDAW) S. 449-455

„… , advanced vocational training and recurrent training; (d) The right to equal remuneration, including …” „… equal remuneration including benefits and to equal treatment in respect of work of equal value as well …” „… Remuneration Convention (No. 100).13 In its practice, the Committee has frequently drawn on that instrument …”

Carla Spinelli ILO Convention 132 Holidays with Pay Convention (Revised), 1970 (No. 132) S. 1370-1381

„… his normal or average remuneration (including the cash equivalent of any part of that remuneration …” „… applicable to him and the employer. The Convention also deals with the remuneration of the worker during the …” „… normal or average remuneration, which has to be calculated as prescribed by 6. 7. Chapter II Non EU …”

Claire La Hovary ILO Convention 95 The Protection of Wages Convention, 1949 (No. 95) S. 1093-1106

„… means remuneration or earnings, however designated or calculated, capable of being expressed in terms of …” „… convention, “the term ‘wages’ means remuneration or earnings, however designated or calculated, capable of …” „… frequently receive part of their remuneration “in kind” in the form of goods or services [and includes] also …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… discrimination based on nationality between workers of the Member States as regards employment, remuneration and …” „… remuneration”. Therefore, an employment relation under EU law is founded upon three constitutive elements: the …” „… the employer.) and payment of remuneration. The notion adopted by the Court, on the one hand, clearly …”

Karin Lukas Article 3 RESC The right to safe and healthy working conditions S. 264-272

„… , employed or self-employed.4 Together with Art.s 2 (working time) and 4 (fair remuneration) is provides the …” „… Children (APPROACH) Ltd. v. Cyprus Article 4 RESC The right to a fair remuneration With a view to ensuring …” „… the effective exercise of the right to a fair remuneration, the Parties undertake: 1. to recognise the …”

Mark Bell Equality: Introduction S. 431-433

„… and/or through setting minimum standards on remuneration and other aspects of working conditions …” „… treated (e.g. in terms of remuneration); instead it aims to ensure that all workers enjoy equal treatment …” „… Convention on Equal Remuneration (No. 100) and the 1958 Discrimination (Employment and Occupation) Convention …”

Ryszard Cholewinski ILO Conventions 97 and 143 Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) S. 848-868

„… child labour, equal remuneration for men and women for work of equal value, and that “the standard set …” „… regulations, or are subject to the control of administrative authorities-- (i) remuneration, including family …” „… allowances where these form part of remuneration, hours of work, overtime arrangements, holidays with pay …”

Elaine Dewhurst Article 18 RESC The right to engage in a gainful occupation in the territory of other Parties S. 310-313

„… favourable than that of their own nationals in respect of the following matters: a remuneration and other …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Remuneration and Other Employment and Working Conditions . . . . . . . . 4 2. Membership of …” „… respect to remuneration, other employment and working conditions, membership of trade unions and the …”

Vania Brino ILO Convention 168 Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) S. 427-431

„… strengthening their collective organisation and/or through setting minimum standards on remuneration and other …” „… norm for how workers should be treated (e.g. in terms of remuneration); instead it aims to ensure that …” „… in this direction were the 1951 ILO Convention on Equal Remuneration (No. 100) and the 1958 …”

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… of remuneration of on-call duty, make a distinction between the treatment of periods in the course of …” „… , in fact, concerns an aspect (remuneration) which falls outside the purpose and scope of the Directive …” „… cases in which, as is often the case in national disputes, only salaries and remuneration are discussed …”

Naj Ghosheh, Martine Humblet, Valerio De Stefano Maritime Labour Convention, 2006 (MLC, 2006) S. 1179-1200

„… Bargaining Convention, 1949 (No. 98); – the Equal Remuneration Convention, 1951 (No. 100); – the Abolition of …” „… remuneration for work of equal value for all seafarers employed on the same ship without discrimination26. IV …” „… payments for overtime, bonuses, allowances, paid leave or other remuneration.36 A consolidated wage means a …”

Eugenia Caracciolo di Torella ILO Convention 156 Workers with Family Responsibilities Convention, 1981 (No. 156) S. 1142-1149

„… the same vein must be read the Equal Remuneration Convention n° 100. Both instruments move away from …” „… men and women workers, namely the Equal Remuneration Convention and Recommendation, 1951, the …” „… ; Right to Organise and Collective Bargaining convention n° 98, 1957; Equal Remuneration Convention n° 100 …”

A.C.L. Davies ILO Convention 177 Home Work Convention, 1996 (No. 177) S. 909-911

„… remuneration; (iii) which results in a product or service as specified by the employer, irrespective of who …” „… occupation; (c) protection in the field of occupational safety and health; (d) remuneration; (e) statutory …”

Olaf Deinert Introduction: Working Conditions S. 934-937

„… to a fair remuneration in article 4, the right to dismissal protection in article 24 and the right to …” „… law rule was article 119 EEC Treaty on equal remuneration of men and women which became in the 1970 s …”

Ségolène Barbou des Places Regulation (EU) 492/2011 on freedom of movement for workers within the Union S. 785-800

„… European workers as regards employment, remuneration, and other conditions of work. In addition, Regulation …” „… the direction of another person in return for which he receives remuneration”. Chapter 1 is organized …” „… Article 45 FEU the scope of equality is limited to “employment, remuneration and other conditions of work …”

Teun Jaspers Article 5 RESC The right to organise S. 277-286

„… .36 This can be a way to limit some infringements of workers’ remuneration. VII. List of cases Date …” „… are empowered to negotiate conditions of employment of these persons including remuneration.5 2 In …” „… the right to negotiate their conditions of service and remuneration. If the restriction has the …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if …” „… obliged to accept a work without the minimal remuneration, because of that person’s extreme poverty, was …” „… Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Discrimination …”

Carla Spinelli ILO Convention 47 Forty-Hour Week Convention, 1935 (No. 47) S. 1332-1336

„… overtime, unless they are taken into account in fixing remuneration in accordance with custom. Unlike …” „… ; permanent, temporary and periodical exceptions; the limitation and remuneration of overtime. Usually, when …”

Claire La Hovary ILO Convention 131 The Minimum Wage Fixing Convention, 1970 (No. 131) S. 1120-1124

„… the terms of the Minimum Wage-Fixing Machinery Convention, 1928, and the Equal Remuneration Convention …” „… equal remuneration for work of equal value. Difficulties are particularly likely to arise in this regard …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… unpaid remuneration against an employer who is in a state of insolvency and the Transfer of Undertakings …” „… remuneration from the employer. Could these two persons be qualified as workers for the purpose of the …” „… receives remuneration. In its earlier case law, the ECJ determined that a relationship of subordination …”

Sylvaine Laulom Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights S. 996-1012

„… latter, as new employer, was yet not precluded from reducing the amount of the remuneration of the …” „… the employee’s remuneration would, therefore, constitute a substantial change in working conditions to …” „… , including those concerning remuneration’. Therefore, provided the transferee has an existing collective …”

Edoardo Ales Article 29 CFREU Right of access to placement services S. 195-200

„… wage-work bargain, in which labour power is exchanged for remuneration, broadly defined to include …” „… remuneration. However, in the perspective of the duty to work linked to the activation policies mentioned in …”

Silvia Borelli Article 157 TFEU S. 176-188

„… return for which he receives remuneration”.23 Therefore, the term worker does not include “independent …” „… permitting an effective review is assured only if that principle applies to each aspect of remuneration …” „… partners of the average remuneration by category of employee or position, broken down by gender. Moreover …”

Massimo Pallini Article 56 TFEU S. 76

„… the meaning of the Treaties where they are normally provided for remuneration, in so far as they are …”

Article 57 TFEU S. 76

„… the meaning of the Treaties where they are normally provided for remuneration, in so far as they are …”

Article 58 TFEU S. 76

„… the meaning of the Treaties where they are normally provided for remuneration, in so far as they are …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… as regards employment, remuneration and other conditions of work and employment was included in the …” „… : remuneration (for which the EU still has no competence to harmonize the laws of Member States); individual …” „… , there are fundamental guarantees that include just conditions, fair remuneration, safe and healthy …”

Hélène Tissandier Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employerOJ 2008 L 283/36-42. S. 1012-1026

„… shorter than a period covering the remuneration of the last three months of the employment relationship …” „… outstanding claims have to be guaranteed that cannot be “shorter than a period covering the remuneration of …” „… far as the employees’ contributions have been deducted at source from the remuneration paid. c) 26 …”

Vincenzo Pietrogiovanni ILO Convention 79 Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) S. 1336-1343

„… remuneration in accordance with custom. Unlike Convention No. 1 of 1919 (Art. 6), the Recommendation calls for …” „… limitation and remuneration of overtime. Usually, when flexibility is exercised by a government, the …”

Fabienne Jault-Seseke Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) S. 1643-1650

„… which he receives remuneration”.10 The text applies to all employment contracts (fixed-term contract …” „… remuneration for these services and was bound “by a lasting bond which brought him to some extent within the …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… net remuneration corresponding to the minimum rates of pay and/or contributions due to common funds or …” „… made clear that they were to be maintained.55 Third, the liability is limited to the remuneration as …” „… goes further than liability for the remuneration and includes a joint liability for social …”

Article 59 TFEU S. 76-77

„… the meaning of the Treaties where they are normally provided for remuneration, in so far as they are …”

Erika Kovács, Franz Marhold Article 2 RESC The right to just conditions of work S. 255-264

„… pay, as well as remuneration for public holidays”.2 EU documents, like Council Directive 2003/88/EC3 …” „… of annual paid holidays; the length of the notice period; the amount of the remuneration and the …”

Maria Teresa Carinci ILO Convention 158 Termination of Employment Convention, 1982 (No. 158) S. 1149-1165

„… ; Right to Organise and Collective Bargaining convention n° 98, 1957; Equal Remuneration Convention n° 100 …” „… Labour (1999) Convention No. 100, Equal Remuneration (1951) and Convention No. 111, Discrimination …” „… the remuneration that the worker would have earned during the period of notice if it had been observed …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… person in return for which he receives remuneration.74 In that case, the Court further stressed that …” „… domestic courts ought not to merely look at the remuneration or number of hours worked, which may be …” „… vocational training, employment and occupation, including dismissal and remuneration conditions, for young …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… – definition 2 III C 100 8 et seqq. – Definition of remuneration 2 III C 100 4 – direct pay discrimination 2 …” „… . 96/71 19 Equal treatment of migrants – collective bargaining 1 III Art. 19 RESC 5 – remuneration 1 III …” „… institution 5 I Dir. 2008/94 13 et seqq. – old-age benefit 5 I Dir. 2008/94 25 et seqq. – remuneration 5 I …”

Jean-Philippe Lhernould Directive 97/81/EC concerning the Framework Agreement on part-time work S. 872-882

„… such as remunerations and pensions are included in the concept of “working conditions”.8 More precisely …” „… not involve the same consequences as an increase, in particular, as regards the worker’s remuneration …”

Andreas Bücker Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship S. 948-958

„… and the frequency of payment of the remuneration to which the employee is entitled; (i) the length of …” „… the payment of remuneration; (c) where appropriate, the benefits in cash or kind attendant on the …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… and Collective Bargaining, 1948 (No. 98); Equal Remuneration, 1951 (No. 100); Abolition of Forced …” „… the worker usually receives his or her remuneration.’. Although this is a definition provided above …” „… or her remuneration. Regulations If the term regulations intended as all ‘provisions given force of …”

Mark Bell Article 15 RESC The right of persons with disabilities to independence, social integration and participation in the life of the community S. 307-310

„… particular the right to fair remuneration and trade union rights’.9 This is not always the case and work …”

Mark Bell Article 20 RESC The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex S. 316-319

„… rehabilitation; c. terms of employment and working conditions, including remuneration; d. career development …”

Mark Bell Article 19 TFEU S. 23-26

„… prevent it from enacting measures to require equal treatment in remuneration.13 Nevertheless, it is clear …”

Mark Bell Article 20 CFREU Equality before the law S. 200-203

„… exclude from that scope activities performed outside the labour market i.e. not for a remuneration …”

A.C.L. Davies ILO Convention 175 Part-Time Work Convention, 1994 (No. 175) S. 906-909

„… ; (ii) for remuneration; (iii) which results in a product or service as specified by the employer …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… the posted worker as he will receive both minimum wage and surplus. Regarding remuneration, one should …” „… Lhernould and B Palli, ‘Posted workers remuneration’ (2017) 1 MJECL 108-126. 73 Case E-12/10, 28/06/2011 …” „… , regarding the obligation to adjust automatically all the rates of remuneration to the cost of living, even …”

Annick Masselot, Bridgette McLellan Directive 86/378/EEC on equal treatment in occupational social security and pension schemes S. 481-495

„… remuneration paid to full-time workers hour-for-hour is higher than that paid to part-time workers.21 Thus, if …” „… :55 “... benefits under occupational social security schemes shall not be considered as remuneration …”

Sophie Robin-Olivier Non-Standard Work: Introduction S. 868-872

„… direction of another person in return for remuneration, including domestic workers, temporary agency workers …”

Martina Benecke ILO Conventions 3, 103 and 183 on Maternity Protection S. 1365-1370

„… , there is no provision concerning remuneration in the time periods the women are forbidden to work or …”

Franz Christian Ebert ILO Convention 182 Worst Forms of Child Labour Convention, 1999 (No. 182) S. 1165-1179

„… prostitution” as the “use of a child in sexual activities for remuneration or any other form of consideration …” „… , 1949 (No. 98); – the Equal Remuneration Convention, 1951 (No. 100); – the Abolition of Forced Labour …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 3 RESC 264 The right to a fair remuneration …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directive 2010/41/EU 586 CHAPTER III NON EU LAW Equal Remuneration Convention, 1951 (No. 100 …”

Martina Benecke Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding S. 1252-1268

„… another person, in return for which he receives remuneration.15 Consistent, in case Betriu Montull the ECJ …” „… to continued remuneration or social employment rights in terms of Art. 11, but only “in accordance …”

David Fennelly International Convention on the Elimination of All Forms of Racial Discrimination: Articles 1, 2 and 5 (ICERD) S. 444-449

„… unemployment, to equal pay for equal work, to just and favourable remuneration; (ii) The right to form and join …”

Anna Lawson United Nations Convention on the Rights of Persons with Disabilities (CRPD) S. 455-461

„… favourable conditions of work, including equal opportunities and equal remuneration for work of equal value …”

Silvia Borelli Article 8 TFEU S. 7-13

„… Fundamental Rights of the European Union, the CEDAW Convention, the ILO Equal Remuneration Convention (n. 100 …”

Karin Lukas Article 7 RESC The right of children and young persons to protection S. 297-304

„… remuneration or any other kind of contribution. Child pornography includes the procurement, production …”

Laura Calafà ILO Convention 140 Paid Educational Leave Convention, 1974 (No 140) S. 1136-1142

„… form of allowance and/or remuneration is provided in relation to the period of leave. From Convention …”

Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… employment; (b) conditions of employment and work, in particular as regards remuneration, dismissal, health …”

Sylvaine Laulom Article 30 CFREU Protection in the event of unjustified dismissal S. 942-948

„… of employment as a consequence of the right to a fair remuneration (Article 4 § 4). In 1989, the …”

Giovanni Orlandini Article 48 TFEU S. 69-76

„… the meaning of the Treaties where they are normally provided for remuneration, in so far as they are …”

Jeff Kenner Article 9 TFEU S. 13-21

„… CEDAW Convention, the ILO Equal Remuneration Convention (n. 100) and the ILO Convention concerning …”

Jule Mulder Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) S. 547-586

„… all remuneration (Article 4).85 The definition of pay under the Recast Directive corresponds with the …” „… sex with regard to all aspects and conditions of remuneration shall be eliminated. In particular …” „… conditions of remuneration’ seems to indicate that the Directive covers both, the equal access to pay as well …”

Anna Alaimo Article 101 TFEU S. 97-107

„… their services for remuneration on a given market (…) and perform their activities as independent …”

Henner Gött Article 6 RESC The right to bargain collectively S. 286-297

„… , holidays, seniority or otherwise) are not affected.102 Remuneration of striking workers must not be reduced …”

Alexia Gardin Directive 1999/70/EC concerning the Framework Agreement on fixed-term work S. 882-894

„… remuneration and pensions. For the Court, “Since the question of interpretation raised cannot be resolved by …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… remuneration, staff who remain in the employ of that undertaking, no contract of employment being entered into …”

Carla Spinelli ILO Convention 1 Hours of Work (Industry) Convention, 1919 (No. 1) S. 1321-1332

„… at least 25 per cent. Providing for overtime remuneration at a higher rate, on the one hand, is a …”

Claire La Hovary ILO Convention 138 Minimum Age Convention, 1973 (No. 138) S. 1124-1136

„… of fair remuneration and its protection, bearing in mind the principle of equal pay for equal work …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… in return for which he receives remuneration.’ However, it follows from a contrario reading of …” „… question forms an integral part of the autonomous organization of employment relations (e.g. remuneration …”

Annick Masselot, Bridgette McLellan Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security S. 466-481

„… remuneration.5 As to the third category (the job seekers), the Court has found that provided the individuals …”

Siska Dubbert, Franz Christian Ebert ILO Convention 129 The Labour Inspection Convention (Agriculture), 1969 (No. 129) S. 1106-1120

„… Machinery Convention, 1928, and the Equal Remuneration Convention, 1951, which have been widely ratified, as …”

Giovanni Orlandini Article 21 TFEU S. 26-41

„… workers of the Member States as regards employment, remuneration and other conditions of work and …”

Tzehainesh Teklè ILO Convention 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) S. 612-630

„… tenure of employment;50 (v) remuneration for work of equal value; (vi) conditions of work including hours …”

Siska Dubbert, Franz Christian Ebert ILO Convention 81 Labour Inspection Convention, 1949 (No. 81) S. 1073-1093

„… remuneration of labour inspectors, including taxes on their salary and pay supplements, should be taken into …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… benefits, allowances and remuneration, shall be established by the competent authorities in that Member …”

Marta Otto Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR) S. 958-981

„… unpaid remuneration against an employer who is in a state of insolvency and the Transfer of Undertakings …”

Adam Sagan Article 11 ECHR Freedom of assembly and association S. 1513-1534

„… However, representatives cannot claim special remuneration. Also, they can be dismissed in accordance with …”

Sara Benedi Lahuerta Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin S. 495-520

„… directly or indirectly are part of the remuneration package, including occupational pensions.109 In …”

doi.org/10.5771/9783845266190

Peter Kindler, Jan Lieder - European Corporate Law

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Peter Kindler (ed.), Jan Lieder (ed.)

European Corporate Law

2021

Results in this title

Jan Lieder, Martin Bialluch Article 9 a Right to vote on the remuneration policy S. 919-931

„… Article 9 a Right to vote on the remuneration policy 1. Member States shall ensure that companies …” „… establish a remuneration policy as regards directors and that shareholders have the right to vote on the …” „… remuneration policy at the general meeting. 2. Member States shall ensure that the vote by the shareholders at …”

Jan Lieder, Martin Bialluch Article 9 b Information to be provided in and right to vote on the remuneration report S. 931-943

„… This requirement relates only to remuneration policies as defined in Article 9 a SRD. The “existing …” „… , the existing practice of payment will be accessible in the remuneration reports, which must be …” „… the content of the specific remuneration and to individual questions of the abstract remuneration …”

Jan Lieder, Martin Bialluch Article 9 Right to ask questions S. 914-919

„… Bialluch 14 15 16 Article 9 a Right to vote on the remuneration policy 1. Member States shall ensure that …” „… companies establish a remuneration policy as regards directors and that shareholders have the right to vote …” „… on the remuneration policy at the general meeting. 2. Member States shall ensure that the vote by the …”

Jan Lieder, Martin Bialluch Article 9 c Transparency and approval of related party transactions S. 943-959

„… of the SRD’s remuneration report concept (→ mn. 8 et seq.). However, a final version is still pending …” „… ) Regulation (EU) 575/2013, which are subject to the Directive 2013/36/EU, should also apply the Remuneration …” „… standardised presentation of the remuneration report under Directive 2007/36/EC, as amended by Directive (EU …”

Index S. 1029-1055

„… companies Intro 118 ff. De facto remuneration policy III 9a 9 Deadline III 9c 20 Decision-making process …” „… III 2 15 – duties and qualification (third country companies) 37 40 – remuneration III 9a 1 ff., 9b …” „… . – mala fide exception 9 19 f. Exceptional circumstances III 9b 19 Excessive remuneration III 9a 7 …”

Jan Lieder, Martin Bialluch Article 3 Further national measures S. 869-870

„… . Director (Point (i)) The term “director” becomes relevant in Articles 9 a and 9 b SRD on the remuneration …” „… policy and the remuneration report as well as the special provision of Article 9 c SRD on related party …”

Jan Lieder, Martin Bialluch Article 2 Definitions S. 863-869

„… relevant in Articles 9 a and 9 b SRD on the remuneration policy and the remuneration report as well as the …”

Jan Lieder, Martin Bialluch Article 1 Subject matter and scope S. 857-863

„… , transparency of institutional investors, asset managers and proxy advisors, remuneration of directors and …” „… objectives on remuneration of directors and related party transactions; cf. Article 1(1) SRD. The rather …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 9 914 Right to vote on the remuneration policy …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 9 a 919 Information to be provided in and right to vote on the remuneration report …”

Jan Lieder, Martin Bialluch Article 15 Transposition S. 974-976

„… implementation of the remuneration policy by the companies. The same can be observed with regard to the …”

Jan Lieder, Martin Bialluch Article 3 h Investment strategy of institutional investors and arrangements with asset managers S. 887-889

„… the asset manager’s performance and the remuneration for asset management services are in line with …”

Tobias de Raet Article 92 Publication of the draft terms of merger S. 514-518

„… of benefit granted on the occasion of a merger which is not compensation/remuneration for a specific …”

Tobias de Raet Article 91 Draft terms of merger S. 509-514

„… which is not compensation/remuneration for a specific task.24 The rationale behind these criteria is to …”

Klaus Bader, Andreas Börner Article 160 d Draft terms of cross-border divisions S. 748-757

„… compensation or remuneration for the rendering of a specific task.17 The rationale behind this requirement is …”

Peter Kindler Introduction S. 1-65

Alexander Schall, David Günther Article 9 Acts of the organs of a company and its representation S. 97-106

„… , remuneration agreements, dividend payments? Finally: Should third parties dealing with insiders be allowed to …”

Tobias de Raet Article 122 Common draft terms of cross-border mergers S. 605-618

„… benefit granted on the occasion of a merger which is not compensation/remuneration for a specific task.42 …”

doi.org/10.5771/9783845279909

Reiner Schulze, Dirk Staudenmayer, Sebastian Lohsse - Contracts for the Supply of Digital Content: Regulatory Challenges and Gaps

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Reiner Schulze (ed.), Dirk Staudenmayer (ed.), Sebastian Lohsse (ed.)

Contracts for the Supply of Digital Content: Regulatory Challenges and Gaps

2017

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Fryderyk Zoll Personal Data as Remuneration in the Proposal for a Directive on Supply of Digital Content S. 179-188

„… 179 Personal Data as Remuneration in the Proposal for a Directive on Supply of Digital Content …” „… or her data as remuneration for the digital content. The focus will be on the question of the …” „… 221. Personal Data as Remuneration 181 II. Data as Counter-Performance? Art 3(1) DCD determines …”

Susana Navas Navarro User-Generated Online Digital Content as a Test for the EU Legislation on Contracts for the Supply of Digital Content S. 229-254

„… ’. It therefore follows that ‘service’ is any activity for which some remuneration is paid. Although …” „… . Furthermore, Art 57 TFEU (ex. Art 50 TEC) refers to services as ‘those normally provided for remuneration …” „… remuneration, as referred to in Art 50 [now Art 57 TFEU] of the Treaty’. One should therefore realise that …”

Reiner Schulze, Dirk Staudenmayer, Sebastian Lohsse Contracts for the Supply of Digital Content: Regulatory Challenges and Gaps – An Introduction S. 9-30

„… . 20 See the contribution by F Zoll, ‘Personal Data as Remuneration in the Proposal for the Directive …” „… Challenges and Gaps: An Introduction 27 remuneration in the conclusion of contract55 but also the data …” „… 55 See the contribution by F Zoll, ‘Personal Data as Remuneration in the Proposal for the Directive …”

Titelei/Inhaltsverzeichnis S. 1-8

„… 171 Rolf H Weber Personal Data as Remuneration in the Proposal for a Directive …”

Gerald Spindler Contract Law and Copyright – Regulatory Challenges and Gaps S. 209-228

„… as mandatory remuneration on an adequate …”

doi.org/10.5771/9783845281391

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