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Sandra Schmitz - The Struggle in Online Copyright Enforcement

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Sandra Schmitz

The Struggle in Online Copyright Enforcement

Series: Luxemburger Juristische Studien - Luxembourg Legal Studies

Volume 8 2015

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Titelei/Inhaltsverzeichnis S. 1-20

„… Compliance of Cost-Sharing with Secondary EU Law dd) 389 Conformity with the Fundamental Rights of Internet …” „… of Information Disclosure with Secondary EU Law b) 503 Conformity with the Fundamental Rights of …” „… Concerns in Relation to Access Blocking a) 643 Compliance with Secondary EU Lawb) 646 Conformity with …”

B. National Enforcement Measures Against Users S. 243-517

„… compensation for damages from them, need to be in conformity with European law. European law sets up a common …” „… enforcement schemes and secondary EU law will be focussed on, before the compatibility of the schemes with the …” „… market, a number of measures updated over recent years now exist at EU level that deal with infringements …”

B. Enforcement Measures Directed at Intermediaries S. 565-719

„… case law shows, that the compatibility of such injunctions with EU law, in particular with the …” „… assessing whether that injunction was consistent with EU law, account was also taken of the requirements …” „… is compatible with EU law, to require an Internet access provider to take specific measures to make …”

A. The Peer-to-Peer File-Sharer as the Addressee of Enforcement Measures S. 195-243

„… enforcement mechanism with secondary EU law and fundamental rights. Peer-to-Peer File-Sharing: Scope, Specific …” „… for private use is compliant with EU copyright law has only recently been subject before the CJEU in …” „… Digital Economy Act 2010. 693 Rónán Kennedy, No three strikes for Ireland (yet): EU Copyright Law and …”

B. The Technological and Legal Challenges of Online Copyright Enforcement S. 115-195

„… are the result of EU law, the conformity with fundamental rights has to be tested against the CFR. The …” „… with. 376 Ian J. Lloyd, Information Technology Law (4th ed. 2004), p. 13. 377 Ibid. Its invention is …” „… ates traditional human rights norms at the level of international law. The UDHR together with the …”

doi.org/10.5771/9783845265872

Mahulena Hofmann - Europarecht und die Gerichte der Transformationsstaaten

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Mahulena Hofmann (ed.)

Europarecht und die Gerichte der Transformationsstaaten

2008

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Mirjam Škrk Mirjam Škrk: European Law and the Constitutional Court of the Republic of Slovenia S. 54-76

„… In 1994, the ECJ confirmed the conformity of the Regulation on Bananas with EU law. On the grounds …” „… rights, it is obliged to apply the legal acts of the EU in conformity with the legal regulation of such …” „… unconstitutionality only for the fact that it is inconsistent with EU law, as according to EU law it suffices that …”

Jiří Malenovský Jiří Malenovský: The Relations between Constitutional Law, Community Law and International Law according to the Czech Constitution: Still Ambiguities to be Resolved S. 31-39

„… themselves the evaluation of conformity of domestic law with community law. Paraphrasing these doctrinal …” „… hand, in conformity with an a contrario interpretation criterion, it was necessary to conclude that the …” „… treaty an equivalent rank with the Constitution itself. The EU constituent treaties can be considered as …”

Pavel Šturma Pavel Šturma: The Relationship “European Law – Domestic Courts”: More than Mere Legal Relevance? S. 176-185

„… examines the conformity of EC/EU law with the European Convention and intervenes in cases where the ECJ …” „… scrutiny over compliance with the Convention by Member States where they only implement acts of EC/EU law …” „… Šturma ∗ I. Introduction Both EU law and constitutional law provide a number of solutions or at least …”

Arne Marjan Mavčič Arne Marjan Mavčič: Some Issues Concerning the Relation between the National Constitutional Law and the European Law in Slovenia S. 40-53

„… been raised. The petitioner challenged the conformity of a particular law with the provisions of the …” „… . Slovenia adopted the text of the Treaty as a document which is in conformity with the basic expectations …” „… the independent Slovenia12 was adopted on 23 December 1991. With the Constitutional Law for the …”

Dawid Miąsik Dawid Miąsik: European Law and the General Courts of the Transition Countries S. 97-125

„… prawem Wspólnot Europejskich, (Interpretation of national law in conformity with EC law) [w …” „… the process of inte- 98 dards. conformity with EC law was considered as the cheapest and most …” „… law in conformity with EC law was established, as a “preferred interpretation” or even as a”proper …”

Franz Merli Franz Merli: EC Law and the Austrian Constitutional Court S. 170-175

„… materiae to decide on the conformity of Austrian legal acts with EC law, EC law plays an important rule in …” „… alter this standard – be it by an interpretation of Austrian constitutional law in conformity with EC …” „… Verfassungsgerichtshof has intensively dealt with questions of European law for a long period of time. This certainly …”

Pedro Cruz Villalón Pedro Cruz Villalón: European Law and the Courts of the Transition Countries: A Note on the Spanish Case S. 163-169

„… opening the negotiations for the full membership in the EC/EU. The main difference with the Central and …” „… serious the ECJ was to be about the supremacy of EU law. In fact, in 1978 Community law was in Spain a …” „… inside the State, and consequently EU law was of no relevance for the adjudication of territorial …”

doi.org/10.5771/9783845211756

Wolfgang Weiß - Die Rechtsstellung Betroffener im modernisierten EU-Kartellverfahren

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Wolfgang Weiß (ed.)

Die Rechtsstellung Betroffener im modernisierten EU-Kartellverfahren

Series: Studien zum Internationalen Wirtschaftsrecht - Studies on International Economic Law

Volume 1 2010

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Wolfgang Weiß EU Human Rights and Antitrust Enforcement: Why Regulation 1/2003 Changed the Picture S. 43-73

„… same infringement against EU antitrust law are not in conformity with the ECHR. In consequence …” „… paper will first of all show that the traditional state of play with regard to human rights in EU law …” „… fundamental rights as general principles of EU law in a case by case approach also with regard to antitrust …”

doi.org/10.5771/9783845222868

Bettina Heiderhoff, Reiner Schulze - Verbraucherrecht und Verbraucherverhalten

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Bettina Heiderhoff (ed.), Reiner Schulze (ed.)

Verbraucherrecht und Verbraucherverhalten

Series: Europäisches Privatrecht

Volume 44 2016

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Peter Møgelvang-Hansen Consumer Law and Consumer Behaviour: Some Illustrations S. 33-44

„… law. The overall theme is related to the confrontation of legal rules with reality. The aim is to …” „… law in this area of EU consumer law is underlined by the fact that many of the benchmark provisions of …” „… law the product had to carry a trade description with an additional statement indicating that …”

Fernando Gómez, Karolina Lyczkowska Preliminary References on Consumer Law from Spanish Courts: A Law and Economics Perspective S. 149-186

„… proceedings with EU law have been answered by the CJEU in its decision in Banco Popular Español/ Banco de …” „… whatever reason: imagine the issues involved do not present a relevant connection with EU law, or the …” „… , and mostly on the compatibility with European law of different Spanish rules governing mortgage …”

doi.org/10.5771/9783845270678

Marc Bungenberg, August Reinisch - CETA Investment Law

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Marc Bungenberg (ed.), August Reinisch (ed.)

CETA Investment Law

2022

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Lori Di Pierdomenico Article 8.15 Reservations and exceptions S. 374-394

„… amendment that decreasesthe conformity of the measure with the Party’s obligation falls outside the coverage …” „… consisten[cy] with the measuremust be in reference to both the Party’s law governing the measure, and the …” „… non-conformity with thatobligation, in light of the other elements of the reservation that would be relevant:As …”

Panos Koutrakos Article 8.8 Senior management and boards of directors S. 231-235

„… the public security and public order exceptions in identicalterms.5 It is also familiar from EU law …” „… prior case-law of the European Courtof Justice (eg CJEU, Case 67/74, 26.02.1975, Bonsignore, EU …” „… :C:1975:34, para. 6). On exceptions underEU law, see Koutrakos et. al. (eds), Exceptions from Free Movement …”

Markus Burgstaller Article 8.22 Procedural and other requirements for the submission of a claim to the Tribunal S. 534-542

„… under domestic or international law with respect to a measure allegedto constitute a breach referred to …” „… courtunder domestic or international law with respect to a measure alleged toconstitute a breach referred to …” „… investor withdraws its claim, in conformity with the applicable rulesunder Article 8.23.2, within 12 months …”

Johannes Tropper Article 8.6 National treatment S. 194-215

„… ,] CAN to its own [like] EU investors [and investments] EU [with respect to theestablishment, acquisition …” „… exactsituations to its own investors and to their investments with respect to the establishment [EU …” „… circumstances,] CAN to its own [like] EU in-vestors [and investments] EU [with respect to the establishment …”

Marc Bungenberg, August Reinisch An Overview of the CETA – Investment Chapter (Chapter 8) S. 1-42

„… decisive element was the principle ofautonomy of EU Law – with the CJEU being the only competent …” „… the EU wanted to adhere had to be in conformity with the EU’s ‘constitu-tional framework’ and …” „… set aside national law that is not in conformity with CETAChapter 8, but can only award …”

August Reinisch Article 8.7 Most-favoured-nation treatment S. 216-230

„… Law. A Handbook (Beck/Hart/Nomos 2015) 807; August Reinisch, ‘Putting the Pieces together … an EU …” „… clauses with commentaries 1978 (ILC DraftArticles), Yearbook of the International Law Commission, 1978 …” „… . Second, in this early2011 draft version the EU first introduced exceptions to the MFN clause with …”

Marc Bungenberg, Afolabi Adekemi Article 8.18 CETA (Scope) S. 434-484

„… jurisdiction, such as conformity with the applicable law(c); including ownership or control (d).3 …” „… down in EU Law.36 Among the Member States, a great variety in therules and practices with respect to …” „… (eds),European Yearbook of International Economic Law: International Investment Law and EU Law (Springer2011), 29 …”

Marc Bungenberg, August Reinisch Article 8.29 Establishment of a multilateral investment tribunal and appellate mechanism S. 633-653

„… purported MIC, with EU law. Already in the past, the CJEUhad emphasised the principle of autonomy of EU law …” „… little doubt about the compatibilityof an investment court with EU law, through Opinion 1/17 of 30 April …” „… European Union, is, in principle, compat-ible with EU law. Indeed, the competence of the European Union in …”

Frank Hoffmeister, Mattijs Kempynck Article 8.28 Appellate Tribunal S. 610-632

„… judgment on the questionwhether or not, in applying that law, Poland is acting in conformity with its …” „… Investment. As Canada agreed with the main aspects of the EU’sICS proposal published in November 2015,14 the …” „… Council on 11 October 2019 fourdraft legal acts, which the EU would share with Canada for adoption well …”

Herman Verbist Article 8.20 Mediation S. 485-519

„… Fof Chapter Eight of CETA is compatible with EU primary law.119 After the EuropeanParliament adopted …” „… Agreement with Canada, 14 July 2011.91 EU-Canada Comprehensive Economic and Trade Agreement …” „… Conduct forArbitrators and Mediators110 and Annex 15-C deals with the mediation mechanism.111The EU …”

doi.org/10.5771/9783748902133

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