bluuebunny/crossref_metadata_2025 huggingface dataset:
Title III Provisions on the Institutions
Authors: Loewenthal Paul-John
Published: March 2021

Title III of the TEU includes Articles 13–19. Those provisions concern the institutions of the Union. Article 13 TEU establishes the institutional framework of the Union and lists its seven institutions. Articles 14, 15, 16, 17, and 19 TEU each deal with five of those institutions separately: the EP, the European Council, the Council, the Commission and the Court of Justice respectively. Article 18 TEU deals with the High Representative of the Union for Foreign Affairs and Security Policy, which is not a separate institution, but rather forms part of both the Council and the Commission and takes part in the work of the European Council. The last two institutions listed in Article 13(1) TEU—the ECB and the Court of Auditors—are not given dedicated provisions in the TEU. Detailed provisions on all seven institutions listed in Article 13(1) TEU are to be found in Articles 223–287 TFEU.
Article 85 TFEU
Authors: Bogensberger Wolfgang
Published: March 2021

Article 31 TEU Eurojust’s mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States’ authorities and by Europol.
Article 90 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 70 EC The objectives of the Treaties shall, in matters governed by this Title, be pursued within the framework of a common transport policy.
Article 96 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 76 EC The imposition by a Member State, in respect of transport operations carried out within the Union, of rates and conditions involving any element of support or protection in the interest of one or more particular undertakings or industries shall be prohibited, unless authorised by the Commission.
Article 15 TEU
Authors: Loewenthal Paul-John
Published: March 2021

The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
Chapter 2 Tax Provisions
Authors: Kellerbauer Manuel
Published: March 2021

In view of its importance for public finance as well as social and economic policies, tax sovereignty has always ranked high on the national agenda and MS have been particularly reluctant to transfer powers in this field to the Union. Tax harmonization has thus not become a self-standing Union objective. Rather, the ‘Tax Provisions’ enshrined in Title VII Chapter 2 TFEU serve the purpose of ensuring the proper functioning of the internal market and avoiding distortions of competition.
Article 121 TFEU
Authors: Flynn Leo
Published: March 2021

Article 99 EC Member States shall regard their economic policies as a matter of common concern and shall coordinate them within the Council, in accordance with the provisions of Article 120.
Article 139 TFEU
Authors: Flynn Leo
Published: March 2021

Member States in respect of which the Council has not decided that they fulfil the necessary conditions for the adoption of the euro shall hereinafter be referred to as ‘Member States with a derogation’.
Article 143 TFEU
Authors: Flynn Leo
Published: March 2021

Article 119 EC Where a Member State with a derogation is in difficulties or is seriously threatened with difficulties as regards its balance of payments either as a result of an overall disequilibrium in its balance of payments, or as a result of the type of currency at its disposal, and where such difficulties are liable in particular to jeopardise the functioning of the internal market or the implementation of the common commercial policy, the Commission shall immediately investigate the position of the State in question and the action which, making use of all the means at its disposal, that State has taken or may take in accordance with the provisions of the Treaties. The Commission shall state what measures it recommends the State concerned to take.
Title IV Provisions on Enhanced Cooperation
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Differences between MS’ willingness or capability to proceed on the common path to an ‘ever closer Union’ have existed since the creation of the EEC. First reflections on how to avoid that this heterogeneity slows down the integration process date back to the 1970s. The then divergence of MS’ economic and financial situations prompted suggestions that MS that are able to progress towards an economic and monetary union should have a duty to forge ahead, whilst those left behind should receive assistance to catch up. In the ensuing decades, it was first and foremost the different political visions for the future of the Union that fuelled discussions about types of differentiated integration for which terms such as ‘multi-speed Europe’, ‘Europe à la carte’, or ‘closer cooperation’ were coined.
Article 146 TFEU
Authors: Garben Sacha
Published: March 2021

Article 126 EC Member States, through their employment policies, shall contribute to the achievement of the objectives referred to in Article 145 in a way consistent with the broad guidelines of the economic policies of the Member States and of the Union adopted pursuant to Article 121(2).
Article 163 TFEU
Authors: Flynn Leo
Published: March 2021

Article 147 EC The Fund shall be administered by the Commission.
Article 188 TFEU
Authors: Garben Sacha
Published: March 2021

Article 172 EC The Council, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 187.
Article 200 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 184 EC Customs duties on imports into the Member States of goods originating in the countries and territories shall be prohibited in conformity with the prohibition of customs duties between Member States in accordance with the provisions of the Treaties.
Article 211 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 181 EC Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations.
Article 215 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 301 EC Where a decision, adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, provides for the interruption or reduction, in part or completely, of economic and financial relations with one or more third countries, the Council, acting by a qualified majority on a joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, shall adopt the necessary measures. It shall inform the European Parliament thereof.
Article 220 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Articles 302–304 EC The Union shall establish all appropriate forms of cooperation with the organs of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development.
Article 27 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The creation of the dual post of the High Representative who is also a vice-president of the Commission in accordance with Article 18(4) TEU, is among the most important and visible changes that the ToL brought about in EU external relations. Together with the common list of external action principles and objectives in Article 21 TEU, the drafters of the EU Treaties attempted thereby to bridge the gap between CFSP and non-CFSP external policies and internal policies with an external dimension.
Section 2 The European Council
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 235 deals with voting in the European Council. It also provides that the President of the EP may be invited to be heard by the European Council. Finally, it provides that the GS of the Council is to assist the European Council.
Article 249 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 218(2) and 212 EC The Commission shall adopt its Rules of Procedure so as to ensure that both it and its departments operate. It shall ensure that these Rules are published.
Article 270 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 236 EC The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and its servants within the limits and under the conditions laid down in the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union.
Article 274 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 240 EC Save where jurisdiction is conferred on the Court of Justice of the European Union by the Treaties, disputes to which the Union is a party shall not on that ground be excluded from the jurisdiction of the courts or tribunals of the Member States.
Article 278 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 242 EC Actions brought before the Court of Justice of the European Union shall not have suspensory effect. The Court may, however, if it considers that circumstances so require, order that application of the contested act be suspended.
Article 284 TFEU
Authors: Flynn Leo
Published: March 2021

Article 113 EC The President of the Council and a Member of the Commission may participate, without having the right to vote, in meetings of the Governing Council of the European Central Bank.
Article 287 TFEU
Authors: Flynn Leo
Published: March 2021

Article 248 EC The Court of Auditors shall examine the accounts of all revenue and expenditure of the Union. It shall also examine the accounts of all revenue and expenditure of all bodies, offices or agencies set up by the Union in so far as the relevant constituent instrument does not preclude such examination.
Article 291 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

For the purposes of paragraph 2, the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall lay down in advance the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Article 36 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 21 TEU The High Representative of the Union for Foreign Affairs and Security Policy shall regularly consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and the common security and defence policy and inform it of how those policies evolve. He shall ensure that the views of the European Parliament are duly taken into consideration. Special representatives may be involved in briefing the European Parliament.
Article 311 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 269 EC The Union shall provide itself with the means necessary to attain its objectives and carry through its policies.
Article 318 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 275 EC The Commission shall submit annually to the European Parliament and to the Council the accounts of the preceding financial year relating to the implementation of the budget. The Commission shall also forward to them a financial statement of the assets and liabilities of the Union.
Article 329 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b, and 43 to 45 TEU and ex Articles 11 and 11a EC Member States which wish to establish enhanced cooperation between themselves in one of the areas covered by the Treaties, with the exception of fields of exclusive competence and the common foreign and security policy, shall address a request to the Commission, specifying the scope and objectives of the enhanced cooperation proposed. The Commission may submit a proposal to the Council to that effect. In the event of the Commission not submitting a proposal, it shall inform the Member States concerned of the reasons for not doing so.
Article 333 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Articles 27a to 27e, 40 to 40b, and 43 to 45 TEU and ex Articles 11 and 11a EC Where a provision of the Treaties which may be applied in the context of enhanced cooperation stipulates that the Council shall act unanimously, the Council, acting unanimously in accordance with the arrangements laid down in Article 330, may adopt a decision stipulating that it will act by a qualified majority.
Article 5 CFR
Authors: Lock Tobias
Published: March 2021

ECtHR, Rantsev v Cyprus and Russia: Details the positive obligations contained in the provision.
Article 13 CFR
Authors: Lock Tobias
Published: March 2021

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.
Article 16 CFR
Authors: Lock Tobias
Published: March 2021

Article 16 CFR protects the right of self-employed natural persons and of legal persons to engage in economic activity. It is closely related to Article 15 CFR and must be considered lex specialis.
Article 26 CFR
Authors: Martin Denis
Published: March 2021

The Union recognises and respects the right of the persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.
Article 38 CFR
Authors: Lock Tobias
Published: March 2021

Due to its wording and in accordance with the Charter explanations, Article 38 CFR should be considered a principle, not a right. According to the CFR Explanations it is based on Article 169 TFEU and according to Article 52(2) TFEU should thus be interpreted in the same manner, even though the Charter explanations do not expressly say so. Article 169(1) TFEU places the Union under the same duty to ensure a high level of consumer protection, but is more specific in that it spells out a duty to contribute to their health, safety, and economic interests as well as to promote their right to information, education, and to organize themselves.
Article 40 CFR
Authors: Martin Denis
Published: March 2021

Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.
Article 47 CFR
Authors: Lock Tobias , Martin Denis
Published: March 2021

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
Article 9 TFEU
Authors: Klamert Marcus
Published: March 2021

In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.
Article 21 TFEU
Authors: Martin Denis
Published: March 2021

Article 18 EC Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect.
European Union Funds
Authors: Pantazatou Katerina
Published: March 2021

The European Union funds constitute the main budgetary instrument for the Union to promote its policy goals. The European Union Funds or European Structural and Investment Funds (generally, either EU funds or ESI funds) finance projects that pertain to a large array of areas, including regional and urban development, employment and social inclusion, maritime and fisheries policies, research and innovation, and humanitarian aid. Part of such funding is directed towards the Member States, whereas another part is intended for third countries.
Set-Off
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

Set-off occurs most frequently among parties who are in permanent commercial exchange, such as merchants, stock brokers, financial institutions, affiliated companies, or banks and their customers. Because these parties face set-off situations on a daily basis, they often establish uniform set-off practices or enter into individual agreements that address the main questions outlined above ([1]). In the absence of such conventions, especially among strangers, it will be up to judges and arbitrators to decide whether and under which circumstances claims and cross-claims are set off against one another.
Prescription
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

The seeds were thus sown for a generalized concept of prescription, covering both the acquisition of a right and the loss of a right as the result of lapse of time, and for attempts to harmonize the legal requirements.
The Rationale of the Transaction Avoidance Provisions of the Insolvency Act 1986
Authors: Parry Rebecca
Published: March 2021

It is important to examine the rationale of the transaction avoidance provisions of the Insolvency Act 1986, as this will assist in interpreting such laws and will also enable an assessment of whether these laws are structured in an optimal manner. Often, legislative travaux préparatoires are useful in ascertaining legislative intent. However, the rationale of the transaction avoidance provisions of England and Wales is not something that can be easily detected from the government reviews of insolvency law that influenced the format of the Insolvency Act 1986. The tone of such reviews is largely pragmatic as far as transaction avoidance is concerned: the focus of the reviewers appears to have been on areas that were causing problems in practice at the time. This may have been because of a need to focus on bigger issues such as corporate rescue and the accountability of company directors. It may be that the reviewers did consider the rationale of the transaction avoidance provisions, and the manner in which they complement the objectives of insolvency law, but excluded such issues from the reports for economy of space in what was a thorough and wide-ranging report.
Avoidance of General Assignments of Book Debts—Bankruptcy (Insolvency Act 1986, Section 344)
Authors: Parry Rebecca
Published: March 2021

In cases where the bankrupt has engaged in business, it may be that the bankrupt has executed a general assignment of book debts, or a class of such debts, in order to raise capital. Under section 344, such an assignment is void against the trustee, in respect of debts that were unpaid at the time when the bankruptcy petition was presented, unless the assignment has been registered under the Bills of Sale Act 1878. It is only the assignment that is void and not the whole instrument containing it, so that the debt owed by the bankrupt, other covenants, and other assignments remain valid. The provision does not require that the debtor was insolvent at the time of the assignment. One reason why these assignments are void unless registered is that it can be difficult to judge whether a proper price has been paid in respect of a general assignment. Also, the presence of substantial book debts may deceive creditors into thinking that the debtor is creditworthy: registration enables the prudent creditor to discover the true position. The restrictions, however, only apply in bankruptcy and it may be that, in the modern context, this restriction puts unincorporated businesses at an unwarranted disadvantage.
Pensions (Bankruptcy Only)
Authors: Ayliffe James
Published: March 2021

A category of asset that requires separate consideration is the debtor’s pension. A need for transaction avoidance may arise here if the bankrupt has made excessive contributions to his pension in a bid to deprive creditors of these sums. Although formerly a problem, due to the inadequacy of existing avoidance provisions, case law developments meant that such tactics by the bankrupt were to no avail. This area of law is now primarily governed by the Welfare Reform and Pensions Act 1999, the material parts of which came into force on various dates, the earliest being 29 May 2000. Provisions of this Act dictate that the debtor’s entitlements under approved pension arrangements do not form part of the debtor’s estate in bankruptcy. Rights under pension schemes that are not approved are also exempted by regulation. In each of these cases the trustee is, however, able to apply for an order to set aside any excessive pension funding. Relevant case law principles will still govern the affairs of those who were adjudged bankrupt prior to 29 May 2000, and so they are considered in this chapter also. A diagram explaining the various applicable rules appears at the end of the chapter.
Rights of Withdrawal
Authors: Kötz Hein
Published: March 2021

This chapter examines how the law deals with a party’s right to withdraw from a contract. Mandatory statutory provisions give ‘consumers a right to withdraw from certain types of contract within a specified period without having to give a reason for the withdrawal. This is intended to give the ‘consumer’ a ‘cooling-off period’ to come to a decision about whether it really intends to be bound by the contract. The chapter discusses the basis and reasons for withdrawal, focusing on doorstep selling, loan agreements and timeshare contracts, and distance-selling contracts. It also considers the consequences of withdrawal or revocation for the parties involved.
Function and Objectives of Insolvency Law
Authors: Anderson Hamish
Published: March 2021

Why have insolvency law? The simple answer to that question is that credit is indispensable in a modern free market economy but credit brings with it the possibility of default. The extension of credit in whatever form, and whether in large or small amounts, creates a need for the law to provide remedies to deal with that default when it occurs. The ordinary remedies are private remedies; the creditor obtains and enforces a judgment for its private benefit but sometimes the debtor cannot pay because its liabilities are greater than its means. Insolvency law then provides the method by which the remaining assets are administered in accordance with a predetermined scheme, replacing private competition between creditors with an orderly distribution to all in so far as there are assets to support it.
Ranking of Claims, Pari Passu Distribution, and Contracting Out
Authors: Anderson Hamish
Published: March 2021

The order in which claims on the insolvent estate are discharged was summarized by Lord Neuberger PSC in Re Nortel GmbH where he said:
Corporate and Multinational Enterprise Telecommunications Transactions
Authors: Makarovic Bostjan
Published: March 2021

This chapter explores specific legal aspects of telecommunications solutions tailored to multinational enterprises (MNEs) and other large corporations. Although many service features addressed in this chapter could to a greater or lesser extent apply to smaller business customers and even certain residential end-users, there are two key reasons for special consideration in this book: the MNEs’ scale and sophistication of operational needs and their cross-border spread.
Conflicts and Profits
Authors: Rosemary Langford
Published: March 2021

This chapter provides comprehensive analysis of the duties to avoid conflicts and profits (the conflicts and profits rules) and their statutory equivalents. The parameters of the term ‘conflicts’ are explored, including conflicts of interest and conflicts of duty. Debate surrounds whether ‘real sensible possibility’ of conflict is sufficient to give rise to a breach of the conflicts rule or whether proof of ‘actual’ 76 conflict or ‘pursuit’ of a conflict is necessary. The duty to avoid unauthorized profits is also discussed given that, in many cases, this duty also pertains to conflicts. The interrelationship between the duties to avoid conflicts and profits is critically analysed and comprehensive commentary on statutory iterations is provided. It is suggested that the key requirement, which also operates as a ‘rule of thumb’ and underlying principle, is that directors act in good faith in what they consider to be the interests of the company, thus exercising independent judgment. In this sense, the requirements imposed by corporate governance regimes essentially protect the ability of, and require, directors to act in good faith in the interests of the company. The final part of the chapter outlines the law concerning directors’ fiduciary duties to individual shareholders.
Multiple Directorships (Including Competing Directorships)
Authors: Rosemary Langford
Published: March 2021

The duty to avoid conflicting duties presents key challenges for individuals who hold multiple directorships. The issue of multiple directorships is fraught with uncertainty due to the fact that such directorships are not prohibited but can nevertheless give rise to complex conflicts issues. This is particularly the case concerning competing directorships, which have generated significant judicial attention. The conflicts involved in these positions are manifold—directors who serve on multiple boards face issues concerning protection of confidential information, serving the interests of each of the companies, and devoting adequate time to each company. These issues are exacerbated in the case of competing and interlocking directorships.
Related Party Regimes and Other Specific Statutory Regimes
Authors: Rosemary Langford
Published: March 2021

This chapter gives an overview of specific statutory regimes that require shareholder approval where directors are conflicted. These include related party provisions, as well as detailed regimes governing directors’ service contracts, substantial property transactions, loans and quasi-loans, credit transactions and related arrangements, and payments for loss of office. Each of these provisions is, in a sense, a more specific enunciation of the broader prohibition on conflicts. These regimes apply to situations in which corporate history has shown that a requirement of board approval was insufficient to combat inherent conflicts, undermining directors’ accountability. Shareholder approval is now therefore required. Securities regulators in each jurisdiction impose additional requirements (such as disclosure) to ensure transparency and fairness. Given that related party regimes deserve a book in their own right this chapter is necessarily an overview. It outlines the UK position and key features of the regimes in Australia and Hong Kong for comparison.
Professional Conduct Casebook
Authors: Hamer Kenneth
Published: March 2021

There are approximately 100 new cases each year coming before the higher courts dealing with regulatory and disciplinary issues. Cases involving health care professionals, the legal and accountancy professions and the police, including the Independent Police Complaints Commission, are heard daily in the Administrative Court in London or in Manchester, and cases concerning financial services are regularly heard in the Upper Tribunal. Frequently cases go on appeal to the Court of Appeal and occasionally to the Supreme Court. Additionally, cases involving issues of professional conduct are heard in the Court of Session in Scotland and the High Court in Northern Ireland. Now in its third edition, Kenneth Hamer's Professional Conduct Casebook is a leading authority and continues to be the only book to provide comprehensive coverage of the growing body of case law in this developing area. Containing 85 chapters in an easy-to-use A-Z format, it analyses all key professional conduct and competence cases in one single volume, distilling the general principles from the legislative framework and offering lucid and informed summaries for today's busy practitioner. Key words included in the margin beside each case enables the reader to see at a glance the critical features of the case in question. The book covers every issue arising in the course of professional conduct proceedings, from absence of the practitioner through to the unrepresented practitioner and witnesses. The author expertly identifies all of the relevant source material that needs to be considered when confronted by a specific issue, and provides clear, practical guidance. Each chapter examines the legal framework of all the applicable statutory and non-statutory provisions, details any relevant guideline remarks which set out general principles, and summarizes all relevant case law. The book is an indispensable source of reference for every regulatory and disciplinary lawyer, and all professionals engaged in this work.
Costs
Authors: Hamer Kenneth
Published: March 2021

Solicitors (Disciplinary Proceedings) Rules 2007, Practice Direction 6, paragraph 13 (if, at the substantive hearing, the respondent wishes their means to be taken into consideration by the tribunal in relation to possible sanction and/or costs, then the respondent shall file at the tribunal and serve on every other party a statement of means, including full details of assets/income/outgoings, supported by documentary evidence; failure to do so may result in the tribunal drawing such inference as it considers appropriate).
Disposal Without Oral Hearing
Authors: Hamer Kenneth
Published: March 2021

A applied for judicial review of the decision of the Army Board of the Defence Council denying redress of his grievance that, while a serving soldier, he was discriminated against on racial grounds by being subjected to abuse, harassment, and assault. In granting A’s application for judicial review, the Divisional Court (Taylor LJ and Morland J) said that the Army Board was the forum of last resort and that, dealing with an individual’s fundamental statutory rights, it must, by its procedures, achieve a high standard of fairness.
Health (Adverse Physical or Mental Health)
Authors: Hamer Kenneth
Published: March 2021

In a health case, if the tribunal or committee decides that a registrant’s fitness to practise is impaired solely because of physical or mental ill health, it cannot normally direct that the registrant be erased or removed from the register at the principal hearing. In the case of a health allegation, it may give a direction in relation to a person whose registration has been suspended extending the period of suspension indefinitely where the period of suspension has lasted for at least two years.
Insight
Authors: Hamer Kenneth
Published: March 2021

Insight is frequently identified as a factor for consideration by fitness to practise panels or disciplinary committees when considering impairment and sanction.
Privilege
Authors: Hamer Kenneth
Published: March 2021

In February/March 1967, the Law Society served on the plaintiff, a solicitor, written notice requiring him to produce for inspection his books of account and any other necessary documents relating to his practice as a solicitor and any trust of which he was a trustee. The notice was served pursuant to rule 11 of the Solicitors’ Accounts Rules 1945 and rule 11 of the Solicitors’ Trust Accounts Rules 1945. The plaintiff issued proceedings for an injunction restraining the Law Society from taking any steps pursuant to the notices in so far as the notices purported without lawful authority to empower the Law Society to have access to confidential information relating to any client of the plaintiff without the express authority of such client to such access. The plaintiff objected to the request on the ground that some of the documents contained confidential information relating to clients that could not be disclosed without their consent. Buckley J struck out the writ as disclosing no cause of action and his order was confirmed by the Court of Appeal.
AD HOC Adjudication
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

In addition to statutory adjudication under the 1996 Act, and contractual adjudication pursuant to the terms of the contract in question, there is a third way in which parties to a contract can agree, or be deemed to have agreed, to submit their dispute to adjudication. The authorities refer to this as ‘ad hoc adjudication’, a process whereby the parties agree to confer jurisdiction on an adjudicator to decide the particular dispute that has arisen between them. Because this is a matter entirely for the agreement of the parties, such an adjudication may arise under contracts other than construction contracts, or under contracts for the provision of work and services that would otherwise be excluded by the provisions of the 1996 Act.
Costs and Fees
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

This part of this chapter addresses four areas of debate which have arisen in the reported cases in connection with the costs of adjudication. There is what might be termed the usual position as to costs; the possibility that the adjudicator has an ad hoc jurisdiction to decide costs; and issues arising out of particular contractual provisions noting a potentially important difference between the law in England and Wales and the law in Scotland. Finally there is a section dealing with s108A of the 1996 Act.
General Principles
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

Over the last decade, it has become increasingly common for the losing party in an adjudication to endeavour to avoid the consequences of the adjudicator’s decision by claiming that the decision was reached in breach of the rules of natural justice. Often, the complaints relied on will have first arisen during the adjudication itself, and the adjudicator may have found himself struggling to come to terms with a number of unfamiliar procedural rules, which have their history in administrative law, and can sometimes be extremely difficult to shoehorn into the constrained timetable of an adjudication.
Appeals Before the Court of Justice of the European Union
Authors: Caroline Naômé
Published: March 2021

This book describes the rules governing appeals before the Court of Justice of the European Union. The appeal is the judicial remedy by which a party may contest a decision of the General Court of the European Union. It concerns matters in which the Tribunal has jurisdiction such as, competition, mergers, state aids, access to documents, restrictive measures, EU staff, trade marks, and other areas of intellectual property. This form of judicial remedy was created just over 25 years ago. It is specific to the ECJ, and can only be learned through the case-law. This book is a description of the case-law, and of the rules that the lawyers pleading appeal cases are required to know.
Review Confined to Points of Law
Authors: Naômé Caroline
Published: March 2021

The key characteristic specific to appeals before the Court of Justice (ECJ) is that review is confined to points of law. The Court has no jurisdiction to review the findings of fact or the assessment of the facts. This chapter describes how such a rule was adopted and how it is applied. Since its earliest days as an appellate court, the Court has reviewed the legal characterisation of facts and checked for distortion. It also reviews certain rules relating to evidence, the reasons stated for decisions and the grounds of judgments under appeal. Additionally, this chapter analyses the Court’s review in relation to fines in competition cases, to national law and to contracts. The conclusion reached is that the review confined to points of law limits the jurisdiction of the Court but that it can still review important parts of the General Court’s decision.
Background and Evolution of the EU General Data Protection Regulation (GDPR)
Authors: Kuner Christopher , Bygrave Lee A , Docksey Christopher
Published: March 2021

This book provides an article-by-article commentary on the EU General Data Protection Regulation (‘GDPR’). Adopted in April 2016 and applicable from May 2018, the GDPR is the centrepiece of the reform of the EU regulatory framework for protection of personal data. While retaining the conceptual framework of the Data Protection Directive 95/46 (‘DPD’) that it replaced, the GDPR represents a major shift in the way that data protection is regulated in EU law. In addition, the GDPR has already become a global benchmark in the field.
Article 4(4). Profiling
Authors: Bygrave Lee A
Published: March 2021

Article 3(2)(b) (Monitoring of data subjects’ behaviour); Article 5 (Principles relating to processing of personal data); Article 6 (Legal grounds for processing of personal data); Article 8 (Conditions applicable to children’s consent in relation to information society services) (see also recital 38); Article 13(2)(f) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 14(2)(g) (Information on the existence of automated decision-making, including profiling) (see also recital 60); Article 15(1)(h) (Right of access regarding automated decision-making, including profiling) (see also recital 63); Article 21 (Right to object) (see also recital 70); Article 22 (Automated decision-making, including profiling) (see also recital 71); Article 23 (Restrictions) (see also recital 73); Article 35(3)(a) (Data protection impact assessment) (see also recital 91); Article 47(2)(e) (Binding corporate rules); Article 70(1)(f) (EDPB guidelines on automated decisions based on profiling)/
Article 4(8). Processor
Authors: Bygrave Lee A , Tosoni Luca
Published: March 2021

The ‘processor’ is one of the principal actors in the operationalisation of data protection law and thus deserves specific definition. Indeed, the role of this actor has increased in importance as the GDPR vests processors with more extensive obligations and liability than was the case under the DPD (see e.g. Articles 30(2), 33(2), 37, 79 and 82 GDPR).
Article 4(9). Recipient
Authors: Tosoni Luca
Published: March 2021

Article 13(1)(e) (Information to be provided to data subjects); Article 14(1)(e)–(f) and (3)(c) (Information to be provided to data subjects); Article 15(1)(c) (Right of access by the data subject); Article 19 (Notification regarding rectification or erasure of personal data or restriction of processing); Article 30(1)(d) (Records of processing activities); Article 46(3)(a) (Transfers subject to appropriate safeguards); Article 49(2) (Derogations in the context of transfers of personal data); Article 58(2)(g) and (j) (Powers of supervisory authorities); Article 83(5)(c) (Administrative fines).
Article 4(19). Group of undertakings
Authors: Tosoni Luca
Published: March 2021

Article 4(18) (Definition of ‘enterprise’); Article 4(20) (Definition of ‘binding corporate rules’); Article 36(3)(a) (Prior consultation); Article 37(2) (Designation of the data protection officer); Article 47 (Binding corporate rules); Article 88 (Processing in the context of employment).
Article 4(22). Supervisory authority concerned
Authors: Tosoni Luca
Published: March 2021

Article 4(2) (Definition of ‘processing’); Article 4(21) (Definition of ‘supervisory authority’); Article 4(23) (Definition of ‘cross-border processing’); Article 52 (Independence); Article 56 (Competence of the lead supervisory authority); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 63 (Consistency mechanism) (see too recitals 135 and 138); Article 64 (Opinion of the Board); Article 65 (Dispute resolution by the Board); Article 66 (Urgency procedure); Article 74 (Tasks of the Chair); Article 77 (Right to lodge a complaint with a supervisory authority).
Article 9 Processing of special categories of personal data
Authors: Georgieva Ludmila , Kuner Christopher
Published: March 2021

Article 4(1) (Definition of personal data); Article 4(2) (Definition of processing); Article 4(11) (Definition of consent); Article 4(13) (Definition of genetic data, see also recital 34); Article 4(14) (Definition of biometric data); Article 4(15) (Definition of data concerning health, see also recital 35); Article 6(4)(c) (Lawfulness of processing, compatibility test) (see too recital 46 on vital interest); Article 13(2)(c) (Information to be provided where personal data are collected from the data subject); Article 17(1)(b), (3)(c) (Right to erasure (‘right to be forgotten’)); Article 20(1)(a) (Right to data portability); Article 22(4) (Automated individual decision-making, including profiling); Article 27(2)(a) (Representatives of controllers or processors not established in the Union); Article 30(5) (Records of processing activities); Article 35(3)(b) (Data protection impact assessment) (see too recital 91); Article 37(1)(c) (Designation of the data protection officer) (see too recital 97); Article 83(5)(a) (General conditions for imposing administrative fines).
Article 10 Processing of personal data relating to criminal convictions and offences
Authors: Georgieva Ludmila
Published: March 2021

Article 5 (Principles relating to processing of personal data); Article 6 (Lawfulness of processing) (see too recital 50); Article 9 (Processing of special categories of personal data); Article 27 (Representatives of controllers or processors not established in the Union) (see too recital 80); Article 30 (Records of processing activities) (see too recital 97); Article 35 (Data protection impact assessment) (see also recitals 75 and 91); Article 37 (Designation of the data protection officer) (see too recital 97).
Article 12 Transparent information, communication and modalities for the exercise of the rights of the data subject
Authors: Polčák Radim
Published: March 2021

Article 11 (Processing which does not require identification); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recitals 60–62); Article 14 (Information to be provided where personal data have not been obtained from the data subject) (see too recital 61); Article 92 (Exercise of the delegation) (see too recital 166).
Article 32 Security of processing
Authors: Burton Cédric
Published: March 2021

Recitals 75–79; recital 88; Article 4(12) (Definition of a personal data breach); Article 28(1) (Choice of processor providing sufficient guarantees) (see too recital 81); Article 28(3)(c) (Processor must be contractually bound to implement security measures); Article 33 (Personal data breach notification requirement to the supervisory authority) (see too recitals 85 and 87); Article 34 (Communication of a personal data breach to the data subject) (see too recital 86).
Article 36 Prior consultation
Authors: Rigaudias Cecilia Alvarez , Spina Alessandro
Published: March 2021

Article 24 (Responsibility of the controller) (see too recital 74); Article 30 (Records of processing activities) (see too recital 82); Article 35 (Data Protection Impact Assessment) (see too recital 84); Article 39 (Tasks of the data protection officer) (see too recitals 77 and 97); Article 58 (Powers of the supervisory authorities) (see too recital 129).
Article 49 Derogations for specific situations
Authors: Kuner Christopher
Published: March 2021

Recital 6; recital 48; Articles 13(1)(f) and 14(1)(f) (Information to a data subject); Article 15(1)(c) (Right to access information about data recipients in third countries); Article 23(2)(d) (Member States can restrict individuals’ rights but must provide for safeguards to prevent abuse or unlawful transfer) (see too recital 153); Article 28(3)(a) (Provisions of a data processing agreement stipulating controller’s instructions regarding data transfers); Article 30(1)(e) and (2)(c) (Internal records about data transfers); Article 40(2)(j) (Data transfer codes of conduct); Article 70(1)(j) (Guidelines of the Board specifying criteria for data transfers on the basis of derogations); Article 83(5)(c) (Fines for non-compliance with data transfer restrictions).
Article 51 Supervisory authority
Authors: Hijmans Hielke
Published: March 2021

Article 4 (21) (Definition of supervisory authority); Article 52 (Independence) (see too recitals 118 and 120–121); Article 53 (General conditions for the members of the supervisory authority) (see too recital 121); Article 54 (Rules on the establishment of the supervisory authority); Articles 55–59 (Competence, tasks and powers) (see too recitals 122–124, 129 and 132); Articles 60–62 (Cooperation) (see too recitals 125–128, 130–131 and 133–134); Articles 63–67 (Consistency) (see too recitals 135–138); Article 68 (European Data Protection Board) (see too recital 139).
Article 63 Consistency mechanism
Authors: Van Eecke Patrick , Šimkus Anrijs
Published: March 2021

Article 28(8) (Adopting standard contractual clauses in accordance with the consistency mechanism) (see too recital 81); Article 35(6) (Adopting rules on data protection impact assessments in accordance with the consistency mechanism); Article 40(7) (Adopting or modifying draft codes of conduct in accordance with the consistency mechanism); Article 41(3) (Adopting draft criteria for bodies monitoring codes of conduct in accordance with the consistency mechanism); Article 42(5) (Issuing certification in accordance with the consistency mechanism); Article 43(3) (Establishing criteria for certification body accreditation in accordance with the consistency mechanism); Article 46 (Using the consistency mechanism in relation to transfers subject to appropriate safeguards); Article 47 (Approving binding corporate rules in accordance with the consistency mechanism); Article 60(4) (Submitting objections of a lead supervisory authority’s draft decision to the consistency mechanism) (see too recitals 124 and 130); Article 64 (Opinion of the Board) (see too recital 136); Article 65 (Dispute Resolution by the Board) (see too recital 136); Article 66 (Urgency Procedure) (see too recital 137); Article 67 (Exchange of Information) (see too recital 168).
Article 69 Independence
Authors: Docksey Christopher
Published: March 2021

Article 51(1) (Supervisory authority) and Article 52 (Independence of supervisory authorities) (see too recitals 117–118 and 120–121); Article 64(2) (Commission right to request the Board concerning an opinion) (see too recitals 135–136); Article 68(5) (Participation of the Commission in the activities and meetings of the Board).
Article 81 Suspension of proceedings
Authors: Kotschy Waltraut
Published: March 2021

Article 78 (Right to an effective judicial remedy against a supervisory authority) (see too recital 141); Article 79 (Right to an effective judicial remedy against a controller or processor) (see too recital 145).
Article 84 Penalties
Authors: Lynskey Orla
Published: March 2021

Article 58 (Powers of supervisory authorities) (see recital 129); Article 79 (Right to an effective judicial remedy against a controller or processor) (see too recital 145); Article 82 (Right to compensation and liability) (see too recital 146); Article 83 (General conditions for imposing administrative fines) (see recitals 148 and 150).
Actors and Procedural Design
Authors: Wessels Bob , Madaus Stephan
Published: March 2021

This chapter covers the procedural foundation of restructuring processes and insolvency proceedings. It starts off with defining the roles of the key actors in such processes and proceedings (para 55ff) before setting out conditions for out-of-court workouts and supporting frameworks (para 224ff), the conditions for formal restructuring and insolvency proceedings (para 264ff), as well as termination of unsuccessful rescue attempts, including their conversion into another proceeding (para 318ff).
Choice of forum and case allocation in the EPPO Regulation
Authors: Hans-​Holger Herrnfeld
Published: March 2021

The subject matter of ‘conflicts of criminal jurisdiction’ has already required attention of the EU legislator in the negotiations on the regulation on the establishment of the European Public Prosecutor’s Office (EPPO). The purpose of this contribution is to present issues that have arisen in this respect and the solutions that have been found in the course of the negotiations on the EPPO Regulation. As will be shown further below, the outcome of the negotiations on the EPPO Regulation may to a limited extent serve as inspiration also in view of possible models to be developed for a resolution of conflicts of criminal jurisdiction between Member States.