bluuebunny/crossref_metadata_2025 huggingface dataset:
Was wirkt in der gesetzlichen Sozialhilfe?
Authors: Haunberger Sigrid , Wyder Angela , Gisler Fiona , Kita Zuzanna
Published: November 2020

Immer häufiger geht es nicht mehr nur um die Frage, ob Sozialhilfe wirkt, sondern auch darum, was in der Sozialhilfe wirkt. Die Wirkung von Sozialhilfe ist nicht nur von politischen, gesellschaftlichen und organisationalen Rahmenbedingungen beeinflusst, sondern eng mit der Debatte um professionelles Handeln in einem administrativ-organisatorischen Kontext verbunden. Erfolgs- und Misserfolgsfaktoren wurden mit einer systematischen Literaturübersicht identifiziert und werden in diesem Beitrag in einem Wirkungsmodell verdichtet.
Die Schifffahrtsfreiheit in der maritimen Raumplanung der Ausschließlichen Wirtschaftszone
Authors: Pesch Sebastian tho
Published: November 2020

Offshore wind farms compete against other uses of the sea for space. Maritime spatial planning ought to resolve such conflicts. What role does the law of the sea play? In the exclusive economic zone, the rights of the coastal state and the rights of other states are of equal importance. How can a coastal state, that is applying maritime spatial planning, respect the rights of other states to comply with the requirements of the law of the sea? This study elaborates on the roots of today´s problems and develops solutions.
The Effect of Theraplay on Prolonged Grief and Post-Traumatic Stress Disorder in Bereaved Siblings of Children with Cancer: A Preliminary Study
Authors: Sepehrtaj Arefeh , Younesi Seyyed Jalal , Seyed Mousavi Parisa , Jafari Parvin
Published: November 2020

Background: Death of any of siblings is an overwhelming, severe, and prolonged challenge in children development process and is a major risk factor for psychiatric disorders in childhood and later. Interventions for bereaved families following a child’s death have been examined over the last several decades. However, no effective treatment for bereavement siblings prolonged grief disorder (PGD) and post-traumatic stress disorder (PTSD) has been found yet. Objectives: The study aimed at determining the effect of Theraplay on the symptoms of prolonged grief (PG) and post-traumatic stress disorder (PTSD) in siblings of a deceased child with cancer. Methods: In this preliminary study, a multiple baseline single-subject design with a follow-up period was used. The statistical population included siblings and mothers of children aged 6-10 years who had been under treatment at Mahak Child Cancer Hospital and died 1or 2 years ago. From this population, 4 mother-child pairs were selected as the study sample by convenience sampling. Each mother-child pair participated in 15 Theraplay sessions once a week (45-minute section). Assessments were performed using the inventory of prolonged grief for children (IPG-C) and the University of California at Los Angeles Posttraumatic Stress disorder reaction index for DSM-5 (UCLA PTSD-RI) at baseline, intervention sessions and follow-up stages. Visual analysis of graphic displays of level, reliable change index (RCI) and clinical significance were used to analyze the data. Data analysis and drawing graphs were performed in Microsoft Excel 2016. Results: Results of visual and quantitative analysis of data showed that PG symptoms decreased in all 4 participants during the treatment and follow-up. Also, according to the results, Theraplay intervention significantly reduced PTSD in all participants. Conclusions: Theraplay appears to be effective in reducing PG and PTSD in bereaved siblings. However, the reduction rate varied in different subjects. According to the findings, Theraplay helped subjects accept grief and loss and this method can be used to help the mental health of other bereaved children.
Primary Adenocarcinoma of Lung with Synchronous Renal Cell Carcinoma: A Case Report and Review of the Literature
Authors: Seifi Sharareh , Esfahani-Monfared Zahra , Pourabdollah Mihan , Haseli Sara
Published: November 2020

Introduction: The simultaneous occurrence of two distinct tumors is rare. Distinguishing between the concomitances of two primary malignancies from metastatic disease is very important for disease management and overall survival improvement. Case Presentation: We report a case of a lung adenocarcinoma patient, who incidentally has renal cell carcinoma (RCC). This report includes clinical, radiological, and histological diagnostic challenges in an unexpected lesion and a review of the literature. Conclusions: The possibility of primary cancer should be taken into account when a lesion is detected in the lung or the kidneys. Thus, both the radiographic appearance and clinical behavior of a lesion may hold clues that can help distinguish synchronous cancers.
CRP Levels in Viral Hepatitis: A Meta-Analysis Study
Authors: Singh Sukhpal , Bansal Abhishek , Kumar Pardeep
Published: November 2020

Context: Viral hepatitis is a common infectious disorder with a high degree of mortality. The host immunological feedback to the hepatitis virus is dim and unable to down-regulate and clear infection. C-reactive protein (CRP), an acute phase reactant synthesized by hepatocytes in response to inflammatory reactions, facilitates apoptosis and phagocytosis. An effort has been made in the current meta-analysis study to elucidate the relationship between CRP and hepatitis B virus (HBV) and hepatitis C virus (HCV) infections. Methods: Eighteen published research articles on CRP levels of viral hepatitis patients were included in this study. A random-effects model was used to calculate the pooled mean level for CRP. Results: The pooled mean level of CRP hepatitis B and hepatitis C was 6.93 mg/L (95% CI: 3.04 - 10.81) and 2.31 mg/L (95% CI: 1.06 - 3.55), respectively. A high degree of variance was observed among the studies, with the I2 more than 90%. Conclusions: The pooled mean level of CRP was within the normal range in patients with hepatitis C; however, it was high in patients with hepatitis B. The pooled mean CRP level reported in this study can be useful to determine the level of liver damage in patients with viral hepatitis.
Chest CT Imaging Features of COVID-19-Related Pulmonary Fibrosis: A Case Report
Authors: Bozdağ Mustafa , Savas Recep
Published: November 2020

: Shortly after being identified in China, 2019 coronavirus disease (COVID-19) caused by SARS-CoV-2 has spread rapidly and millions of people were infected as of May 2020; the outbreak resulting in more than 250,000 deaths was declared a pandemic. In this critical stage of the ongoing pandemic of COVID-19, information regarding the long term effects of the disease remains limited. While most of the patients recover completely, some patients may develop complications. In this report, we aimed to present the serial chest high-resolution computed tomography (HRCT) findings in a patient who developed pulmonary fibrosis (PF) similar to usual interstitial pneumonia (UIP) pattern during recovery from severe novel coronavirus pneumonia.
A Novel Combined Treatment for Relapse Prevention of Depression: A Case Report
Authors: Khayyer Zahra , Sabaghypour Saied , Amini Banafsheh , Shojaei Azam
Published: November 2020

Introduction: There is plenty of evidence concerning novel treatments for major depression, as a prevalent disorder of the era. Acceptance commitment therapy (ACT), group therapy (GT), and transcranial direct current stimulation (tDCS) are the most widely used interventions, particularly for the amelioration of depressive symptoms. However, for those who receive these interventions, the risk of depression relapse is high. In this article, we have reported a depressed patient who was treated by a novel triangular systematic protocol with the advantage of relapse prevention. Case Presentation: The triangular protocol contained three stages of tDCS, ACT, and GT, which were conducted in succession. Initially, after administering tDCS, improvements were observed concerning dorsolateral prefrontal cortex (DLPFC) activation. After increasing prefrontal activity, however, the patient was complaining of remaining symptoms. Hence, we supposed it was time to work on mental reconstruction using ACT techniques. Because for most major depressive disorder (MDD) relapse following acute treatment is common, we hypothesized that administering GT after combined use of tDCS and ACT can prevent recurrence and relapse of the disease and that there will also be differences in electroencephalogram (EEG) oscillations of a depressed person after combining these methods. Conclusions: Detailed brain map of the patient and low-resolution electromagnetic tomographic analysis exhibited a marked correction of previously elevated frontal Alpha activity. According to the Beck Depression inventory-short form (BDI-SF) and Acceptance and Action questionnaire (AAQ-II), the levels of depression symptoms and psychological inflexibility were decreased, respectively. The decreasing trend was maintained after ACT and GT (stages 2 and 3). Among different times (baseline, tDCS, ACT, and GT), AAQ dramatically decreased following ACT. Similarly, the observation was maintained after the third edge of the triangle protocol. Based on the positive results of the study, it might be important for future studies with larger samples to consider the proposed protocol and might provide further evidence about the effectiveness of this method and its long-lasting effects.
Prevalence of Coronary Artery Ectasia and Associated Risk Factors
Authors: Moezi Bady Seyyed Ali , Rezvanian Elham , Azdaki Nahid , Khosravi Bizhaem Saeede , Kazemi Toba
Published: November 2020

Objectives: This study aimed to evaluate the incidence of coronary artery ectasia (CAE) and its associated factors in the East of Iran. Methods: A cross-sectional study was conducted on 2,795 patients undergoing coronary angiography between 2011 and 2017. Patients were categorized into three groups: Coronary artery ectasia, normal coronary artery, and coronary artery stenosis. Patients' demographic data, cardiac risk factors, and angiographic results were extracted from medical records. Then, information on CAE patients was evaluated. Data were analyzed by the independent t-test, Mann-Whitney test, and chi-square test. Statistical significance was defined by a P-value ≤ 0.05. Results: The prevalence of CAE was 3.04%. The mean age of CAE patients (59.44 ± 10.15) was significantly higher than that of normal coronary artery patients (53.98 ± 9.97). The proportion of men was significantly lower in the CAE group (48.2%) than in the CAS group (62.1%) but higher than in the normal group (32.3). Body mass index (BMI) and low HDL (high-density lipoprotein) were higher in the CAE group, but diabetes mellitus was lower than in the CAS group. Conclusions: The prevalence of CAE was low in our study. Old age, male sex, obesity, and low HDL were CAE risk factors, but diabetes mellitus was a preventing factor in our study.
What Remains of Stoic Ethics?
Authors: Praino Evelina ,   Canadian Society for Continental Philosophy
Published: November 2020

Among Foucault’s works on the “techniques of the self,” the importance of the Stoic doctrine of cura sui is testified by a number of essays such as The Care of the Self and The Hermeneutics of the Subject. In line with Foucault’s biopolitical thought throughout the 1970s, my core argument in this paper is that some authors of the Italian Theory develop their account of contemporary neoliberalism through the interpretation of cura sui as a form of self-enterprise. Thus, I compare certain passages of late imperial Stoicism with contemporary critical literature in order to demonstrate that (1) a certain semantic contiguity led to an interpretation of the technologies of the self that is quite different from Foucault’s original purpose, and (2) their ethical outcomes in the domain of self-entrepreneurship suffer from a substantial ambiguity.L’importance de la doctrine stoïque de la cura sui dans les études foucaldiennes sur les « techniques du soi » s’affirme par des ouvrages tels que Le souci de soi et l’Herméneutique du sujet. Dans le sillage de la pensée biopolitique de Foucault à la fin des années 1970, la thèse que je développe dans ce texte est que certains auteurs de l’Italian Theory, dans leur lecture du présent néolibéral, ont rapproché la question classique de la cura sui à celle de l’auto-entrepreneuriat. Dans cette perspective, je fais une comparaison de certains passages du stoïcisme impérial tardif à la littérature critique contemporaine, afin de démontrer que (1) une certaine contiguïté sémantique a conduit à une interprétation des technologies du soi assez différente des intentions originaires de Foucault et que (2) leur finalité éthique, à propos de l'auto-entrepreneuriat, confirme son ambiguïté de fond.
Syntax in Serbian language teaching in the second cycle of compulsory Education
Authors: Sorak Zorica
Published: November 2020

The aims, tasks and outcomes of teaching the subjects of the Serbian language and Serbian language and literature in the second cycle of compulsory education are aimed at developing the competence of the student's personality that will master the correct use of the Serbian language in written and spoken communication. The National Education Council has prescribed Standards that are a measure of the achievement of the planned educational goals. Textbooks that can be used in teaching Serbian are approved by the Institute for the Advancement of Education and meet the prescribed standards for textbook quality. The content of the textbooks that we have insight into is aligned with the curriculum, contributes to meeting the prescribed standards, the contents are based on accepted scientific theories, facts and conclusions, the visual contents are clear and have different functions, are aligned with the value system defined by the educational goals and upbringing, they connect the contents within the same subject between classes. Reforms of teaching aimed at achieving learning outcomes also bring new ways of monitoring and evaluating student achievement (formative assessment), compulsory project teaching, and innovations in teacher planning.
Efectos del programa affective e-learning en el desarrollo de la Competencia Digital en estudiantes del Grado en Educación Primaria
Authors: Pérez García Álvaro , Hernández-Sánchez Alba María
Published: November 2020

INTRODUCCIÓN. Este artículo presenta los efectos de un programa interuniversitario de especialización en competencias digitales basado en la metodología didáctica de affective e-learning. El programa formativo nace del proyecto I+D+i denominado Evaluación y desarrollo de dos competencias genéricas en estudiantes de primer año del grado de maestro en educación primaria. El grupo de 109 participantes pertenece al título de magisterio de Educación Primaria de las Facultades de Educación de la Universidad de Oviedo, la Universidad de Jaén y en la Universidad de Granada. MÉTODO. Tras el diseño del programa formativo se aplica un cuestionario ad-hoc validado por jueces expertos externos. El instrumento formado por 49 ítems tiene una estabilidad de escala aplicada con un Alfa de Cronbach de 0,786. Este cuestionario se fundamenta en el Marco Común de Competencia Digital Docente del Instituto Nacional de Tecnologías Educativas y de Formación del Profesorado. RESULTADOS. Se demuestran diferencias significativas entre el pretest y el postest en la comprensión y aplicación de habilidades de la competencia digital, en términos de mejora en las destrezas de configuración, uso, autonomía, análisis, búsqueda y cumplimiento de estándares. DISCUSIÓN. Los hallazgos encontrados avalan la efectividad de aplicar un modelo de affective e-learning que se adapte a los conocimientos previos y los distintos ritmos y estilos de aprendizaje del grupo de participantes en su formación universitaria.

INTRODUCTION. This article presents effects of interuniversity programme about digital competences specialization, based on affective e-learning methodology. The educational programme originated from I+D+i project denominated Evaluation and development of two generics competences of first year Primary Education students. The group of 109 students belong to Primary Education University degree of Faculties of Oviedo, Jaén and Granada.  METHOD. After completing the design of educational programme, it applies an ad-hoc questionnaire validated by external experts. The 49 items tool has a stability of 0,786 Cronbach Alpha. This questionnaire based on Common Framework of Teacher Digital Competence of National Institute of Educational Technologies and Teachers Training. RESULTS. It shows significant differences between pretest and postest on understanding and application of digital competences abilities, in terms of improving skill of configuration, use, autonomy, analysis, search and standards compliance.  DISCUSSION. Findings endorse the effectivity of apply an affective e-learning model that adapt to preliminary knowledge and different learning pace and style of student group.
Proyecto edusin (educa-salud: investiga y muévete segur@): un programa de intervención sobre los mitos en actividad física y salud
Authors: Cendrero-Rodríguez B. , Ruiz-Tendero G.
Published: November 2020

El presente trabajo, denominado proyecto EDUSIN tiene como objetivo principal promover en entornos educativos, una cultura de actividad física y salud basada en el conocimiento, mediante la participación activa de los propios alumnos. Para ello, se realizó una intervención en un centro educativo de Madrid (Carabanchel), en la que participaron 65 estudiantes de 4º ESO. Se evaluó el nivel de conocimiento de los alumnos sobre mitos relacionados con la salud y el deporte, a través del Cuestionario MAFYS. Posteriormente, los estudiantes elaboraron pósteres para concienciar a la comunidad educativa de las falsas creencias. Además, se evaluaron la calidad de la intervención realizada y el alcance de la difusión. Los resultados mostraron que el nivel de conocimiento de los estudiantes es medio-bajo (47,2% de aciertos), la calidad de la evaluación del proyecto ha sido notable (media global = 8,53), al igual que el alcance de la difusión (100% de los encuestados).

The present work, called project EDUSIN has as main objective to promote in educational environments, a culture of physical activity and health based on knowledge, through the active participation of the students themselves. For this, an intervention was carried out in an educational center in Madrid (Carabanchel), in which 65 students of 4th ESO participated. The level of knowledge of the students about myths related to health and physical exercise was assessed through the MAFYS Questionnaire. Subsequently, the students made posters of the different myths with the aim of raising the awareness of the educational community of false beliefs. On the one hand, the quality of the intervention carried out was assessed and, on the other hand, the scope of the dissemination. The results showed that the level of knowledge of the students is medium (47.2% of correct answers), the quality of the evaluation of the project has been remarkable (global average = 8.53), as well as the reach of the dissemination reaching 100% of the respondents.
Beneficios de la actividad física inclusiva para personas con síndrome de Down: revisión sistemática.
Authors: Silva-Ortiz A.M. , Gamonales J.M. , Gámez-Calvo L. , Muñoz-Jiménez J.
Published: November 2020

El objetivo del trabajo fue realizar una revisión de la literatura relacionada con la actividad física como medio de inclusión para personas con Síndrome de Down. Para la búsqueda de referencias, se utilizó las siguientes palabras clave: Inclusion, Down Syndrome, y Physical Activity. Las bases de datos utilizadas fueron Web Of Science y SCOPUS. Para limitar la búsqueda, se establecieron cinco criterios de inclusión: i) Mencionar al menos alguna de las características de las personas con Síndrome de Down, ii) Utilizar la Actividad Física como herramienta de mejora de la calidad de vida iii) Seleccionar solamente artículos científicos, iiii) Disponibilidad del texto completo, y iiiii) Estar escrito en lengua inglesa. Se seleccionaron veintiún estudios, donde se extrajeron los datos de los artículos incluidos en la revisión. Los documentos abordan tópicos de investigación diferentes y han permitido conocer los principales beneficios de la actividad física para mejorar la calidad de vida de las personas con Síndrome de Down.

The aim of the work was to conduct a review of the literature related to physical activity as a medium of inclusion for people with Down syndrome. For references search, the following keywords were used as descriptors: Inclusion, Down Syndrome, and Physical Activity. The databases used were Web of Science and SCOPUS. To limit the search, five inclusion criteria were established: i) Mention at least some of the characteristics of people with Down Syndrome, ii) Use the Physical Activity iii) Only scientific articles were selected, iiii) complete text available, and iiiii) Be written in English. Twenty-one papers were selected, where the data of the included articles were extracted and synthesized. In conclusion, the documents address different research topics and have allowed to know the benefits of physical activity and the least investigated areas, as well as to know the main recommendations to improve the quality of life of people with Down syndrome.
Influencia de la actividad física y práctica deportiva en el rendimiento académico del alumnado de educación secundaria
Authors: Villalba Lombarte S. , Villena Serrano M. , Castro López R.
Published: November 2020

La presente investigación pretende identificar si la realización de práctica deportiva y de actividad física tiene influencia en el rendimiento académico de adolescentes en su etapa escolar. Se ha tomado a través de un enfoque cuantitativo con carácter inferencial, una muestra de 91 alumnos estudiantes de ESO (n=91). Los instrumentos utilizados han sido el cuestionario mundial de actividad física GPAQ (OMS, 2004), valoración subjetiva de la práctica deportiva y una serie de cuestiones sobre el rendimiento académico, centradas en la nota media del último trimestre y número de asignaturas suspendidas. Los resultados muestran que los alumnos que exponen mayores niveles de actividad física tienen un mejor rendimiento académico que los que no realizan dicha práctica. A su vez, estos resultados son más positivos cuantas más horas de práctica deportiva se realizan, y los alumnos que realizan cualquier tipo de práctica deportiva tienen una valoración más positiva que los alumnos inactivos.

This research aims to identify whether the performance of sport and physical activity influences the academic achievement of adolescents in their school years. To do this, it has been taken through a quantitative approach to inferential character, a sample of 91 students of ESO students (n = 91). On the one hand, sport and physical activity was measured through global physical activity questionnaire GPAQ (OMS, 2004), on the other hand, have implemented a number of questions on academic performance, focusing on the overall rating the last quarter and the number of failed subjects in addition to their subjective assessment of sports. The results show that students exhibiting higher levels of physical activity have better academic performance than those not involved in the practice, both in its upper half note as the lower number of failed subjects. In turn, these results are more positive when many hours of sport are made, and students who perform also any kind of sports have a more positive assessment than physically inactive students.
The Interaction of Public and Private Enforcement of Competition Law in Lithuania
Authors: Stanikunas Rimantas Antanas , Burinskas Arunas
Published: November 2020

This paper provides a study of the interaction between public and private enforcement of Lithuanian antitrust law. The study refers to the Damages Directive. It has been found that private enforcement depends greatly on public enforcement of competition law. Therefore, their compatibility and balance are of great importance to antitrust policy. The Lithuanian NCA prioritises cases where an economic effect on competition does not have to be proven. This creates uncertainty about the outcome of private enforcement cases. Private enforcement in Lithuania is also in need of detailed rules on the identification of harm and causality. The analysis reveals how challenging it can be to estimate and prove harm or a causal link in private enforcement cases. Support from the NCA is therefore exceedingly needed. Moreover, even though the use of the leniency programme helps, it remains insufficient to solve the problem of under-deterrence. However, measures introduced by the Damages Directive do not make the leniency programme safe.
Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions
Authors: Cseres Katalin J.
Published: November 2020

The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.
How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages
Authors: Jurkowska-Gomułka Agata
Published: November 2020

The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.
Piecemeal Harmonisation Through the Damages Directive? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law
Authors: Piszcz Anna
Published: November 2020

On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts
The Damages Directive and Consensual Approach to Antitrust Enforcement
Authors: Moisejevas Raimundas
Published: November 2020

The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts
What Are the Directions in the Enforcement of Polish Competition Law – Review of a Series of New Polish Soft Law Guidelines
Authors: Laszczyk Anna
Published: November 2020

A recent amendment to the Act of Competition and Consumer Protection of 2007, which entered into force in January 2015, brought with it a number of changes to the Polish competition law system introducing, among other things, several new legal institutions. This development created the need to issue new soft law guidelines in order to give some clarity as to their application. At the same time, certain pre-existing soft law guidelines of the Polish Competition Authority – the President of the UOKiK – needed updating in order to make them applicable to the new legal conditions. The aforementioned legislative changes were accompanied by an official UOKiK policy statement of openness and transparency. Given this objective, the UOKiK President provided a set of best practices for the Authority, in particular as regards its relations with undertakings. The aim of this paper is to critically review the newly adopted guidelines as well as modifications made to preexisting soft laws. It emerges from this analysis that although the issuance of any sort of guidelines should be welcomed in general, since it improves legal certainty as to the Authority’s future conduct in individual cases, a number of problems remains which have not been sufficiently or in fact properly addressed.
2015 Amendments to the Aviation Law Act
Authors: Konert Anna , Kasprzyk Piotr
Published: November 2020

In 2015, the Polish Parliament passed two amendments to the Act of 3 July 2002 – Aviation Law. The first of the Amendments adjusted Polish law to EU rules on air traffic flow management. The second made it possible to use military airports to perform civil aviation operations, especially flights conducted for the Polish Armed Forces. 2015 saw also the start of legislative works on a more comprehensive amendment of the Aviation Law Act. The latter are to adapt national laws to rapidly changing EU legislation, in particular in the field of aviation safety.
Contracts and Automation: Exploring the Normativity of Automation in the Context of U.S. Contract Law and E.U. Consumer Protection Directives
Authors: Barnhizer Daniel
Published: November 2020

Given a choice between two systems of contract rules, a court or legislature may have a normative obligation to adopt the rule that is more susceptible to coding and automation. This paper explores the ramifications of that normative proposition through the lens of multiple contract doctrines that traditionally involve “messy” judgments or multiple interacting judgments regarding which human beings are – arguably – capable of making finely nuanced analyses. Using the common law doctrine of unconscionability and Polish Civil Code Article 385 on unfair terms in consumer contracts, this paper explores the differences between contract rules that require human analysis versus those that can be applied with strong reliability by automated processes. Finally, the paper analyzes some of the potential pitfalls of this normative proposition in light of technological, economic, and moral/ethical concerns.
Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers
Authors: Korycińska-Rządca Paulina
Published: November 2020

The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.
Antitrust Liability in the Context of Online Platforms. Case Comment to the Preliminary Ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14)
Authors: Targański Bartosz
Published: November 2020

In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latter asked whether the mere dispatch of an email relating to the maximum level of rebates may constitute sufficient evidence to establish that its addressees can be found liable for illegal concerted practices within the meaning of Article 101(1) TFEU. The CJ judgment raises novel issues specific to antitrust enforcement in e-commerce in two areas: (i) can users of a third party online booking platform be found liable for an anti-competitive practice purely on the basis of receiving unprompted email messages, even if they were not aware of their content, and (ii) what steps should they take in order to distance themselves from anti-competitive actions in an e-commerce environment.
The Interaction of Public and Private Enforcement of Competition Law Before and After the EU Directive – a Hungarian Perspective
Authors: Tóth Tihamér
Published: November 2020

The paper explores the changes the EU Directive on harmonizing certain rules governing actions for damages under national law for infringements of the competition law provisions will bring about in Hungary, with a special focus placed on damages liability rules, the interaction of public and private enforcement of these rules, and the importance of class actions. Amendments of the Competition Act introduced in 2005 and 2009 had created new rules to promote the idea of private enforcement even before the Directive was adopted. Some of these rules remain unique even now, notably the legal presumption of a 10% price increase for cartel cases. However, subsequent cases decided by Hungarian courts did not reflect the sophistication of existing substantive and procedural rules. There has only ever been one judgment awarding damages, while most stand-alone cases involved minor competition law issues relating to contractual disputes. The paper looks at the most important substantial rules of tort law (damage, causality, joint and several liability), the co-operation of competition authorities and civil courts, as well as at (the lack of) class action procedures from the perspective of the interaction of public and private enforcement of competition law.
Competition Law and State Aid for Failing Banks in the EU and its Specific Implications for CEE Member States
Authors: Blazsek Virág
Published: November 2020

The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State aid” category. The above shifts show that the EC itself deflected from relevant EU laws in order to systemically rescue important banks in Europe and restore their financial stability. The paper argues that bank bailouts and bank rescue packages by the State have led to different effects on market structures and consumer welfare in the Eurozone and non-Eurozone areas, mostly the Eastern segments of the European Union. As such, it is argued that they are inconsistent with the European common market. Although the EC tried to minimize the distortion of competition created as a result of the aforementioned case law primarily through the application of the principle of exceptionality and different compensation measures, these efforts have been at least partially unsuccessful. Massive State aid packages, the preferential treatment of the largest, or systemically important, banks through EU State aid mechanisms – almost none of which are Central and Eastern European (CEE) – may have led to the distortion of competition on the common market. That is so mainly because of the prioritization of the stability of the financial sector and the Euro. The paper argues that State aid for failing banks may have had important positive effects in the short run, such as the promotion of the stability of the banking system and the Euro. In the longrun however, it has contributed to the unprecedented sovereign indebtedness in Europe, and contributed to an increased economic and political instability of the EU, particularly in its most vulnerable CEE segment.
So Close, So Different – Regional Rail Transport in Poland, the Czech Republic and Slovakia
Authors: Król Marcin , Taczanowski Jakub
Published: November 2020

The objective of this paper is to present three different models of regional railway passenger transport that emerged in the process of post-communist transition after 1989 in neighbouring countries: Poland, the Czech Republic and Slovakia. After an introduction, the second section of the paper shows the historical, spatial and socio-economic context of the analysis. The three resulting models are presented in the following section. This part of the paper is also devoted to the discussion of the developments, experiences and results obtained in Poland, the Czech Republic and Slovakia. The final section provides conclusions.
Merger Control in Georgia – National Legislation and Case Law Review
Authors: Menabdishvili Solomon
Published: November 2020

Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
Compensation of Damages in Standalone Cases: Lessons to Be Learned from a Case Against a State-owned Telecommunication Company. Case Comment to the Judgment of the Lithuanian Court of Appeal of 3 March 2017 (Case No. e2A-27-464/2017)
Authors: Zaščiurinskaitė Rasa
Published: November 2020

Compensation of Damages in Standalone Cases: Lessons to Be Learned from a Case Against a State-owned Telecommunication Company. Case Comment to the Judgment of the Lithuanian Court of Appeal of 3 March 2017 (Case No. e2A-27-464/2017)
Passing-on of Overcharges and the Implementation of the Damages Directive in CEE Countries
Authors: Moisejevas Raimundas
Published: November 2020

The article focuses on the concept of passing-on of overcharges and the peculiarities of its regulation by the Damages Directive. The Damages Directive obliges Member States to ensure that the defendant in an action for damages may invoke the passing-on defence. Moreover, the Directive establishes the new framework and the main principles that govern the application of the passing-on defence. The national case law on passing-on is very insignificant in Central and Eastern European countries and many questions are expected to be raised in the courts of the CEE Member States. While discussing the concept of passing-on in the Damages Directive, a lot of emphasis should be paid to the issue of causation. Causation will definitely be the subject of most of the questions in cases when an indirect purchaser will bring a claim for damages. Causation may be tricky when an indirect purchaser claims it suffered an ‘overcharge harm’ because of passing-on. In most cases, the issue of causation will be decided mainly by national courts based on national procedural rules. Depending on the situation, passing-on may be used as a basis for the claim (as a ‘sword’) or as a defence (as a ‘shield’). It could be used as a basis for the claim by an indirect purchaser, in case s/he has suffered any harm because of the illegal actions of a cartelist or a dominant company. At the same time, it could be used as a defence by the infringer against a claim for damages. The article also analyses the specifics of the implementation of the Directive into the national laws of CEE Member States.
Effect of National Decisions on Actions for Competition Damages in the CEE Countries
Authors: Pärn-Lee Evelin
Published: November 2020

One of the main objectives of the so-called Damages Directive (2014/104/EU) was to make antitrust enforcement more effective. Although in most EU countries private antitrust enforcement has been possible subject to general rules of civil law; the number of private antitrust litigations has remained relatively low. It is presumed that the complementary roles of public and private enforcement, as well as the synergy between them, will take effect if formal decisions taken during public enforcement will have binding effect with regard to follow-on private litigations. According to the Damages Directive, final national decisions on competition infringements shall have binding effect in follow-on litigations. What is to be understood under ‘binding effect’, and the potential effects thereof, has been subject to a lively debate among academics and practitioners. It has been questioned if decisions of an executive body can bind the judiciary, and if so, to what extent. What is the evidentiary value of a formal decision of a NCA regarding national courts, but also on the court of another Member State. The article deals with the main issues and arguments presented in the general debate on the binding effect of national competition law decisions, and provides a closer look on this topic with regard to specific CEE countries.
Insights from the Slovak Hybrid Mail Services Case. Case Comment to the Judgement of the General Court of 25 March 2015 and Order of Court of Justice of the EU of 30 June 2016 Slovenská pošta v Commission (Cases T-556/08, C-293/15P)
Authors: Kačerauskas Karolis
Published: November 2020

The Slovak hybrid mail services case (or Slovenska posta case) is truly unique in EU jurisprudence. Within the last decade, the European Commission rarely applied Article 106(1) in conjunction with Article 102 TFEU to challenge competition distortions in individual cases. Thus Slovenska posta constitutes one of the rare examples of such enforcement. Slovenska posta also constitutes a very rare example of a judicial review of Commission decisions based on Article 106(1) and 102 TFEU. Slovenska posta is only the second case when European courts were called upon to review the application of Article 106(1) and 102 TFEU by the Commission and the first when the judicial review was conducted over a Commission decision regarding “failure to meet the demand”. Indeed, since 1989–1990 (when the Commission commenced to apply Article 106(1) and 102 TFEU to challenge competition distortions introduced by the Member States) and until 2014, when the Court of Justice adopted its decision in Greek lignite (DEI) case, none of the Commission decisions was reviewed by EU courts. Such lack of appeals resulted in a rather strange situation under which the Commission and CJEU developed their own jurisprudence on the application of Article 106(1) and 102 TFEU and occasionally interpreted the same legal criteria differently. In this regard, a court review in Slovenska posta was eagerly awaited in the hope it would reconcile these diverging positions and provide more clarity on the application of Article 106(1) and 102 TFEU.