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Johan van der Walt, Jeffrey Ellsworth - Constitutional Sovereignty and Social Solidarity in Europe

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Johan van der Walt (Hrsg.), Jeffrey Ellsworth (Hrsg.)

Constitutional Sovereignty and Social Solidarity in Europe

Reihe: Luxemburger Juristische Studien - Luxembourg Legal Studies

Band 1 2015

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Eleftheria Neframi “Within the Scope of European Union Law,” Beyond the Principle of Conferral? S. 69-108

„… “Within the Scope of European Union Law,”Beyond the Principle of Conferral?Eleftheria …” „… falls within the scope of EU law.Similar conflicts between an objective of the EU and a Member …” „… European Union Law,”89National criminal sanctions within the scope of EU lawNational criminal sanctions and …”

Johan van der Walt Introduction S. 9-38

„… States that mayrequire actions that exceed the scope of legitimate law enforcement afforded by Member …” „… Member States to place the exercise of their retainedcompetence within the scope of EU law and not to …” „… with EU law.This jurisprudence of the ECJ may well come to effect deviations from theprinciple of …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Studies edited byFaculty of Law, Economics and FinanceUniversity of LuxembourgVolume 1BUT_Walt_1759-0.indd …” „… from the publishers. Under § 54 of the German Copyright Law where copies are made for other than …” „… ), andJohan van der Walt (University of Luxembourg - Professor of Philosophyof Law). Additionally, we also had …”

Alain Supiot Judical Enforcement of Social Solidarity in View of Recent European, German and French Jurisprudence S. 109-138

„… not reduced to the corporate defence of union members’ interests in French law. The scope of …” „… , violation ofthese rights would constitute a simple question of public law, and that isall.Be it as it may …” „… British case, Simon Deakin and Frank Wilkinson,The Law of the Labour Market: Industrialization, Employment …”

Ioana Pelin-Raducu Europe’s Sovereign Knot in a Globalised World S. 221-240

„… CJEU to do so within the scope of applicable EU law. By taking into account the concerns voiced by …” „… procedures that supersede national law.Acknowledgment of this complex reality of imbricated multi-level …” „… human rights, the rule of law,and democracy. National constitutional courts have also gained influence11 …”

Johan van der Walt Timeo Danais Dona Ferre and the Constitution that Europeans May One Day Have Given Themselves S. 267-308

„… necessarily exegetically faithful to any one of them.Johan van der Walt270again severing law’s interim …” „… derWalt, “Law and the Space of Appearance in Arendt’s Thought,” in Marco Goldoniand Christopher …” „… the relation between law and legalknowledge, on the one hand, and non-law and lack of legal knowledge …”

Anna Katharina Mangold Democratic Legitimacy of EU Law: Two Proposals to Strengthen Democracy in the European Union S. 165-192

„… narrative of dedicated EU lawyers. Nevertheless,even today the narrative of supremacy of EU law needs …” „… debate about the future institutional setting of the EU.Supremacy of EU LawThroughout his writings about …” „… have precedence and supremacy over national law.The famous main holding of the decision in Costa v …”

doi.org/10.5771/9783845257075

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Martina Schuster

Patenting Proteomics

Reihe: Munich Intellectual Property Law Center - MIPLC Studies

Band 6 2010

Treffer in den folgenden Teilen:

Claim construction and Doctrine of equivalents under German law S. 181-186

„… 181 II. Claim construction and Doctrine of equivalents under German law 1. Claim Construction …” „… the scope of protection according to the content of the claims but avoiding literalism, the courts of …” „… determination of scope if reported in the patent specification. The German Federal Supreme Court, for example …”

Use of new proteomics technologies: An example using sequence-dissimilar proteins sharing common 3-D fold S. 203-237

„… such an inclusion is interpreted as limiting the scope of the patent depends on existing case law …” „… of the claim language is contrary to patent law. 1071 Meier-Beck, Peter, The Scope of Patent …” „… , John H., United States Law of Genomic and Post-Genomic Patens, 33 IIC 779, 788 (2002). 921 See …”

Claim construction and doctrine of equivalents in the U.S. S. 174-181

„… determine the scope of the actual patent right, is a matter of law exclusively for the court.”741 In Markman …” „… infringement. The following chapters attempt to provide such an analysis, focusing on the scope of 3-D protein …” „… structure related claims. First, general aspects of claim construction and its relation to the scope of …”

Applicable law in the U.S. and Europe S. 59-114

„… ) U.S. The fundamental principle of U.S. patent law is that one may patent that which is new …” „… . They are manifestations of law of nature, free to all men and reversed exclusively to none.”164 In …” „… , subsequent patent law does not deny the patentability of all inventions consisting of naturally occurring …”

Use of selective 3-D protein structure parts (Selection inventions) S. 240-246

„… scope of the existing patent.1108 With the high standard of the “obviousness” factor developed in the …” „… inventive activity, provided that all further patentability requirements are fulfilled. The scope of …” „… II, the court stated that: [t]he scope of protection of a patent can also include such embodiments …”

Introduction S. 19-22

„… after the disclosure of genetic sequences; see Barton, John H., United States Law of Genomic and Post …” „… Barton, John H., United States Law of Genomic and Post-Genomic Patens, 33 IIC 779 (2002); Peltonen …” „… so distant future? Due to the novelty and broad scope of the subject, a systematic description of …”

Scope of Protection S. 256-259

„… 256 B. Scope of Protection Long before the term proteomics began to dominate biotechnological …” „… research, the question of whether the scope of protection of DNA patents would provoke infringements by …” „… structure inherently falls within the scope of gene patents that declare the encoded protein as its …”

Research/Experimental Use Exemption S. 186-194

„… means of experimental use exemption. This is not primarily a question of how the patent scope is …” „… determined. Nevertheless, the question of appropriate scope must take into account that a sufficient …” „… the development and submission of information under a Federal law which regulates the manufacture …”

General Findings S. 259-262

„… principles, often derived from chemical inventions. Finally, the scope of protection issues arise in …” „… this study is that proteomics as a subject matter of patent law should be considered as the …” „… solutions for dealing with issues of patentability and scope of protection in the area of proteomics …”

Use of 3-D structure from naturally obtained proteins S. 194-198

„… patents on gene sequences did raise concerns regarding their potentially undue scope of protection.879 Did …” „… without the infringement of an earlier one. It applies, although the scope of protection of the earlier …” „… patent does not include the technical teaching of the later one as such. The German case law did solve …”

Bibliography S. 263-276

„… Matrix: Journal of Law-Medicine 2004, 393. Mullner, S/Neumann, T./Lottspeich, F., Proteomics--a new way …” „… Protein Interaction Networks, 22 Nature Biotechnology 2004, 78-85. Barton, John H., United States Law of …” „… J.R., A European Perspective on the Ideal Scope of Protection and the Disclosure Requirement for …”

Proteomics and Bioinformatics S. 138-169

„… : Patenting the Bridge between Information Technology and the Life Science, 93 IDEA - The Journal of Law and …” „… IDEA - The Journal of Law and Technology 2003, 93, 127 stresses that scientists already possessing the …” „… national interpretations of the EPC have created a large amount of ambiguity related to the scope of …”

Titelei/Inhaltsverzeichnis S. 2-12

„… and Scope of Protection of Three-Dimensional Protein Structure Claims under German, European and …” „… , and storage in data banks. Under § 54 of the German Copyright Law where copies are made for other …” „… into account the law until the end of 2008. The thesis would not have been written without the help …”

Introductory Remarks S. 173-174

„… 173 Chapter 4: Scope of Protection A. Introductory Remarks Patent law should strike a reasonable …” „… . Consequently, the question of whether the scope of protection of DNA patents would provoke infringements by …” „… provide such an analysis, focusing on the scope of 3-D protein structure related claims. First, general …”

Conclusion S. 114-116

„… requirement is met by adequately enabling practice of the full scope of the claim and disclosing in the …” „… decisive element of patent scope, a principle confirmed by further EPC provisions.479 III. Conclusion …” „… The comparison of both patent systems shows that a major distinction remains because the U.S. law does …”

U.S. Patent No. 5,835,382 “Small Molecule Mimetics of Erythropoietin”: A characteristic proteomic patent S. 237-240

„… 237 surrounding this area of the law, the inventor should, to the extent possible, seek broad …” „… provides sufficient information for matching the enablement requirement. In terms of scope of protection …” „… without touching the scope of the existing patent.1108 With the high standard of the “obviousness” factor …”

Proteomics and protein structural properties per se S. 117-138

„… incorporates, as a matter of law, the requirement of 35 U.S.C. § 101 that the specification discloses a …” „… , then the application also fails as a matter of law to enable one of ordinary skill in the art to use …” „… within the scope of the genus or of a recitation of structural features common to the members of the …”

Concluding Remarks S. 249-252

„… process in Bayer is not used in the actual design of the drug. As the lower court had noted “processes of …” „… identification and generation of data are not steps in the manufacture of a final drug product.”1162 Thus, the …” „… Court concluded that the product of Bayer does not fall under Section 271(g).1163 Infringement under …”

Conclusion S. 169-172

„… determines that such practices do not reasonably relate to the subject matter within the scope of the patent …” „… future. In view of the importance of these technologies, the patent law systems must provide adequate …” „… claims. If "the practice has the effect of extending the patentee's statutory rights and does so with an …”

doi.org/10.5771/9783845221441

Magdalena Kolasa - The Scope and Limits of Protection for Distinctive Signs against the Community Design

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Magdalena Kolasa

The Scope and Limits of Protection for Distinctive Signs against the Community Design

Reihe: Munich Intellectual Property Law Center - MIPLC Studies

Band 17 2012

Treffer in den folgenden Teilen:

The scope of protection of distinctive signs under unfair competition law S. 47-54

„… freedom of copying. A detailed analysis of Art 5(5) TMD goes beyond the scope of this thesis as it has …” „… been implemented only by the Benelux countries. 2. The scope of protection of distinctive signs under …” „… unfair competition law The lack of comprehensive harmonization of law in the EU results in large …”

Table of Contents S. 7-10

„… distinctive sign 31 1. The scope of protection of trade marks 31 a) Use in the course of trade 32 b …” „… trade marks with reputation 43 2. The scope of protection of distinctive signs under unfair …” „… reputation 52 (3) Breach of confidence 53 d) General assessment and interplay of factors 53 3. Scope of …”

The scope of protection of trade marks S. 31-47

„… protection of a prior sign invoked under the provisions of the UK law of passing off must be established at …” „… into the scope of protection of the sign and infringes the owner’s rights. The scope of protection of …” „… , with the view on the potential conflict with a design right are described below. 1. The scope of …”

Scope of protection of company symbols and work titles S. 54-55

„… 54 3. Scope of protection of company symbols and work titles The scope of protection of company …” „… the sign is used, under protection of company symbols it is rather the comparison of the scope of …” „… mark law – regardless of goods or services for which the symbol and the design are used, it is the …”

Abstract S. 5-6

„… the owners of distinctive signs. This paper addresses the scope and limits of protection for the …” „… reference to the German jurisdiction. An analysis of the scopes of protection of the relevant distinctive …” „… the scope of protection provided for the distinctive signs by the unfair competition provisions is …”

Trade Mark S. 17-21

„… right to prohibit the use (in the case of domain names)20 and therefore go beyond the scope of this …” „… . However, as the development of law has shown, it is not the only ground for the protection of trade marks …” „… the grant of protection34 and scope35 of the exclusive right. Therefore in the EU, there are 28 …”

Scope of protection of trade names (Firma) S. 55-56

„… this reason for a detailed analysis of the scope of protection it is referred to the analysis …” „… regarding protection of marks with reputation in Chapter III C. 1. f. 4. Scope of protection of trade …” „… be of an economic nature.262 5. Scope of protection of names The protection under §12 BGB is …”

Prior distinctive sign and a subsequent design S. 30-31

„… that the existence or protection of a prior sign invoked under the provisions of the UK law of passing …” „… the use, i.e. that the design falls into the scope of protection of the sign and infringes the owner’s …” „… rights. The scope of protection of trade marks, company symbols and work titles, trade names, names …”

Introduction S. 15-16

„… lack of novelty,9 lack of individual character10 or on it falling into the scope of protection of that …” „… level of legal uncertainty connected to its application. This thesis tries to analyse the scope of Art …” „… States, i.e. those that due to the geographical scope of a Community design may provide for legal …”

Summary S. 73-74

„… independent legal grounds, as depicted on the example of German law. Thereby the scope of protection for …” „… applied in OHIM. Furthermore, the legal uncertainty associated with the admissibility and scope of …” „… provided in Art. 25(1)(b) CDR. Nevertheless, a further development of case-law might create incentives for …”

Scope of protection of names S. 56-57

„… 56 It has been recognised by the case-law that those rights must be of an economic nature.262 5 …” „… . Scope of protection of names The protection under §12 BGB is pre-empted by the possibility to rely on …” „… trade mark law.263 Therefore in the context of design infringement it is not likely to be relied on in …”

Applicable law and procedural challenges S. 63-66

„… rule of conflict of laws302 prescribes that upon application of foreign law the court may use the …” „… stand-alone action for invalidation of an unregistered Community design.291 2. Applicable law and procedural …” „… right to a Community trade mark it will be the provisions on the scope of protection stipulated in the …”

Titelei S. 2-4

„… Kolasa The Scope and Limits of Protection for Distinctive Signs against the Community Design The …” „… similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies are made …” „… München Prof. Robert Brauneis The George Washington University Law School Prof. Dr. Josef Drexl, LL.M …”

Applicant and forum S. 63

„… stand-alone action for invalidation of an unregistered Community design.291 2. Applicable law and procedural …” „… right to a Community trade mark it will be the provisions on the scope of protection stipulated in the …” „… court will need to apply the provisions of the relevant national law.293 In the OHIM it is the duty of …”

The limits of protection of trade marks S. 57-60

„… OHIM presents a different approach, including in the scope of distinctive signs only those names that …” „… limits of protection of trade marks In infringement proceedings under the trade mark law, the defendant …” „… applicant to establish the existence of his right. A defence that has been recognised by the case-law in …”

Invalidation of the design or action for infringement of the prior sign? S. 67-70

„… able to limit the territorial scope of this right. It is submitted, that even though the CDR was …” „… Court could result in unacceptable abuses of law. Therefore, an invalidation of a Community design is …” „… , referring to the principles of priority and possibilities of abuse of law, do not so much depend on the …”

Names §12 BGB S. 25-26

„… business circles in the Community. The discussion of this concept goes beyond the scope of this thesis …” „… 25 4. Firma (trade name), §17 HGB a) General remarks Trade name is a registered name of a …” „… ) in his activities on the market, thereby allowing for the recognition of the market participants and …”

The notion of a Community Design S. 26-28

„… business circles in the Community. The discussion of this concept goes beyond the scope of this thesis …” „… 26 marks - there exists a crossover of protection under the trade mark rules, §15 MarkenG, §37 …” „… HGB and §12 BGB.71 b) Names that may conflict with a Community design Protection of names under §12 …”

doi.org/10.5771/9783845243856

Constanze Semmelmann - Social Policy Goals in the Interpretation of Article 81 EC

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Constanze Semmelmann

Social Policy Goals in the Interpretation of Article 81 EC

2008

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Written derogations: Limitations on the scope of competition law S. 87-88

„… . Written derogations: Limitations on the scope of competition law Certain fields are excluded from the …” „… field of employment law.343II. Limitations on the scope of competition law: Implicit derogations on …” „… scope of the competition rules on the basis of the Treaty. This includes Articles 32 (1) (2), 36 (1) EC …”

Limitations on the scope of competition law: Implicit derogations on the basis of the allocation of powers S. 88-89

„… scope of competition law: Implicit derogations on the basis of the allocation of powers In the absence …” „… of the duty to observe EEA law), in particular the wide and functionally interpreted scope of the …” „… competences as such. III. Limitations on the scope of competition law: Implicit derogations on the basis of …”

Limitations on the scope of competition law: Implicit derogations on the basis of fundamental rights S. 89-90

„… of the duty to observe EEA law), in particular the wide and functionally interpreted scope of the …” „… competences as such. III. Limitations on the scope of competition law: Implicit derogations on the basis of …” „… areas of social security law,346 EU-citizenship read in conjunction with the non-discrimination …”

Judicial review of the Commission decisions adopted under Article 81 (3) EC S. 184-189

„… , 2001, 240-258, at 246. 792 Bailey, Scope of Judicial Review under Article 81 EC, 41 Common Market Law …” „… again. Similarly, Bailey, Scope of Judicial Review under Article 81 EC, 41 Common Market Law Review …” „… , they can, however, not modify the law. An argument in favour of a certain 799 Bailey, Scope of Judicial …”

Collective bargaining agreements in competition law: Albany S. 90-92

„… has to apply to the determination of the scope of EC competition law.355 In the context of competition …” „… Article 81 EC. IV. Limitations on the scope of competition law: ipso facto derogations created by the …” „… law, one would face the problem of the direct horizontal effect of the fundamental rights unless an …”

The “European rule of reason” S. 97-112

„… discussion Odudu, The Boundaries of EC Competition Law. The Scope of Article 81. Oxford, Oxford University …” „… growing. The ECJ consistently placed sports within the scope of Community law “in so far as it constitutes …” „… Odudu, The Boundaries of EC Competition Law. The Scope of Article 81, Oxford, Oxford University Press …”

Collective bargaining agreements in competition law: The Post-Albany case law and the reactions of scholars S. 92-93

„… agreements from the scope of competition law can be linked to genuine competition goals or market failures …” „… authorities. Further ipso facto derogations from the scope of EC competition law have been discussed in the …” „… improvement of work and employment.3652. Collective bargaining agreements in competition law: The Post-Albany …”

Content S. 9-16

„… constitution 30Chapter 2: Delineation and scope of the topic in light of the goals of EC competition law 33I …” „… Courts 89I. Written derogations: Limitations on the scope of competition law 89II. Limitations on the …” „… scope of competition law: Implicit derogations on the basis of the allocation of powers 90III …”

Non-competition goals in the interpretation of Article 81 (3) EC under Reg. 1/2003 S. 193-200

„… , at 152 et seq. 865 Odudu, Okeoghene, The Boundaries of EC Competition Law. The Scope of Article 81 …” „… the position that an enforcement reform, mainly concerning secondary law, leads to a modification of …” „… authoritatively by the courts. This view is derived from the hierarchy of rules between primary and secondary law …”

Comment S. 93-94

„… bargaining agreements from the scope of competition law can be linked to genuine competition goals or market …” „… authorities. Further ipso facto derogations from the scope of EC competition law have been discussed in the …” „… 95this per se approach with its rather vague criteria of scope was considered problematic.3703 …”

Article 81 (3) EC under the Commission’s exemption monopoly S. 183-184

„… Article 81 (1) EC, see Bailey, Scope of Judicial Review under Article 81 EC, 41 Common Market Law Review …” „… : Ehlermann and Atanasiu (eds.), European Competition Law Annual 2000. The Modernisation of EC Antitrust …” „… Policy, Oxford, Hart, 2001, 75-110. 785 Wils, The Optimal Enforcement of EC Antitrust Law, The Hague …”

The free movement provisions, social policy, and their application to private parties S. 162-173

„… from entities which are governed by private law, one has the choice between an extension of the scope …” „… law disputes, the ECJ has extended the scope of the free movement provisions ratione personae to cover …” „… between European Competition Law and National Regulation - A Conflict of Laws Reconstruction of the …”

Competition law and the state action doctrine S. 176-180

„… institutional basis, permit Member States to determine unilaterally the scope of EC competition law. Substantive …” „… Liquor Dealers v. Midcal Aluminium.767 Elhauge, The scope of the antitrust process“, 104 Harvard Law …” „… tests at the other end of the spectrum subject all state action to the competition law analysis and …”

Assessment of the reform S. 200-208

„… Commission, the question of the margin of appreciation/discretion, and the scope of judicial review. Further …” „… legal problems concern the uniformity and consistency of the law, threatened by the multiplicity of …” „… practical problems (which may be linked to legal certainty and an efficienct application of the law) relate …”

Bibliography S. 217-232

„… Courts, 23 European Competition Law Review (2002), 72-80. Bailey, David, Scope of Judicial Review under …” „… Geradin,Damien, Global Competition Law and Economics, Portland 2007.Elhauge, Einer, The scope of the antitrust …” „… , Martin, Non-economic activities in upstream and downstream markets and the scope of competition law after …”

Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in particular of the social policy goals S. 132-140

„… Conflicts between European Competition Law and National Regulation - A Conflict of Laws Reconstruction of …” „… particular of the social policy goals a. Key questions The Commission practice and the case law summarised …” „… non-competition goals. Scholars have tackled the issue of non-competition goals in EC competition law along the …”

Conclusion: The goals of EC competition law S. 57-59

„… 1186. 205 See further for the debate Odudu, The Boundaries of EC Competition Law. The Scope of …” „… Odudu, The Boundaries of EC Competition Law. The Scope of Article 81, Oxford, Oxford University Press …” „… .2036. Conclusion: The goals of EC competition law Embedding competition law and policy in its context …”

Balance between market and non-market goals under the EC Treaty S. 31-32

„… 33Chapter 2: Delineation and scope of the topic in light of the goals of EC competition law I …” „… meet the proportionality test. In competition law, Article 86(2) EC provides for a justification of …” „… interpretation of EC competition law.64 The impact of the change in the Lisbon Treaty is currently subject to …”

Freedom of competition/economic freedom S. 55-57

„… , The Boundaries of EC Competition Law. The Scope of Article 81, Oxford, Oxford University Press, 2005 …” „… favourable treatment is not represented by incorporating a goal of EC competition law as such, but rather a …” „… limitation of its scope. 5. Freedom of competition/economic freedom The value of the economic freedom of …”

The impact of social policy by virtue of the cross-sectional clauses S. 151-153

„… allocation of powers does not serve as a limiting factor regarding the scope of competition law.653 However …” „… reconcile conflicting goals apply also within the scope of the cross-sectional clauses.649643 Some scholars …” „… interpretations based on them ignore the hard and soft law mechanisms resulting from the principle of conferred …”

The US “rule of reason” S. 94-97

„… precedence to the “demonstrable economic effects” instead of “formalistic line drawing”.383 The scope of the …” „… Workable Rule of Reason: A less ambitious antitrust role for the federal courts, 68 Antitrust Law Journal …” „… federal courts, 68 Antitrust Law Journal (2001-2002), 337-386, at 356. 386 Arthur, A Workable Rule of …”

Options to reconcile Article 81 EC and social policy and their impact S. 84-86

„… fundamental social rights, the narrow interpretation of the scope of the “undertaking”, a “European rule of …” „… ) “European rule of reason”, “undertaking”, Article 81 (3) EC), EC law, and the interpreting institutions are …” „… the scope of review before the CFI both represented important factors that influenced the outcome. In …”

Freedom as a value in itself S. 32-36

„… economic freedom, cited in Odudu, The Boundaries of EC Competition Law. The Scope of Article 81, Oxford …” „… ). The ECJ took this aim seriously in the interpretation of EC competition law.64 The impact of the …” „… what the competition goals are. Chapters 2 and 3 aim at delineating the scope of the topic of the …”

The competition rules and the free movement rules: The complementary character of the early days S. 157-158

„… Competition Law. The Scope of Article 81 EC, Oxford, Oxford University Press, 2005, at 48 et seq. 671 …” „… maintenance of the common market.667 When compared to the free movement provisions,668 competition law is thus …” „… Convergence in the Application of the Rules on Free Movement and on Competition?, 38 Common Market Law Review …”

The public and the private sphere S. 158-159

„… Competition Law. The Scope of Article 81 EC, Oxford, Oxford University Press, 2005, at 48 et seq. 671 …” „… . Modern economic law is based on the economic liberalism of the 19th century with the major focus on the …” „… . Similarly, Loozen, Professional Ethics and Restraints of Competition, 31 European Law Review (2006), 28-47 …”

Small and medium sized enterprises S. 54-55

„… 56Commission, increasingly followed by the CFI, assumes that EC competition law pursues the goal of …” „… tendencies demonstrate in any case that the ever-controversial plurality of goals of competition (law and …” „… smaller undertakings have played a role in EC competition law.190 The term of fairness invites for …”

Approaching the non-competition goals in the interpretation of Article 81 EC S. 32

„… ). The ECJ took this aim seriously in the interpretation of EC competition law.64 The impact of the …” „… what the competition goals are. Chapters 2 and 3 aim at delineating the scope of the topic of the …” „… 34II. Approaching the non-competition goals in the interpretation of Article 81 EC The EC Treaty …”

Preface S. 5-8

„… and the inconsistent case law and practice, before seeking new solutions in light of ongoing policy …” „… and enforcement-related changes in the field of EC competition law. The major question, being a …” „… classical issue of EC competition law, is placed within a broader framework: I have undertaken an attempt to …”

Comment S. 77-78

„… ability to make exemptions from the scope of competition law. From an economic point of view, competition …” „… 794. Comment The underlying question of how to deal with the labour market from a competition law …” „… Justice Exempts Collective Labour Agreements from the Wrath of Antitrust, 25 European Law Review (2000 …”

Plurality of goals S. 83-84

„… provided for by the law. At the end of the day, a trade-off will be required between legal certainty on the …” „… - Axio-Teleological Conflicts of Norms, in: Ferrer Beltrán and Narváez Mora (eds.), Law, Politics, and Morality …” „… face the allegation of illegality under competition law considerations. Examples include collective …”

Economic efficiency S. 36-39

„… economic freedom, cited in Odudu, The Boundaries of EC Competition Law. The Scope of Article 81, Oxford …” „… the 1960s, when US antitrust law reflected a philosophy of political democracy that favoured …” „… Antitrust Law Journal (2000-2001), 545-565 ; pointing to its role but also its limits: Fox, Modernization of …”

Competition law theory S. 75-77

„… exemptions from the scope of competition law. From an economic point of view, competition principles should …” „… law theory.309The particularity of labour regulation consists of the possibility that both sides of …” „… relevance in the context of competition law and adds a further dimension to the problem of whether …”

Compatibility of and harmonisation among the several goals S. 41-44

„… , München, 2007, Einleitung, para. 9; Odudu, The Boundaries of EC Competition Law. The Scope of Article 81 …” „… competition law or have led to an obstacle in its enforcement policy.117 The achievement of socio-political …” „… goals by competition law may be a desired (long-term) consequence of the application of competition law …”

Conflict S. 84

„… fundamental social rights, the narrow interpretation of the scope of the “undertaking”, a “European rule of …” „… since it touches upon the political question of whether there is a certain economic model enshrined in …” „… undistorted competition, in particular to the prohibition of cartels on the one hand, and social policy on the …”

Comments on the term and concept of “social market economy” S. 149-151

„… ., when reviewing Commission decisions in competition law.6354. Comments on the term and concept of …” „… brief detour into the case law of the German Federal Constitutional Court demonstrates that even …” „… function of fundamental rights radiating into any field of law as a precondition of the indirect horizontal …”

Conclusion: No room for non-competition policies under the enforcement regime of Reg. 1/2003 S. 208-210

„… , and with respect to the scope of judicial review add a strong argument against the consideration of …” „… question of whether non-competition goals are admissible under the new enforcement system and if so, how …” „… assessing factual matters, which could include the question of whether a certain non-competition goal …”

Economic efficiency S. 49-54

„… Competition Law Centre within the College of Europe expressing great concern about the adopted change …” „… mentioned as the immediate or ultimate long-term goals of competition. In the past, EC competition law was …” „… goals and changes as to the methodological approach in EC competition law. In the context of Article 81 …”

Article 81 (3) EC S. 112-132

„… excluded the collective agreements setting up the fund from the scope of competition law because they were …” „… Conflict of Laws Reconstruction of the Dispute of Price Fixing, 1 European Review of Private Law (2000 …” „… ) Social security and the labour market: The underpinnings of the derogations The case law has demonstrated …”

Positive and negative integration and in between S. 61-68

„… perspective, EC social policy is regarded either as the soft bit of EC law, an essential component of …” „… Barnard, EC "Social Policy", in: Craig and de Búrca (eds.), The Evolution of EU Law, Oxford, Oxford …” „… policy”, it refers first and foremost to labour law.225 Due to the “janus-headed” nature of labour – as a …”

The concept of “social market economy”: the original concept and its significance in practice S. 146-148

„… competition policy. Protocol No 6 shares the rank of primary law. This means that, legally, the goal of …” „… . Beyond that, Müller-Armack proposed measures of a broader societal scope such as public investment in …” „… 148 Treaty. It was argued that it becomes increasingly difficult to construe a privileged role of …”

doi.org/10.5771/9783845210797

Burkhard Hess, Koen Lenaerts - The 50th Anniversary of the European Law of Civil Procedure

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Burkhard Hess (Hrsg.), Koen Lenaerts (Hrsg.)

The 50th Anniversary of the European Law of Civil Procedure

Reihe: Studies of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law

Band 22 2020

Treffer in den folgenden Teilen:

Maciej Szpunar EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions S. 71-80

„… EU Private International Law: Consistency of the Scopes of Application and/or of the Solutions …” „… to a postulate of consistency between the scopes of EU private international law regulations and …” „… the scope of the parties’ autonomy as regards the choice of applicable law and of forum as well as …”

Johan Meeusen The Contribution of ‘Brussels I’ to the Process of EU Integration: a True Trailblazer for the Europeanization and Constitutionalization of Private International Law S. 121-146

„… than later to further examine the interaction, within the scope of EU law, between private …” „… sources of EU private international law which, mutatis mutandis, lack the scope limitations that still …” „… Europeanization and Constitutionalization of Private International Law Johan Meeusen* Table of Contents …”

Burkhard Hess Seminal Judgments (les Grands Arrêts) in the Case Law of the European Court of Justice S. 11-46

„… case-law cited. Burkhard Hess 30 ensure that, within the scope of the objectives of that regulation …” „… proceedings from the scope of the Convention, national law applied, cf. ECJ, 4.2.1988, case C-145/86 …” „… the development of European procedural law (2). These were mainly marked by law-making activities the …”

Cinzia Peraro Cross-border Collective Redress and the Jurisdictional Regime: Horizontal vs Sectoral Approach S. 317-348

„… and applicable law. As far as the jurisdictional regime is concerned, the extension of the scope of …” „… the freedom of establishment or to provide service63. Thus, in the law-making process, attention shall …” „… , legislative developments and the controversial (scant) case law of the Court of Justice, mainly concerned with …”

Fausto Pocar The Brussels Convention: 50 Years of Contribution to European Integration1 S. 249-258

„… point of a prodigious development of European civil procedural law and legal cooperation through half a …” „… century, and more in general of European private international law. The Convention, indeed, permeated and …” „… Brussels I Regulation as the governing procedural law for the settlement of disputes before the European …”

Lucilla Galanti CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion S. 285-316

„… CJEU Case-Law and Forum Connexitatis: an Analysis of the Close Connection Criterion Lucilla Galanti …” „… Same Situation of Fact and Law: An Early “Rigorous” Approach2.1. 293 The Evolution of the Concept of …” „… “Same Situation of Fact and Law”2.2. 297 The Confirmation of the Extensive Approach in Patent and Design …”

Tobias Lutzi Casting the Net: Has the Court of Justice’s Approach to Online Torts Made the Brussels Framework Fit for the Internet Age? S. 451-472

„… online torts. Questions remain with regard to the scope, interplay, and, indeed, the appropriateness of …” „… Online Torts In order to be able to discuss the present state and future viability of the ECJ’s case law …” „… to choose between them. Widening the scope of special jurisdiction, the Court’s interpretation …”

Index S. 551-558

„… , 512 Autonomous interpretation of EU Law, 15, 17, 19, 41, 98, 99, 106, 151, 188, 216, 253 Autonomy …” „… , – autonomy of EU law, 214, 217 – institutional autonomy, 206, 207, 209, 236 – procedural autonomy, 35, 203 …” „… , 211, 213, 217, 218, 240 – origin of procedural autonomy, 206, 219, 237 – scope of procedural autonomy …”

Janek Tomasz Nowak Representative (Consumer) Collective Redress Decisions in the EU: Free Movement or Public Policy Obstacles? S. 393-450

„… March 2018 modifying the Economic Law Code by extending the scope of application of the action for …” „… ; Visiting Lecturer, MCI Innsbruck. I would like to thank dr. Stephanie Law (University of Southampton) for …” „… entry into force of the new Dutch law on judicial collective redress or the June 2020 agreement on the …”

Etienne Farnoux Delendum est Forum Delicti1? Towards the Jurisdictional Protection of the Alleged Victim in Cross-Border Torts S. 259-284

„… law in the rules of conflict of laws. It is beyond the scope of this article to discuss at length the …” „… sense that it is the law that is best known to him). The only conflict of laws rules that directly …” „… Anniversary of the European Law of Civil Procedure” conference for the thorough discussion and comments. 259 …”

Xandra Kramer, Jos Hoevenaars European Civil Procedure and the Dialogue between National Courts and the European Court of Justice S. 175-202

„… Competence for a Comprehensive Harmonisation of Contract law-An Empirical Analysis’ (2005) 30 European Law …” „… of national court judges and lawyers with the ECJ’ (forthcoming) European Law Review. 60 J …” „… and Outlook5. 199 * Xandra Kramer is Professor of Private Law, Erasmus University Rotterdam, and …”

Stephanie Law Your Place? Mine? Or Theirs? A Legal and Policy-orientated Analysis of Jurisdiction in Cross-Border Collective Redress S. 349-392

„… measures adopted are limited in their scope (in terms of the substantive law covered, and their …” „… procedures with horizontal scope and one mechanism specifically applicable to violations of competition law …” „… Collective Redress Stephanie Law* Table of Contents Introduction1. 350 The Development of Mechanisms to …”

Zuzanna Witek Trust, but Verify. Loss of Mutual Trust as a Ground for Non-Recognition in the Area of Freedom, Security and Justice. Example of the Judiciary Crisis in Poland S. 507-546

„… an essential component of the rule of law92. In the scope of the AFSJ, judicial cooperation is …” „… given Member State's laws, regulations or practices violate the rule of law (Article 267 TFEU); 3. a …” „… , the Law on the Supreme Court and other Laws, 16 January 2020, CDL-PI(2020)002-e. 149 Press release of …”

Henrik Saugmandsgaard Øe The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the National Judges S. 147-160

„… of Justice in the scope of the Brussels I Regulations. In my opinion, the European law of civil …” „… international civil procedure law as it results from the Brussels I Regulations.2 The laws of civil procedure of …” „… The Application of the European Law of Civil Procedure in the Dialogue Between the CJEU and the …”

Sabine Corneloup The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint S. 107-120

„… The Shift from a Choice of Law-Centred Approach to a Civil Procedure Standpoint Sabine Corneloup …” „… Convention and the Brussels I Regulation triggered a shift from a choice of law-centred approach that has …” „… ). Therefore, for a French lawyer, the title of this book chapter (“The European law of civil procedure and …”

Titelei/Inhaltsverzeichnis S. 1-10

„… International Law: Consistency of the Scopes of Application and/or of the Solutions 71 Maciej Szpunar Le …” „… Choice of Law-Centred Approach to a Civil Procedure Standpoint 107 Sabine Corneloup The Contribution of …” „… The 50th Anniversary of the European Law of Civil Procedure Burkhard Hess | Koen Lenaerts (eds …”

Elena Alina Onţanu Encoding Justice: A Quest for Facilitating Access to Justice by e-Handling of Cross-Border Litigation. The Example of the European Uniform Procedures S. 473-506

„… of Modern Science” in Court- Related Proceedings’, Griffith Law Review – Special Symposium: The Laws …” „… Courts' Websites Experience’, International Journal of Law and Information Technology, 14(2006)3, p …” „… the development of technology and procedural law solutions in cross-border procedures and offer …”

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