bluuebunny/crossref_metadata_2025 huggingface dataset:
Article 105 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 85 EC Without prejudice to Article 104, the Commission shall ensure the application of the principles laid down in Articles 101 and 102. On application by a Member State or on its own initiative, and in cooperation with the competent authorities in the Member States, which shall give it their assistance, the Commission shall investigate cases of suspected infringement of these principles. If it finds that there has been an infringement, it shall propose appropriate measures to bring it to an end.
Chapter 1 Economic Policy
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 120 provides that the MS’ economic policies will be conducted with a view to contributing to the achievement of the objectives of the Union.

Article 121 sets out mechanisms for surveillance of the MS’ economic policies by the Commission and the Council, including...
Article 131 TFEU
Authors: Flynn Leo
Published: March 2021

Article 109 EC Each Member State shall ensure that its national legislation including the statutes of its national central bank is compatible with the Treaties and the Statute of the ESCB and of the ECB.
Article 134 TFEU
Authors: Flynn Leo
Published: March 2021

Article 114 EC In order to promote coordination of the policies of Member States to the full extent needed for the functioning of the internal market, an Economic and Financial Committee is hereby set up.
Chapter 4 Provisions Specific to Member States Whose Currency is the Euro
Authors: Klamert Marcus , Kellerbauer Manuel , Tomkin Jonathan
Published: March 2021

Overview

Article 136 is a specific legal base for legislation covering the MS whose currency is the euro, to increase the coordination and surveillance of their budgetary discipline and to set out economic policy guidelines for them.

Article 137 permits the ministers of the MS...
Title X Social Policy
Authors: Garben Sacha
Published: March 2021

The Title ‘Social Policy’, comprising Articles 151–161 TFEU, provides the legal basis and framework for the EU’s social and labour law and policy. Article 4 TFEU lists ‘social policy, for the aspects defined in this Treaty’ as a competence shared between the EU and the MS, and Article 5 TFEU states that ‘the Union may take initiatives to ensure coordination of Member States’ social policies’. Title X TFEU further defines these powers.
Title XII Education, Vocational Training, Youth and Sport
Authors: Garben Sacha
Published: March 2021

Title XII deals with EU competences in the fields of education, vocational training, youth, and sport. According to Article 6 TFEU, these four areas qualify among those where the EU has the power to ‘support, coordinate or supplement the actions of the Member States’, meaning that the EU’s role is limited to a secondary one and that harmonization of national laws and regulations is excluded. As we shall see, however, this has not prevented a significant amount of European integration taking place in these very areas that are often considered to belong to the core tasks of the nation state.
Article 166 TFEU
Authors: Garben Sacha
Published: March 2021

Article 150 EC The Union shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.
Article 184 TFEU
Authors: Garben Sacha
Published: March 2021

Article 168 EC in implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Union participation.
Article 186 TFEU
Authors: Garben Sacha
Published: March 2021

Article 170 EC To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
Title XX Environment
Authors: Garben Sacha
Published: March 2021

The environment does not respect man-made borders, and is of common concern and interest of all mankind. As such, it is an area that merits and requires cross-border law and policy making par excellence. This should be reflected in the strong role played by the EU, which has a firm Treaty mandate and duty to protect the environment, features a rich body of case law, and boasts a dense set of secondary legislation. The very good reasons for this notwithstanding, it remains a remarkable development considering the absence of any reference to the environment in the original Treaties. Although a programme for action in this area was soon adopted in 1973, only in the 1986 SEA was an environmental legal basis introduced. Much of the initial environmental acquis was therefore developed by the Commission, the Council, and later the EP on the basis of other Treaty provisions, such as (now) Articles 114, 115, and 352 TFEU. EU environmental protection also owes a debt to the ECJ, which included it in the legitimate objectives on the basis of which MS could derogate from the free movement provisions. The Court has interpreted the provisions of EU environmental law generally in a protective manner, and endorsed the use of criminal law for the effective enforcement of EU environmental legislation.
Article 191 TFEU
Authors: Garben Sacha
Published: March 2021

Article 191(1) TFEU provides the objectives of the EU’s environmental policy. These are the preservation, protection, and improvement of the quality of the environment, the protection of human health, the prudent and rational utilization of natural resources, and, in an external dimension, the promotion of international measures to deal with environmental problems. The specific reference to climate was added by the ToL. Not mentioned in the Environment Title, but separately in Article 13 TFEU, the EU, furthermore, expresses a commitment to animal welfare, ‘since animals are sentient beings’, which one could equally consider an aspect of environmental policy.
Article 206 TFEU
Authors: Erlbacher Friedrich , Rusche Tim Maxian
Published: March 2021

Article 131 EC by establishing a customs union in accordance with Articles 28 to 32, the Union shall contribute, in the common interest, to the harmonious development of world trade, the progressive abolition of restrictions on international trade and on foreign direct investment, and the lowering of customs and other barriers.
Article 212 TFEU
Authors: Erlbacher Friedrich
Published: March 2021

Article 181a EC Without prejudice to the other provisions of the Treaties, and in particular Articles 208 to 211, the Union shall carry out economic, financial and technical cooperation measures, including assistance, in particular financial assistance, with third countries other than developing countries. Such measures shall be consistent with the development policy of the Union and shall be carried out within the framework of the principles and objectives of its external action. The Union’s operations and those of the Member States shall complement and reinforce each other.
Article 228 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 195 EC A European Ombudsman, elected by the European Parliament, shall be empowered to receive complaints from any citizen of the Union or any natural or legal person residing or having its registered office in a Member State concerning instances of maladministration in the activities of the Union institutions, bodies, offices or agencies, with the exception of the Court of Justice of the European Union acting in its judicial role. He or she shall examine such complaints and report on them.
Article 236 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

The European Council shall adopt by a qualified majority a decision establishing the list of Council configurations, other than those of the General Affairs Council and of the Foreign Affairs Council, in accordance with Article 16(6) of the Treaty on European Union;
Section 5 The Court of Justice of the European Union
Authors: Schima Bernhard
Published: March 2021

Section 5 of the chapter on the institutions contains the rules on the Court of Justice of the EU. While Articles 251–257 TFEU deal with institutional issues, regarding the members of the Union courts, the procedure before those courts and the overall judicial architecture, Articles 258–280 TFEU confer jurisdiction on the Union courts in various types of disputes and govern the consequences of their decisions. Article 281 TFEU, finally, refers to the Statute being laid down in a separate Protocol.
Article 254 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 224 EC The number of Judges of the General Court shall be determined by the Statute of the Court of Justice of the European Union. The Statute may provide for the General Court to be assisted by Advocates-General.
Article 256 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 225 EC The General Court shall have jurisdiction to hear and determine at first instance actions or proceedings referred to in Articles 263, 265, 268, 270 and 272, with the exception of those assigned to a specialised court set up under Article 257 and those reserved in the Statute for the Court of Justice. The Statute may provide for the General Court to have jurisdiction for other classes of action or proceeding.
Article 268 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 235 EC The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for damage provided for in the second and third paragraphs of Article 340.
Article 272 TFEU
Authors: Schima Bernhard
Published: March 2021

Article 238 EC The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause contained in a contract concluded by or on behalf of the Union, whether that contract be governed by public or private law.
Article 292 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

The Council shall adopt recommendations. It shall act on a proposal from the Commission in all cases where the Treaties provide that it shall adopt acts on a proposal from the Commission. It shall act unanimously in those areas in which unanimity is required for the adoption of a Union act. The Commission, and the European Central Bank in the specific cases provided for in the Treaties, shall adopt recommendations.
Article 302 TFEU
Authors: Klamert Marcus
Published: March 2021

Article 259 EC The members of the Committee shall be appointed for five years The Council shall adopt the list of members drawn up in accordance with the proposals made by each Member State. The term of office of the members of the Committee shall be renewable.
Article 315 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 273 EC If, at the beginning of a financial year, the budget has not yet been definitively adopted, a sum equivalent to not more than one twelfth of the budget appropriations for the preceding financial year may be spent each month in respect of any chapter of the budget in accordance with the provisions of the Regulations made pursuant to Article 322; that sum shall not, however, exceed one twelfth of the appropriations provided for in the same chapter of the draft budget.
Article 322 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 279 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, and after consulting the Court of Auditors, shall adopt by means of regulations:
Article 325 TFEU
Authors: Killmann Bernd-Roland
Published: March 2021

Article 280 EC The Union and the Member States shall counter fraud and any other illegal activities affecting the financial interests of the Union through measures to be taken in accordance with this Article, which shall act as a deterrent and be such as to afford effective protection in the Member States, and in all the Union’s institutions, bodies, offices and agencies.
Article 339 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 287 EC The members of the institutions of the Union, the members of committees, and the officials and other servants of the Union shall be required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy, in particular information about undertakings, their business relations or their cost components.
Article 346 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 296 EC The provisions of the Treaties shall not preclude the application of the following rules.
Article 348 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 298 EC If measures taken in the circumstances referred to in Articles 346 and 347 have the effect of distorting the conditions of competition in the internal market, the Commission shall, together with the State concerned, examine how these measures can be adjusted to the rules laid down in the Treaties.
Title I Dignity
Authors: Lock Tobias
Published: March 2021

The rights guaranteed under this Title relate to the preservation and protection of human dignity. The concept of dignity does not serve merely as the basis for the articles that form part of this Title 1, but has been recognized as a foundation for human rights more generally, including, in particular, equality and anti-discrimination rights.
Article 1 CFR
Authors: Lock Tobias
Published: March 2021

Human dignity is inviolable. It must be respected and protected.
Article 6 CFR
Authors: Lock Tobias
Published: March 2021

Everyone has the right to liberty and security of person.
Article 15 CFR
Authors: Lock Tobias
Published: March 2021

Nationals of third countries who are authorised to work in the territories of the Member States are entitled to working conditions equivalent to those of citizens of the Union.
Article 13 TFEU
Authors: Klamert Marcus
Published: March 2021

In formulating and implementing the Union’s agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.
Article 19 TFEU
Authors: Martin Denis
Published: March 2021

Article 13 EC Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred by them upon the Union, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.
Article 23 TFEU
Authors: Martin Denis
Published: March 2021

Article 20 EC Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall adopt the necessary provisions and start the international negotiations required to secure this protection.
European Neighbourhood Policy
Authors: Vianello Ilaria
Published: March 2021

The European Union officially launched the European Neighbourhood Policy (ENP) in 2003, even if its roots can be traced back to 1997 when the central eastern European enlargement began to gather momentum. Arguably, the policy goes back even further to the EU’s response to the break-up of the former Soviet Union in the early 1990s. At that time, the EU started negotiating the partnership and cooperation agreements with the newly independent states and launched the Barcelona Process with Mediterranean countries in 1995. The Commission dealt separately with the different groups of neighbours (the Eastern and the Southern) until 2002 when, in a strategy paper, it specifically identified the need to establish a new, more coherent approach for all countries concerned. A Commission communication on the new ‘Wider Europe’ policy was published in 2003 and was endorsed by the Council in Thessaloniki in the same year.
The Customs Union
Authors: Gormley Laurence W
Published: March 2021

EU customs law has developed enormously since the entry into force of the Common Customs Tariff on 1 July 1968. The move away from issue-by-issue directives towards more generally applicable regulations heralded greater control at EU level over matters such as inward processing, ensuring more uniformity in the customs territory of the then Community which had started to resemble a Swiss Cheese because of national policies concerned to attract business. The logical next step was the development of a single Community Customs Code, subsequently replaced by the somewhat ill-fated Modernised Customs Code. Both have now been succeeded by the Union Customs Code (UCC). The procedural provisions of the latter have been in force since 30 October 2013, and most of the substantive provisions have applied since 1 May 2016. Three major regulations put flesh on the extensive bones of the UCC: the UCC Delegated Act (UCC-DA); the UCC Implementing Act (UCC-IA), and the UCC Transitional Delegated Act (UCC-TDA). The UCC-DA covers all the matters in respect of which the Commission has been granted delegated powers under the UCC, and the UCC-IA covers all the matters in respect of which the Commission has been granted implementing powers under the UCC.
Development Cooperation and Humanitarian Aid
Authors: Dann Philipp , Wortmann Martin
Published: March 2021

Development cooperation and humanitarian aid constitute central instruments of the European Union’s foreign policy. They help shape the Union’s relation with neighbouring countries, foster ties with traditional and new allies, and advance European interests in the world. They are also central for the Union’s position and visibility in the world, as they inject European ideas into developments around the globe. Ultimately, these policy areas are fundamental for the Union’s self-perception as an increasingly active, value-based, international actor.
The Single European Market in Goods
Authors: Maletić Isidora , Barnard Catherine
Published: March 2021

The focus of this chapter is on the European Union administrative law that has arisen in the specific policy setting of the internal market. The creation of the internal market, which ‘shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured’, is at the heart of the European Union integration project and consequently also of the EU’s administrative network structure. A number of the other chapters that follow in this collection are closely related to the present discussion, either through the specific type of product concerned, or by virtue of exploring a particular policy objective intertwined with the broader framework of the internal market. This chapter concentrates on the internal market and its administration more narrowly understood. Its focus is mainly on the administrative tasks, structures, procedures, and enforcement in the field of product regulation. However, this should not overlook the extent to which the underlying provisions, principles, and practices in this field relate, more widely, to the whole body of EU administrative law.
Transport Policy and Trans-European Networks
Authors: Bieber Roland
Published: March 2021

Transport is one of the foundations of modern society; it is a precondition of a functioning economy and an important economic factor in itself. Transport, by definition, vanquishes space, and hence borders. On the other hand, transport has social implications, and gives rise to secondary effects and to risks in respect of the environment and people’s health. For these and additional strategic reasons, public intervention at national level, on the basis of national criteria and preferences, has a long tradition in the field. Moreover, the notion of transport covers in practice the very wide range of modes: road, inland waterway, rail, sea, and air, with many variations and combinations.
Public Procurement Regulation
Authors: Bovis Christopher H
Published: March 2021

In the European Union, public procurement refers to all contractual relations for supplies, works, and services between public-sector authorities of Member States as well as entities operating as utilities in Member States and the private sector. Public procurement by EU Member States accounts for €1 trillion, representing 20 per cent of the EU gross domestic product (GDP).
Synthesis and Assessment
Authors: Hofmann Herwig C H , Rowe Gerard C , Türk Alexander H
Published: March 2021

As set out in our introductory chapter, this work has been designed as an examination of the diverse forms and structures of administrative law applicable within various, specific areas of European Union policies. Its intention is to allow insight into the administrative implementation of Union policies in parallel with one another, reviewing and reflecting on both the differences and commonalities of approach in the varied policy sectors. The administrative differences between sectors may, in fact, lie simply in the policy-specific search for answers to problems already solved in another context, be the consequence of pure ‘path dependency’, or reflect a carefully designed approach which takes into account existing general legal principles, but does so in applying them to a discrete policy field. The starting assumption of this work was that some elements of Union administrative law are applicable cross-sectorally, but much is particular to individual policy settings. In fact, only relatively little existing EU law of a cross-sectoral kind can serve as an—even nascent—body of coherent, general Union administrative law. Most of the law applicable to the practical implementation of EU policy and its legal embodiment—broadly, the administrative law of the Union—has arisen in policy-specific settings. Perhaps the most widely
Validity
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

Contrary to what is suggested by the chapter’s heading, ‘Validity’, PECL ch 4 does not deal with all the requirements for a contract’s validity but has a rather limited scope of application. This scope is defined negatively by Art 4:101, which excludes invalidity arising from illegality, immorality, and lack of capacity.
Particular Remedies for Non-Performance
Authors: Jansen Nils , Zimmermann Reinhard
Published: March 2021

If a comparative lawyer was asked to draw up a list of problems in which continental and common law systems fundamentally and characteristically diverge, the question of ‘specific performance’, ‘exécution forcée en nature’, or ‘Erfüllungsanspruch’ would probably make one of the top places. Will the law compel a debtor personally to do what he has promised to do? Or will it release him by way of payment of a sum of money? In other words, will the non-performance of a contractual obligation entitle the creditor to request performance in kind or will the creditor be relegated to a claim for damages? The starting points of both systems hardly appear reconcilable.
Cross-Border Transaction Avoidance
Authors: Parry Rebecca
Published: March 2021

Significant differences in format and underlying policies may be noted in transaction avoidance provisions worldwide; indeed varying avoidance provisions are only one aspect of the lack of uniformity in the world’s insolvency laws. These differences may assume great practical importance in the insolvencies of companies or individuals with dealings in more than one country. The insolvency laws of more than one jurisdiction may be invoked: for example, a company may be wound up in more than one country, or enter into concurrent rescue procedures, such as a British administration procedure and a US Chapter 11 procedure. In addition, litigation arising out of the insolvency proceedings may be pursued in more than one country. Recourse to the laws of an overseas jurisdiction may occasionally be had where the laws of the country in which the winding up is being conducted are inadequate to deal with the issues that have arisen.
Non-EU Legal Instruments (EFSF, ESM, AND Fiscal Compact)
Authors: Martucci Francesco
Published: March 2021

‘Another Legal Monster?’ That was the question asked by the Law Department of the European University Institute on 16 February 2012 in a debate about the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG), also known as the Fiscal Compact Treaty. On 2 March 2012, twenty-five Member States of the European Union minus the United Kingdom and the Czech Republic signed the TSCG. A month before, on 2 February 2012, the euro area Member States signed the Treaty Establishing the European Stability Mechanism (ESM Treaty), another legal monster. In both cases, the monstrosity lies in the fact that Member States have preferred to conclude an international treaty, rather than to use the European Union (EU) institutional system. Why did the European Commission not propose a legislative act to establish a financial assistance mechanism in the Eurozone and strengthen the fiscal discipline in the EU? Does this mean the end of community method and a victory for the intergovernmental method? As Herman Van Rompuy commented about the crisis; ‘often the choice is not between the community method and the intergovernmental method, but between a co-ordinated European position and nothing at all’. In 2010, Angela Merkel defended her vision of a new ‘Union Method’ in a speech held at the College of Europe. This approach can be defined by the following description: ‘co-ordinated action in a spirit of solidarity–each of us in the area for which we are responsible but all working towards the same goal’. Each of us means the European institutions and Member States. The new ‘Euro-international’ treaties (or inter se treaties) raise a number of questions regarding their compatibility with EU law, implications for the Union legal system, institutional balance, national sovereignty and democratic accountability. These questions are all the more important because international treaties raise a number of questions on their compatibility with EU law, implications for the Union legal system and institutional balance.
European Contract Law
Authors: Kötz Hein
Published: March 2021

This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond.
The Effect of Unexpected Circumstances
Authors: Kötz Hein
Published: March 2021

This chapter examines what the law says about the effect of unexpected circumstances that occur after the contract has been concluded. A change in circumstances may in some cases make it impossible for the debtor to perform the contract. In other cases the change of circumstances may frustrate the purpose of the contract or make performance so much more difficult or expensive that the two sides of the contract are now quite out of proportion. No such distinction is needed in English law because its doctrine of frustration is applied to both types of cases. This chapter considers the legal solutions to the problem of unexpected circumstances relating to contracts, focusing on French law, German law, and English law as well as international rules.
Sources of English Corporate Insolvency Law
Authors: Anderson Hamish
Published: March 2021

Reference is quite frequently made to the ‘insolvency code’ but this is misleading; there is no codification of English insolvency law which would bear comparison with a civil law code. The term is used colloquially to refer to the general body of insolvency law, covering both personal and corporate insolvency, which derives from a number of different sources. The term is also sometimes used more specifically to refer to the rules dealing with the ranking and priority of creditors.
Liquidation
Authors: Anderson Hamish
Published: March 2021

As Nicholls LJ said in Re Atlantic Computer Systems Plc: The basic object of the winding up process, in the case of an insolvent company, is to achieve an equal distribution of the company’s assets among the unsecured creditors.
Company Voluntary Arrangements
Authors: Anderson Hamish
Published: March 2021

A company voluntary arrangement (CVA) is a procedure under the Act whereby a company and a sufficient majority of its creditors can reach an agreement and thereby contract out of the insolvency rules which would otherwise apply.
Telecommunications Reform in Emerging Markets
Authors: Buckingham Ann , Bustani Camilla , Satola David , Whittfield Cameron
Published: March 2021

For much of the latter half of the twentieth century, the provision of telecommunications services in developing countries was the responsibility of the state. Penetration rates were low, service quality was poor, and the incumbent operator was often unprofitable. Government attempts at improvement focused on securing investment, technical assistance, and financial support. Commencing in the late 1990s, the telecommunications sector in much of the developing world underwent a profound and lasting transformation: governments established new regulatory regimes and institutions, corporatized and privatized their state-owned telecommunications operations, and liberalized markets as part of wide-ranging sector reforms.
The Latham Report and Its Aftermath
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

A graph that indicated the health (and otherwise) of the construction industry in the UK in the twentieth century would make a startling sight: a bewildering series of peaks and troughs that often, but not always, mirrored the wider health of the UK economy. On occasions in the past, many have endeavoured to promote or otherwise help the construction industry, with a record of success that can only be described as mixed. Changing priorities amongst the senior judiciary have not always helped to encourage stability and certainty.
Errors of Law and Fact
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

The starting point for any discussion of this topic is not a case concerned with adjudication at all. In Nikko Hotels (UK) Ltd v MEPC plc, a rent review case, the lease contained a formula for increasing the rent, which necessitated the determination of the average hotel room rate. The independent expert, whose determination of the issue was provided for by the terms of the lease, construed that expression as meaning the average of the published prices at which rooms were said to be available, rather than the average room rate actually achieved. This interpretation of the lease naturally meant that the rate was higher than it would otherwise have been, and the tenants issued an originating summons, alleging that the decision was a nullity because it was based on a misconstruction of the rent review clause.
Article 4(2). Processing
Authors: Tosoni Luca , Bygrave Lee A
Published: March 2021

In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used. The protection of natural persons should apply to the processing of personal data by automated means, as well as to manual processing, if the personal data are contained or are intended to be contained in a filing system. Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation.
Article 11 Processing which does not require identification
Authors: Georgieva Ludmila
Published: March 2021

Article 4(1) (Definition of ‘personal data’); Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 6 (Lawfulness of processing); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Articles 15–20 (Data subject rights) (see too recital 64); Article 24 (Responsibility of the controller); Article 25 (Data protection by design and default) (see too recital 78); Article 32 (Security of processing) (see too recital 83).
Article 13 Information to be provided where personal data are collected from the data subject
Authors: Zanfir-Fortuna Gabriela
Published: March 2021

Article 5(1) (Principle of fairness, lawfulness and transparency); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 15 (Right of access by the data subject); Article 23 (Restrictions); Article 34 (Communication of a personal data breach to the data subject).
Foundations
Authors: Craig Paul
Published: March 2021

The discussion thus far has considered the different ways in which the EU delivers policy. The focus has been on administration and law. In the second part of the book the focus shifts to law and administration, and an evaluation of the judicial doctrine that is of principal significance for EU administration and for the Member States where the latter act within the scope of EU law. It is important to pause and reflect on themes that cut across and are equally pertinent to the analysis of particular aspects of review. This chapter will, therefore, lay the groundwork for the ensuing discussion.
Transparency
Authors: Craig Paul
Published: March 2021

Transparency is an important principle in all democratic polities. The discussion begins by considering the different values served by transparency. The focus then shifts to the status of transparency in the pre-Lisbon world and the way in which the concept was accorded greater prominence in the last decade of the previous millennium. This is followed by consideration of the various ways in which transparency is protected in the Lisbon Treaty. The analysis then turns to examination of an important facet of transparency concerned with access to documents.
Equality
Authors: Craig Paul
Published: March 2021

The previous chapter analysed the role played by rights in the EU legal order and their impact on judicial review. This chapter is concerned with equality and the way in which it has been shaped by Union legislation and the Courts’ jurisprudence. The principle of equality and the prohibition of discrimination are found within a number of Treaty articles, but the ECJ held that these were merely specific enunciations of the general principle of equality as one of the fundamental principles of EU law, which must be observed by any court.
Remedies I: EU
Authors: Craig Paul
Published: March 2021

The discussion in the previous chapters focused on the principles of judicial review applied by the EU Courts. Remedies are an equally important part of administrative law. This chapter and that which follows will consider the remedies available against the EU and the Member States respectively.
Directions and Beddoe Applications
Authors: Weaver Elizabeth
Published: March 2021

The court’s jurisdiction to give directions derives from the long-established jurisdiction of the Chancery courts to execute a trust and supervise its proper administration. Trustees may apply to the court for guidance or authority to take a particular course so that they can carry out their duties properly and without fear of being in breach of trust. Others who are affected by or concerned in the administration of a trust can also apply for directions.
Gibraltar
Authors: Simpson Charles
Published: March 2021

The main statutory provisions in Gibraltar are: the Trustees Act 1895 as amended, which is based on early versions of trust legislation in England and the Trusts (Private International Law) Act 2015 which came into force on 17 September 2015. In addition, Gibraltar is a common law jurisdiction and English common law and the rules of equity are applied in accordance with section 2(1) of the English Law (Application) Act 1962.
Voting
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

The purpose of this chapter is to examine the right of a member to vote at general meetings of a company. When a general meeting of a company has been duly convened and proceeds to transact the business contained in the notice, enfranchised members of the company will be able to vote on the particular resolutions. There are two basic methods by which votes may be cast by members at a general meeting. A vote at a general meeting may be taken on a show of hands, or alternatively, a vote may be conducted by means of a poll. These two well-known methods of voting in relation to companies will be considered in this chapter. In addition, as will be seen, it is now possible for a company to provide in its articles for voting in advance on a poll.
Exercise of Members’ Rights
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

One of the most noteworthy features of modern commerce in the twentieth and twenty-first centuries has been the emergence of the nominee shareholding in large, and in particular, public listed companies. Partly for ease of administration, the clients of banks, brokers and other financial institutions are encouraged to have their share portfolios held on their behalf by nominee companies of the financial institutions. The impact of this structure is such that the nominee company, which may provide a similar service for literally thousands of clients, is the ‘member’ of the company concerned and, under conventional company law and procedure, is the only person entitled to represent the interests of its clients at any general meeting.
Adjournment
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

It is frequently the case that a properly convened general meeting of a company has to be adjourned, in the sense of its proceedings being postponed or deferred to a later time, either on the same day or to a date in the future or indefinitely. The reasons for seeking an adjournment are many and varied and may range from a desire to give more time for consideration of an important matter on the agenda, to a preference for postponing a decision until further facts or information are available for shareholders. It should be noted that there is a difference between an adjourned meeting and one that is abandoned. If a meeting is adjourned, the resumed meeting can only conduct the business not dealt with at the original meeting. If a meeting is abandoned the meeting is concluded and a new meeting will need to be called, at which any business, including anything new and anything which was before the original meeting, can be discussed provided that proper notice is given of the new meeting.
The Client
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

This Chapter attempts to give some guidance to those dealing with a client in a criminal matter. It is intended to be of assistance to those who are embarking upon, or are relatively new to practice, as the matters in this particular Chapter will be familiar to a practitioner with some experience. It is not geared particularly to either barristers or solicitors, but takes certain situations where the tasks to be performed and the instructions to be sought are common to both branches of the profession. For ease of presentation it is presented from the point of view of the defence lawyer, but the points made are easily transferable to those who are representing the prosecution.
Appeals from the Crown Court
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

Appeals against conviction on indictment, against sentence following conviction on indictment, and against sentence passed following committal to the Crown Court for sentence, are all heard in the Criminal Division of the Court of Appeal. Decisions of the Crown Court in matters not relating to trial on indictment (e.g., in disposing of appeals from magistrates’ courts) may be challenged by appealing by way of case stated to a Divisional Court of the Queen’s Bench Division, or by applying for judicial review. Since appeals by case stated and applications for judicial review are chiefly used to correct errors made by magistrates, they are described in Chapter 27. The structure of the criminal appeal system is summarized in Figure 26.1.
Court Review of Decisions
Authors: Lodge Hugo D
Published: March 2021

Prior to the 2018 Act, most sanctions in force in the UK derived from EU law, including sanctions decided at UN level but implemented by EU regulations. Prior to Brexit, UK courts frequently took the view that the correct venue for challenging sanctions was therefore elsewhere, e.g. the EU Courts.
The European Council
Authors: Wessels Wolfgang
Published: March 2021

The European Council is an intriguing institution to study. From the early summits onwards, the heads of state or government prepared and concluded many history-making decisions that shaped the Union’s constitutional and geographic architecture. Since its creation in 1974, the European Council has regularly exercised major functions of system- and policy-making. In this institution, national leaders have agreed on treaty revisions, on accession agreements, and have also acted as the ultimate decision-makers on a state-like agenda of public policies. The European Council’s activities, agreements, and acts have thus dealt with the most contested issues of Europe’s history from the 1970s onwards. Since 2008, the ‘Union’s highest executive leaders’ have once more increased the institution’s authority, using it to react to global financial crises and stabilize the eurozone, as well as to deal with the refugee waves and the Brexit.
The Court Of Justice Of The European Union
Authors: Tridimas Takis
Published: March 2021

The influence of the Court of Justice in the development of EU law has been defining and, in some respects, unprecedented in the history of legal systems. The Court has shaped EU law by establishing the distinct constitutional features of the EU legal order, protecting fundamental rights, defining the internal market, and expanding EU competence. In short, it has had an overwhelming influence in shaping both the economic and the political constitution of the EU. The importance of the judiciary in the development of EU law is not accidental. It has been the result of treaty design, judicial behaviour, and the cooperation of political actors. From its inception, the project of European integration was based on grand objectives, the adoption of framework treaties, and the establishment of new institutions, including an independent court. Treaty design facilitated institutional empowerment and favoured ‘integration through law’ as the underlying narrative. From an early stage, the Court saw itself as the exponent of the normative foundations of integration as a process of catharsis emerging from the ideology of nationalism that led to the Second World War. By establishing direct effect, the Court essentially abolished the state monopoly to grant rights, thereby creating a nascent
The Institutional Structure
Authors: Ramopoulos Thomas
Published: March 2021

The external relations of the Union span a broad spectrum, from external competences in ‘Community’ areas to external aspects of internal ‘Community’ competences and the Common Foreign and Security Policy (CFSP), which includes the Common Security and Defence Policy (CSDP). There is an overarching institutional architecture governing the external relations of the Union, but at the same time, depending on whether the competence at issue falls within the CFSP or the non-CFSP policies, different institutions assume different roles. It is for this reason that, although Part III of this volume has already examined the institutional framework of the EU legal order as a whole, it is analytically necessary to revisit the institutional architecture of EU external relations in particular, before delving in the following chapters of this Part into specific issues relevant to the actions of the Union and its Member States abroad. The remainder of this introduction serves as a short overview of developments in the constitutional history of the Union that determined the current legal and political outlook of the EU external relations institutional architecture.
Mixed Agreements: The EU Law Fundamentals
Authors: Heliskoski Joni
Published: March 2021

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union
France (‘.fr’)
Authors: Taylor David
Published: March 2021

For a trade mark to enjoy protection in France, two substantive requirements must be met: first, the trade mark must be capable of being represented graphically, and secondly, the trade mark must be capable of distinguishing the products or services of a natural or legal person.
Greece (‘.gr’)
Authors: Chronopoulos Apostolos
Published: March 2021

Both natural and legal persons have the right to use a name so as to identify themselves in the field of their social and economic activity. The right to use such a name is protected by virtue of Articles 57 to 59 Greek Civil Code, which provide for personality rights and the right to bear a given name.
The Republic of Korea (‘.kr’)
Authors: Nahm Ho-Hyun
Published: March 2021

Trademark rights in Korea are based on registration. The Trademark Decree was promulgated in 1908 and the Trademark Act was firstly enacted and enforced on November 28, 1949. Since that time, the Trademark Act has been amended 39 times, with the most recent amendment on June 11, 2014 (this amendment took effect as of June 11, 2014). The Trademark Act is composed of ten chapters divided into General Provisions, Requirements and Application for Trademark Registration, Examination, Trademark Registration Fees and Trademark Registration, Trademark Rights, Protection of Owners of Trademark Rights, Trial, Retrial and Litigation, International Application under the Protocol, and Supplementary Provisions.