bluuebunny/crossref_metadata_2025 huggingface dataset:
Right to prevent the indirect use of the invention
Authors: Tilmann Winfried , Grabinski Klaus
Published: March 2021

Applying Art 142(1) EPC (not Art 149a(1)(a) EPC) the CMSs have harmonized the law on indirect infringement applied by the UPC and during the transitional period also by the national courts (Introduction to UPCA, mn 98 ff). Before the creation of Art 26 CPC, on which—albeit in significantly modified form—Art 26 UPCA is based, the legal situation in Germany was heterogeneous. In Germany, the case law of the Reichsgericht had developed a separate legal institution of indirect patent infringement based on general tort law. Objectively, a means was required to achieve the particular purpose of an individual invention. In a subjective respect, negligence on the part of the supplier was required (imputed knowledge (Kennenmüssen) of the intention to use the means for putting the invention into effect), which, however, was not compatible with the requirements of general tort law (intentional participation in an intentional deed). In other European countries a similar case law also developed, in some instances at an objective level (Denmark), and in some instances with subjective requirements (Netherlands: knowledge).
Right based on prior use of the invention
Authors: Busche Jan
Published: March 2021

Any person, who, if a national patent had been granted in respect of an invention, would have had, in a Contracting Member State, a right based on prior use of that invention or a right of personal possession of that invention, shall enjoy, in that Contracting Member State, the same rights in respect of a patent for the same invention.
Effects of supplementary protection certificates
Authors: Tilmann Winfried
Published: March 2021

A supplementary protection certificate shall confer the same rights as conferred by the patent and shall be subject to the same limitations and the same obligations.
Financing of the training framework for judges
Authors: Tilmann Winfried
Published: March 2021

The training framework for judges shall be financed by the budget of the Court. The costs of the training framework for the judges (Art 19 UPCA) are to be allocated to the budget of the Court. It is not intended to levy a contribution from the CMS hosting the training framework (seat in Budapest, Hungary; Art 19(1) UPCA).
Statute
Authors: Tilmann Winfried
Published: March 2021

Pursuant to para 1, the Statute lays down the details of the organization and functioning of the Court. By organization what is meant is the internal structure, and by functioning the way in which the Court goes about its work. No provisions of substantive content (rights, prohibitions) or of procedural law may be stipulated in the Statute. For these, the Agreement and the Rules of Procedure alone are decisive. Art 1 UPC Statute links up to this subject matter description, stipulating that the Statute contains institutional and financial arrangements for the UPC as established under Art 1 UPCA. Accordingly, the Statute contains provisions relating to the judges (Chapter I, Arts 2–12), organizational provisions for the Court (Chapter II, Arts 13–25), financial provisions (Chapter III, Arts 26–33), and procedural rules (Chapter IV, Arts 34–38).
Public proceedings
Authors: Tilmann Winfried
Published: March 2021

The proceedings shall be open to the public unless the Court decides to make them confidential, to the extent necessary, in the interest of one of the parties or other affected persons, or in the general interest of justice or public order.
Article 57 Court experts
Authors: Tilmann Winfried
Published: March 2021

A Court expert provides evidence that may be employed by the Court if its knowledge, including the level of knowledge gained from the evidence produced by the submissions of the parties and the evidence submitted by them, is not sufficient to reach a decision. Legally, it is classed as part of the sequence of all evidence in the case (Art 53(1) UPCA), and does not have a higher status than other evidence available to the Court or the technical explanations provided in the pleadings by the parties or their oral submissions together with demonstrations merely because the evidence of that expert has been employed by the Court.
Article 76 Basis for decisions and right to be heard
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

The Court shall decide in accordance with the requests submitted by the parties and shall not award more than is requested.
Article 78 Decisions of the Court and dissenting opinions
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Decisions and orders of the Court shall be taken by a majority of the panel, in accordance with the Statute. In case of equal votes, the vote of the presiding judge shall prevail.
Article 85 Functions of the depositary
Authors: Tilmann Winfried
Published: March 2021

The depositary shall draw up certified true copies of this Agreement and shall transmit them to the governments of all signatory or acceding Member States.
Scope of the Statute
Authors: Tochtermann Peter
Published: March 2021

This Statute contains institutional and financial arrangements for the Unified Patent Court as established under Article 1 of the Agreement.
Appointment and removal from office of the Registrar
Authors: Tochtermann Peter
Published: March 2021

The Registrar is independent (Art 17(1) UPCA) and must take an oath before the Presidium to perform his duties impartially and conscientiously (para 3). He is a member of the Presidium but cannot vote (Art 15(1) UPC Statute). The particulars of the position of the Registrar are set out in the Staff Regulations (Art 16(2) UPC Statute).
Decisions
Authors: Tochtermann Peter
Published: March 2021

Decisions and orders of the Court are taken by a majority of the panel (Art 78(1) UPCA). In the event of a tied vote, the vote of the presiding judge will prevail (Art 78(1) UPCA). These rules are repeated in para 1: as the panel can sit with four judges—for example, where a local division has called for a technical judge to hear a counterclaim for revocation according to Art 33(3)(a) UPCA—para 1 provides that in this case the decisions will also be taken by majority vote with the presiding judge’s vote being decisive in the case of a tied vote.
Preamble
Authors: Tilmann Winfried
Published: March 2021

According to the introductory clause to Art 31(2) Vienna Convention on the Law of Treaties (VCLT), the preamble forms part of the international treaty to which it belongs. Pursuant to the specified provision, the interpretation of a treaty is primarily governed by its ‘text, including its preamble and annexes’. Consequently, the Preamble to the Rules of Procedure of the Unified Patent Court Agreement (UPCA), in terms of its interpretation, is at the same level as the text of the Rules of Procedure itself. It forms an integral part of the UPCA Rules of Procedure (UPCARoP) which for such purposes is to be regarded as a treaty within the meaning of the VCLT, but in any event forms part of the UPCA.
Contents of the Statement of claim
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 13 UPCARoP codifies in detail the necessary contents of the Statement of claim in the infringement proceedings. The Statement of claim has considerable significance as it initiates the proceedings and determines the subject matter. The action is aimed at obtaining relief by way of a judgment. There is a strong interest in only valid actions being lodged which is why Rule 13 clarifies the minimum requirements to be met by a Statement of claim. This is done to avoid errors in the early stages of the proceedings as well as delays in the proceedings due to failure to comply with the formalities.
Value-based fee for the infringement action
Authors: Plassmann Clemens
Published: March 2021

Rule 22.1 UPCARoP sets out the procedure by which the value of the dispute for the infringement action is set. However, it leaves open the question of which substantive criteria are to serve as a basis for such an approach (→ Art 70 UPCA). The level of the value of the dispute first determines whether and in what amount the claimant is required to pay a value-based fee pursuant to Rule 22.2. But it is also of relevance for the question whether the costs of a party are reasonable and proportionate and thus recoverable (→ Art 69 UPCA) as is expressly stipulated for costs of representation in Rule 152.2.
Application by a party for allocating a technically qualified judge
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Pursuant to Art 15 UPCA, the UPC comprises both legally qualified judges and technically qualified judges. The situation of legally and technically qualified judges coexisting on the same panel is known from the senates of the German Bundespatentgericht which, pursuant to s 65(2) sentence 2, 3 in conjunction with s 26(3) PatG, also include technical members in addition to jurists. Since the UPC is also competent for the revocation of patents, the consultation of a technical judge is prudent. The required qualifications for technically qualified judges are set out in Art 15(1) and (3) UPCA.
Contents of the Statement for revocation
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

In Rule 43.5, the possibility is provided by reference to Rule 12.5 for the judge rapporteur to permit the exchange of further written pleadings, setting time limits for these. Since Rule 43.5 does not contain any restriction, this applies both to the written pleadings of the revocation action and to the written pleadings of the amendment procedure and to the written pleadings of a Counterclaim for infringement.
Rule 66: Preliminary objection
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

In proceedings for declaration of non-infringement, the defendant is entitled to lodge a preliminary objection. The time limit is one month from the date of service. For details, → Rules 19, 20, and 21 UPCARoP.
Rule 69: Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

The time limit for the Reply to the Defence to the Statement for a declaration of non-infringement is one month after the service of the Reply to the Statement of claim. An extension of the time limit is possible pursuant to Rule 9. A re-establishment of rights is possible if the claimant has failed to observe this time limit for a cause which, despite all due care having been taken by him, was outside his control (Rule 320).
Rule 71: Examination as to formal requirements and further schedule
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

The Rule is self-explanatory. Refer to the commentaries on the Rules to which it refers.
Rule 92: Assignment to panel or to single judge, designation of judge-rapporteur
Authors: Kuczera Markus
Published: March 2021

Rule 92 defines the written procedure pursuant to Art 52(1) UPCA and Rule 85(a) UPCARoP in more detail for cases where the EPO has not rectified the decision in the action in full pursuant to Rule 91, which means that the claimant is still adversely affected.
Rule 98: Costs
Authors: Kuczera Markus
Published: March 2021

Rule 98 repeats the requirement of Art 66(2) UPCA, according to which parties must bear their own costs in actions brought under Art 32(1)(i) UPCA. It also clarifies that this applies to all actions pursuant to Rule 85 or 97.
Recording in the register (Application for the determination of damages) and service
Authors: Steininger Steffen
Published: March 2021

Rule 135.1 governs the further procedure if the application complies with the formal requirements. Para 1 sets out important actions to be taken by the Registry in order to ensure an efficient and prompt start to the proceedings. All participants in the process will be informed that the proceedings to determine damages are pending. The Court will thereby fulfil its obligation to inform. The transparency and traceability of the proceedings are ensured by recording the date and other necessary information in the register which provides legal certainty for the parties. The Registry plays the key role in this context. Further provisions on the organization and competences of the Registry are set out in Art 10 UPCA and Arts 22–25 UPC Statute.
Rule 138 Contents of the Defence to the Application for the determination of damages
Authors: Steininger Steffen
Published: March 2021

Rule 138 UPCARoP sets out the required contents of the Defence to the Application for the determination of damages. The provision contains formal requirements (lits a–c) which enable the service and allocation of the action. These requirements are meant to ensure service on the parties and allocation to the corresponding application. This information must be included in the written pleading and correspond to the requirements for the Statement of defence in the infringement action as set out in Rule 24(a)–(c). Lits d–f govern the requirements for the substantive content of the Defence to the Application. This enables the unsuccessful party to take control of the subject matter it introduces to the proceedings.
Reimbursement of expenses of witnesses
Authors: Ahrens Hans-Jürgen
Published: March 2021

The Court shall make the summoning of the witness conditional upon the deposit of a sum sufficient to cover the expenses referred to in paragraph 1.
Expert report
Authors: Ahrens Hans-Jürgen
Published: March 2021

Rule 187 relates to a section of the provisions on the management of legal proceedings by the Court hearing the case. Factually, this concerns the parties’ right to be heard, which could be expressed more appropriately. It is apparent from this Rule in conjunction with Rule 186.6 that the parties are entitled to question the Court expert in the oral hearing.
Application for order to communicate information
Authors: Ahrens Hans-Jürgen
Published: March 2021

The Court may in response to a reasoned request by a party order the other party or any third party to communicate such information in the control of that other party or third party as is specified in Article 67 of the Agreement or such other information as is reasonably necessary for the purpose of advancing that party’s case. Rule 190.1 second sentence, .5 and .6 shall apply mutatis mutandis.
Application for preserving evidence
Authors: Ahrens Hans-Jürgen
Published: March 2021

An Application for preserving evidence may be lodged by a party (within the meaning of Article 47 of the Agreement) (hereinafter ‘the applicant’) at the division where the applicant has commenced infringement proceedings on the merits. If the application is lodged before proceedings on the merits have been started it shall be lodged at the division where the applicant intends to start proceedings on the merits.
Rule 205 Stages of the proceedings (summary proceedings)
Authors: Dorn Stephan
Published: March 2021

Art 62 UPCA enumerates the provisional measures the Court may order against an alleged infringer. In particular, the Court can order the following provisional measures (→ Art 62 UPCA).
Rule 221 Application for leave to appeal against cost decisions
Authors: Büttner Tilmann
Published: March 2021

Rule 221 slightly broadens the scope for an appeal against decisions and orders but only to cost decisions (decision to bear costs to a certain amount) that are made in separate proceedings according to Rules 150 ff. There is a particular need to provide for an application for leave to appeal as decisions on costs are made as final decisions and may still not be appealed against pursuant to Art 73(1) UPCA: cost decisions are reached after the final decision on the matter itself. The procedure for a request for leave to appeal is simplified because a cost decision is of less importance than a decision on the substance of the action itself.
Rule 222 Subject-matter of the proceedings before the Court of Appeal
Authors: Büttner Tilmann
Published: March 2021

Rule 222 UPCARoP, implementing Art 73(4) UPCA, demonstrates that the subject matter of the proceedings at first instance should not be repeated in toto before the Court of Appeal and that the appeal should not be burdened with new subject matter.
Rule 225 Contents of the Statement of appeal
Authors: Büttner Tilmann
Published: March 2021

The UPC has jurisdiction for a multitude of CMSs which have quite different cultures of civil procedure. Its regional and local chambers handle cases in many different languages of proceedings. The mandatory contents of a Statement of appeal therefore serve to identify the formal matter of an appeal in a reliable manner. The time gained by identifying the mandatory contents is especially significant when an application to grant leave to appeal, according to Rule 220.2 or 221.1, has been made before the appeal: in such cases, it is a procedural decision in ongoing proceedings that is being appealed which therefore makes the appeal urgent per se.
Rule 242 Decision of the Court of Appeal
Authors: Büttner Tilmann
Published: March 2021

Although the subject matter relevant for the appeal proceedings is limited pursuant to Rule 222, the obligation of the Court of Appeal to decide on the basis of the relevant subject matter is as comprehensive as that of the Court of First Instance. The Court of Appeal is not limited to merely reviewing legal aspects or to the cassation of decisions of first instance. It is a completely new instance on factual and legal matters.
Rule 263 Leave to change claim or amend case
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

On the one hand, Rule 263 serves procedural economy by allowing each party at any stage of the proceedings to change its claim or to amend its case. On the other hand, the provision protects the other party against new claims and challenges raised later which may cause procedural disadvantages for him, for example a short time for preparation and/or a delay of the proceedings. Therefore, the parties are required to make any changes to claims or any other amendments as soon as possible.
Rule 265 Withdrawal
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Rule 265 regulates the withdrawal of a claim. The claimant basically has a right to withdraw his claim and to waive legal protection in the running procedure. The admissibility of the withdrawal is conditional on the other party having no legitimate interest in a decision on the merits (para 1 cl 3).
Rule 267 Actions pursuant to Article 22 of the Agreement
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Where an action for damages has been brought against a Contracting Member State pursuant to Article 22 of the Agreement the President of the Court of Appeal shall as soon as practicable following a request from the competent authority in the Contracting Member State provide the competent authority with copies of all pleadings, evidence, decisions and orders available to the Court in its proceedings that are relevant to the action for damages. The President of the Court of Appeal shall have an opportunity to comment.
Rule 275 Service of the Statement of claim by an alternative method or at an alternative place
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Rule 275 permits, on an application by the claimant, the authorization of alternative service methods of the Statement of claims in the sense of Rule 270.3. Rule 275 also applies via Rule 278.2(c) to the service of other pleadings. The provisions of the service methods in Rules 272 and 274 are therefore not exclusive. Rule 275 guarantees in a special way the flexible handling of the procedure pursuant to Art 52(1) cl 2 UPCA.
Rule 279 Change of electronic address for service
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

As electronic service represents the preferred method of service (Rule 271.1), it is important that a change of electronic address is notified in time. That notification is governed by Rule 279 which is practically identical to Rule 6.3 and has also been repeated in the present context. Rule 6.3 further prescribes that a change of postal address must be notified.
Duty of representatives not to misrepresent facts or cases
Authors: Tilmann Winfried
Published: March 2021

According to Rule 284, representatives are obliged to tell the truth to the Court. They are not allowed to knowingly or negligently (without reason to know) misrepresent the case or facts orally or in writing. The Rule also covers wilful or negligent failure to inform the Court of the facts: (1) if the failure together with any other procedural conduct establishes an incorrect impression (implied declaration); or (2) if there exists a legal duty to disclose the respective facts. Thus, the Rule does not cover a failure to disclose facts per se if there is no legal duty to inform the Court and the procedural conduct does not establish an implied declaration.
Change of a representative
Authors: Tilmann Winfried
Published: March 2021

Any change of representative shall take effect from the receipt by the Registry of notification that a new representative shall in future be representing the party concerned. Until the moment where such statement is received, the former representative remains responsible for the conduct of the proceedings and for communications between the Court and the party concerned.
Stay of proceedings
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

Rule 295 is the central provision of the Rules of Procedure on the Court’s staying of proceedings. It informs all participants in the form of a non-exclusive list about the cases or situations where a stay of proceedings by the Court can take place. The non-exclusive character is shown by lit l at the end of the list which is formulated as a general clause.
Death or demise of a party
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

When that occurs, the proceedings cannot simply be continued. In the event of death, all rights and obligations concerning heritage pass to the heir. In the event of the demise of a party (eg a legal person is dissolved) the situation is similar. Also in this case the entirety of the rights and obligations may pass to another person together with the right to continue proceedings.
Transfer of the patent or patent application during proceedings
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

The enforcement of a patent or a patent application in proceedings before the Court does not prevent the transfer or licensing of a patent or a patent application. The patent proprietor has the power to license or transfer the patent with the consequence of adding a new party or substituting the new party as a successor during the UPC proceedings. Rule 312 deals with the consequences of such licensing or transfer on proceedings before the UPC.
Application to intervene
Authors: Plassmann Clemens , Dorn Stephan
Published: March 2021

Intervention pursuant to Rules 313–316A UPCARoP does not have an express legal basis in the UPCA. The said Rules may, however, be based on the principle of fair and equitable proceedings pursuant to Art 42(2) UPCA, on the principle to respect the parties’ right to be heard pursuant to Art 56(2) UPCA, and last but not least on the fundamental judicial rights pursuant to Art 47 CFR. According to this principle, a person who is not a party but may be indirectly affected by a decision, and therefore be concerned by the outcome of the Court’s proceedings, must be given an opportunity to be heard.
Case management powers
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 332 sets out the principles governing active case management. Rule 334 assigns to the Court in detail specific case management powers. This is subject to the condition that the respective measure is not opposed by provisions of the UPCA or the UPC Statute having priority (eg Rule 340). Rule 334 pursues the same regulatory aims as Rule 332, and in particular is aimed at the acceleration and efficiency of the proceedings. Rule 9.1 provides for additional case management powers placed above this framework (→ Rule 9 UPCARoP).
No need to adjudicate
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

If the Court finds that an action has become devoid of purpose and that there is no longer any need to adjudicate on it, it may at any time, on the application of a party or of its own motion, after giving the parties an opportunity to be heard, dispose of the action by way of order.
Absolute bar to proceeding with an action
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

The Court may at any time, on the application of a party or of its own motion, after giving the parties an opportunity to be heard, decide that there exists an absolute bar to proceeding with an action, for example because of the application of the principle of res judicata.
Costs eligible for legal aid
Authors: Gundt Miriam
Published: March 2021

Under German law, legal aid can be granted only up to the amount recoverable according to the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz—RVG) or the German Patent Attorneys’ Act (Patentanwaltsordnung—PAO). For the Rules of Procedure, the question that arises is whether legal aid can be granted without limit for the attorneys’ fees actually incurred or only up to the amount recoverable according to Rule 152.2. A rule equivalent to the RVG is absent. The Court decides on the amount of legal aid granted, pursuant to Rule 379, by way of discretionary decision which grants the applicant the assistance that he needs. Whether or not the costs are recoverable is therefore irrelevant.
Recitals
Authors: Tilmann Winfried
Published: March 2021

According to the practice of the Court of Justice, the Recitals of the EPUE Reg serve to interpret the provisions. They reflect the objective thrust of its provisions, which is of significance for determining the practical effect to be achieved by them. By contrast, intentions expressed in the Recitals that do not correspond to the analogously interpreted wording of the provisions are without relevance. The same holds true for legal statements that are not compatible with correctly interpreted Union law. On an overall view, the Recitals are subordinate in their significance to the decisive wording when it comes to interpreting and applying the provisions.
Pari Passu Sharing
Authors: Calnan Richard
Published: March 2021

This chapter discusses the pari passu sharing principle in insolvencies, including the recent developments in determining the scope of the anti-deprivation principle. The effect of contractual provisions to divest the debtor’s interest in property on insolvency or increase a creditor’s rights are discussed. Exceptions to the pari passu principle are reviewed. It considers the importance of distinguishing between personal rights and proprietary rights in an insolvency. It discusses the limits on proprietary rights in an insolvency.
Retaining or Recovering A Proprietary Interest by Operation of Law
Authors: Calnan Richard
Published: March 2021

This chapter considers the circumstances in which a person can retain or recover a proprietary interest by operation of law. It discusses the importance of intention in deciding whether title is retained at common law. It explains how rescission can be used to recover title, and the circumstances in which title is retained in equity by operation of law. It discusses how money is transferred, and its distinction from other assets. It also considers the unpaid vendor’s lien.
Title II Free Movement of Goods
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Article 28 sets out the features of the customs union, further specified in this Title, in paragraph 1, and defines the goods to which Article 30 and Article 34–7 TFEU apply.
Article 8 TEU
Authors: Kochenov Dimitry
Published: March 2021

Article 8 TEU formally constitutionalizes the European Neighbourhood Policy (ENP) of the EU, which, until the ToL has only been based on soft law. Before the entry into force of the ToL not a single provision of the Treaties dealt specifically with the strengthening of relations with the neighbourhood of the EU. Article 8 TEU was supposed to bridge this gap, providing both the principles of the engagement with the neighbourhood and a special procedure for this. Until this day the provision has never been used as a legal basis of any EU action.
Title III Agriculture and Fisheries
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 38 establishes the basis for a common agriculture and fisheries policy, defines its scope, and situates it in relation to the general internal market rules.

Article 39 sets out the objectives of the common agriculture and fisheries policies.

Article 40 contains a basic...
Article 38 TFEU
Authors: Bouquet André , Erlbacher Friedrich , Lewis Alexandre-Xavier-Pierre
Published: March 2021

Article 32 EC The Union shall define and implement a common agriculture and fisheries policy.
Article 44 TFEU
Authors: Bouquet André , Erlbacher Friedrich , Lewis Alexandre-Xavier-Pierre
Published: March 2021

Article 38 EC Where in a Member State a product is subject to a national market organisation or to internal rules having equivalent effect which affect the competitive position of similar production in another Member State, a countervailing charge shall be applied by Member States to imports of this product coming from the Member State where such organisation or rules exist, unless that State applies a countervailing charge on export.
Article 46 TFEU
Authors: Martin Denis
Published: March 2021

Article 40 EC The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers defined in Article 45, in particular:
Article 50 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 44 EC In order to attain freedom of establishment as regards a particular activity, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall act by means of directives.
Article 56 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 49 EC Within the framework of the provisions set out below, restrictions on freedom to provide services within the Union shall be prohibited in respect of nationals of Member States who are established in a Member State other than that of the person for whom the services are intended.
Article 58 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 51 EC Freedom to provide services in the field of transport shall be governed by the provisions of the Title relating to transport.
Article 62 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 55 EC The provisions of Articles 51 to 54 shall apply to the matters covered by this Chapter.
Title V Area of Freedom, Security and Justice
Authors: Bogensberger Wolfgang
Published: March 2021

The Area of Freedom, Security and Justice (AFSJ) aims at offering its citizens an area without internal frontiers. That Treaty objective is a recent one—the 1957 ToR does not refer to any such concept. However, the steadily growing dynamics of European integration, notably the creation of the internal market as an area where the free movement of persons—in addition to goods, services, and capital—is ensured, has triggered the political wish and the practical need to provide citizens with a high level of security and justice in that area. The Union’s priorities were no longer focusing exclusively on economic goals, but also on how to safeguard the (fundamental) rights of its citizens across the Union (e.g. by preventing and combating cross-border crime). Therefore, Justice and Home Affairs (JHA) matters came into the Union’s focus, since the absence of controls of persons when crossing borders called upon compensation measures, as not only workers, students, and tourists enjoyed travelling freely across borders, but also perpetrators of crime.
Article 77 TFEU
Authors: Wilderspin Michael
Published: March 2021

Article 62 EC The Union shall develop a policy with a view.
Chapter 3 Judicial Cooperation in Civil Matters
Authors: Wilderspin Michael
Published: March 2021

Civil cooperation in civil matters serves the purpose of facilitating the mutual recognition of judgments in this field, with the ultimate goal of allowing a judgment handed down in one MS to circulate freely throughout the Union. It was included within the scope of the EC Treaty for the first time in 1999 with the entry into force of the ToA. Nevertheless, action by the MS of the Union acting together has a much longer history in that they concluded conventions in this field, in 1968 and 1980 respectively, which have served as models for instruments adopted after 1999. Furthermore, the then MS embarked upon an ambitious and, at the time, over-optimistic programme of harmonizing MS’ rules on conflict of laws as early as 1967; realization of this programme, which became feasible only after 1999, is still not complete.
Article 81 TFEU
Authors: Wilderspin Michael
Published: March 2021

Article 65 EC The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of the Member States.
Article 84 TFEU
Authors: Bogensberger Wolfgang
Published: March 2021

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.
Article 13 TEU
Authors: Loewenthal Paul-John
Published: March 2021

The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions.
Article 91 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 71 EC For the purpose of implementing Article 90, and taking into account the distinctive features of transport, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions.
Article 93 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 73 EC Aids shall be compatible with the Treaties if they meet the needs of coordination of transport or if they represent reimbursement for the discharge of certain obligations inherent in the concept of a public service.
Article 95 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 75 EC In the case of transport within the Union, discrimination which takes the form of carriers charging different rates and imposing different conditions for the carriage of the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be prohibited.
Article 100 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 80 EC The provisions of this Title shall apply to transport by rail, road and inland waterway.
Chapter 1 Rules on Competition
Authors: Kellerbauer Manuel
Published: March 2021

Chapter 1 (‘Rules on competition’) of Title VII (‘Common rules on competition, taxation and approximation of laws’) contains two essentially distinct sections that aim at safeguarding undistorted competition within the internal market. Chapter 1 Section 1, entitled ‘Rules applying to undertakings’ predominantly contains rules regarding practices on the part of private actors that are capable of restricting competition in the internal market. Solely Article 106 TFEU is also addressed to MS to the extent that they act through public undertakings or grant undertakings special or exclusive rights. By contrast, Section 2 entitled ‘Aids granted by States’ addresses intervention through state resources that threatens to distort competition in the internal market.
Article 103 TFEU
Authors: Kellerbauer Manuel , Meeßen Gero
Published: March 2021

Article 83 EC The appropriate regulations or directives to give effect to the principles set out in Articles 101 and 102 shall be laid down by the Council, on a proposal from the Commission and after consulting the European Parliament.
Article 124 TFEU
Authors: Flynn Leo
Published: March 2021

Article 102 EC Any measure, not based on prudential considerations, establishing privileged access by Union institutions, bodies, offices or agencies, central governments, regional, local or other public authorities, other bodies governed by public law, or public undertakings of Member States to financial institutions, shall be prohibited.
Article 136 TFEU
Authors: Flynn Leo
Published: March 2021

In order to ensure the proper functioning of economic and monetary union, and in accordance with the relevant provisions of the Treaties, the Council shall, in accordance with the relevant procedure from among those referred to in Articles 121 and 126, with the exception of the procedure set out in Article 126(14), adopt measures specific to those Member States whose currency is the euro.
Article 145 TFEU
Authors: Garben Sacha
Published: March 2021

Article 125 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 151 TFEU
Authors: Garben Sacha
Published: March 2021

Article 136 EC The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
Article 165 TFEU
Authors: Garben Sacha
Published: March 2021

Article 149 EC The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
Article 167 TFEU
Authors: Garben Sacha
Published: March 2021

Article 151 EC The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.
Article 170 TFEU
Authors: Kochenov Dimitry
Published: March 2021

Article 154 EC To help achieve the objectives referred to in Articles 26 and 174 and to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting-up of an area without internal frontiers, the Union shall contribute to the establishment and development of trans-European networks in the areas of transport, telecommunications and energy infrastructures.
Article 173 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 157 EC The Union and the Member States shall ensure that the conditions necessary for the competitiveness of the Union’s industry exist.
Article 180 TFEU
Authors: Garben Sacha
Published: March 2021

Article 164 EC In pursuing these objectives, the Union shall carry out the following activities, complementing the activities carried out in the Member States
Title I Common Provisions
Authors: Klamert Marcus
Published: March 2021

The title ‘Common Provisions’, comprising Articles 1–8 TEU, regroups norms that are very different both in terms of their nature and their subject matter. Articles 1–6 TEU are general provisions on the foundations of EU integration and of the EU legal order. Article 7 TEU establishes a procedure for safeguarding the Union’s founding values as enshrined in Article 2 TEU. Article 8 TEU deals with quite a specific policy area, namely relations with neighbouring countries.
Article 187 TFEU
Authors: Garben Sacha
Published: March 2021

Article 170 EC The Union may set up joint undertakings or any other structure necessary for the efficient execution of Union research, technological development and demonstration programmes.
Article 190 TFEU
Authors: Garben Sacha
Published: March 2021

Article 173 EC At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
Article 23 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The Union’s action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.
Article 207 TFEU
Authors: Erlbacher Friedrich , Rusche Tim Maxian
Published: March 2021

Article 133 EC The common commercial policy shall be based on uniform principles, particularly with regard to changes in tariff rates, the conclusion of tariff and trade agreements relating to trade in goods and services, and the commercial aspects of intellectual property, foreign direct investment, the achievement of uniformity in measures of liberalisation, export policy and measures to protect trade such as those to be taken in the event of dumping or subsidies. The common commercial policy shall be conducted in the context of the principles and objectives of the Union’s external action.
Article 25 TEU
Authors: Ramopoulos Thomas
Published: March 2021

The Union shall conduct the common foreign and security policy by defining the general guidelines.
Article 222 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 222 TFEU as a general solidarity clause was introduced by the ToL. Relevant provisions were contained in Articles I-43 and III-329 of the ConstT (not entered into force). Article 222 TFEU can be seen as one of the political responses to different terrorist attacks, such as those in New York on 11 September 2001 or in Madrid on 11 March 2004, but also of natural disasters such as in particular the floods in Central Europe in 2002. The location of Article 222 TFEU in Part V TFEU (external action by the EU), despite the fact that the events dealt with in that provision occur on the territory of the MS and not externally, underlines that the sources of these threats are, at least in part, seen to be seated outside the Union.
Article 229 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 196 EC The European Parliament shall hold an annual session. It shall meet, without requiring to be convened, on the second Tuesday in March.
Article 234 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 201 EC If a motion of censure on the activities of the Commission is tabled before it, the European Parliament shall not vote thereon until at least three days after the motion has been tabled and only by open vote.
Article 28 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 14 TEU Where the international situation requires operational action by the Union, the Council shall adopt the necessary decisions. They shall lay down their objectives, scope, the means to be made available to the Union, if necessary their duration, and the conditions for their implementation.
Article 244 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

According to Article 17(5) TEU, the number of commissioners was to be reduced as from 1 November 2014 from twenty-eight, one from each MS, to nineteen, representing two-thirds the number of MS. This reduction was already envisaged in Article 4 of the Protocol on the enlargement of the EU annexed by the ToN to the Treaties once the number of MS surpassed twenty-seven.
Article 29 TEU
Authors: Ramopoulos Thomas
Published: March 2021

Article 15 TEU The Council shall adopt decisions which shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the Union positions.
Article 251 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 221 EC The Court of Justice shall sit in chambers or in a Grand Chamber, in accordance with the rules laid down for that purpose in the Statute of the Court of Justice of the European Union.
Article 255 TFEU
Authors: Schima Bernhard
Published: March 2021

A panel shall be set up in order to give an opinion on candidates’ suitability to perform the duties of Judge and Advocate-General of the Court of Justice and the General Court before the governments of the Member States make the appointments referred to in Articles 253 and 254.
Article 257 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 225a EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish specialised courts attached to the General Court to hear and determine at first instance certain classes of action or proceeding brought in specific areas. The European Parliament and the Council shall act by means of regulations either on a proposal from the Commission after consultation of the Court of Justice or at the request of the Court of Justice after consultation of the Commission.
Article 259 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 227 EC A Member State which considers that another Member State has failed to fulfil an obligation under the Treaties may bring the matter before the Court of Justice of the European Union.
Article 261 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 229 EC Regulations adopted jointly by the European Parliament and the Council, and by the Council, pursuant to the provisions of the Treaties, may give the Court of Justice of the European Union unlimited jurisdiction with regard to the penalties provided for in such regulations.
Article 263 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 230 EC The Court of Justice of the European Union shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council intended to produce legal effects vis-à-vis third parties. It shall also review the legality of acts of bodies, offices or agencies of the Union intended to produce legal effects vis-à-vis third parties.
Article 265 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 232 EC Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.
Article 294 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 251 EC Where reference is made in the Treaties to the ordinary legislative procedure for the adoption of an act, the following procedure shall apply.
Article 295 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

The European Parliament, the Council and the Commission shall consult each other and by common agreement make arrangements for their cooperation. To that end, they may, in compliance with the Treaties, conclude interinstitutional agreements which may be of a binding nature.