bluuebunny/crossref_metadata_2025 huggingface dataset:
Outcomes and Risk Factors of Septic Shock in Patients With Infective Endocarditis: A Prospective Cohort Study
Authors: Pericàs Juan M , Hernández-Meneses Marta , Muñoz Patricia , Álvarez-Uría Ana , Pinilla-Llorente Blanca , de Alarcón Arístides , Reviejo Karlos , Fariñas M Carmen , Falces Carlos , Goikoetxea-Agirre Josune , Gálvez-Acebal Juan , Hidalgo-Tenorio Carmen , Gómez-Nebreda Eloy , Miro Jose M
Published: March 2021

Background

Little is known about the characteristics and impact of septic shock (SS) on the outcomes of infective endocarditis (IE). We aimed to investigate the characteristics and outcomes of patients with IE presenting with SS and to compare them to those of IE patients with sepsis (Se) and those with neither Se nor SS (no-Se-SS).

Methods

This is a prospective cohort study of 4864 IE patients from 35 Spanish centers (2008 to 2018). Logistic regression analyses were performed to identify risk factors for SS and mortality.

Results

Septic shock and Se presented in 597 (12.3%) and 559 (11.5%) patients, respectively. Patients with SS were younger and presented significantly higher rates of diabetes, chronic renal and liver disease, transplantation, nosocomial acquisition, Staphylococcus aureus, IE complications, and in-hospital mortality (62.5%, 37.7% for Se and 18.2% for no-Se-SS, P < .001). Staphylococcus aureus (odds ratio [OR], 1.94; 95% confidence interval [CI], 1.34–2.81; P < .001), Gram negative (OR, 2.21; 95% CI, 1.25–3.91; P = .006), nosocomial acquisition (OR, 1.44; 95% CI, 1.07–1.94; P = .015), persistent bacteremia (OR, 1.82; 95% CI, 1.24–2.68; P = .002), acute renal failure (OR, 3.02; 95% CI, 2.28–4.01; P < .001), central nervous system emboli (OR, 1.48; 95% CI, 1.08–2.01; P = .013), and larger vegetation size (OR, 1.01; 95% CI, 1.00–1.02; P. = 020) were associated with a higher risk of developing SS. Charlson score, heart failure, persistent bacteremia, acute renal failure, mechanical ventilation, worsening of liver disease, S aureus, and receiving aminoglycosides within the first 24 hours were associated with higher in-hospital mortality, whereas male sex, native valve IE, and cardiac surgery were associated with lower mortality.

Conclusions

Septic shock is frequent and entails dismal prognosis. Early identification of patients at risk of developing SS and early assessment for cardiac surgery appear as key factors to improve outcomes.
Resolution and Insolvency of Banks and Financial Institutions
Authors: Schillig Michael
Published: March 2021

This book provides a detailed analysis and critical assessment of the EU and US resolution regimes for banks and financial institutions on a comparative basis. The book analyses the EU legal framework under the Bank Recovery and Resolution Directive, and considers the challenges in national implementation through the two largest economies within the EU, Germany and the UK. The very influential laws of the US, (Securities Investor Protection Act 1970, and the Wall Street Reform and Consumer Protection Act: Dodd-Franck) are used as a comparative reference point. Through analysis of the new EU framework and of the more mature system in the US, the book considers whether and to what extent the EU framework and national regimes contribute to ensuring resolvability of financial institutions, how their efficacy may be increased with a view, in particular, to the resolution of cross border groups, and what the future may hold, especially in respect of a single European resolution authority.
Private Sector Transfer, Bridge Bank, and Asset Separation
Authors: Schillig Michael
Published: March 2021

The assisted transfer of the viable parts of a failing institution’s business to a private sector purchaser, or the temporary transfer to a bridge bank, are well-tested bank resolution tools. The same is true for the ‘good bank/bad bank’ model, where performing assets are separated from non-performing assets and the latter are parked in a separate entity until market conditions have stabilized. This chapter analyses the European legal framework for the sale of business, bridge bank, and assets separation tools, as well as their implementation in the UK and Germany. The experience with similar tools under the US FDIC receivership regime for depository institution and their extension under Title II of the Dodd–Frank Act will be used as a comparative reference point.
Personal injury losses
Authors: Burrows Andrew
Published: March 2021

Personal injury includes disease and physical illness as well as, for example, cuts, bruises, broken bones, loss of limbs or loss of the use of limbs, blindness, deafness, and brain damage. Recognised psychiatric illnesses are included. Damages have also been awarded for the physical and mental effects of a rape or sexual assault.
European Union Design Law
Authors: Stone David
Published: March 2021

Over ten years after the beginning of the Community Registered Designs system of the European Union (EU), the Office for Harmonization in the Internal Market (OHIM) and European courts continue to grapple with many of the new legal concepts introduced, making this a complex and fluctuating area of law. This new edition of the highly-respected English-language text offers a concise, accessible and highly readable volume covering the complete design law of the European Union. It offers a concise history of the legislation's development and aims, tracing the introduction of fundamental changes to the protection of industrial and ornamental designs throughout the EU. This is followed by a detailed and comprehensive examination of the interpretations provided by OHIM, the Court of Justice and General Court, and the Community Design Courts of EU Member States. The book quotes primary legal provisions in context, supported by extensive citation of case law from the Court of Justice, OHIM and many European jurisdictions. Chapters cover topics including the definition of terms, the system of courts and tribunals with jurisdiction for Community design disputes, overlap with other intellectual property rights, exclusions from protection, the right to the Community design, interpreting designs, disclosure, invalidity of prior design and novelty arguments, the procedure of OHIM, infringement and applicable defences, jurisdictional issues, and the Design Directive. European Union Design Law: A Practitioners' Guide is an essential reference text for practitioners throughout the European Union and beyond.
Infringement
Authors: Stone David
Published: March 2021

Actions for infringement lie at the heart of European Union design law (including national (and Benelux) registered design law under the Directive). In order to provide the ‘enhanced protection’ required by Recital 7 of the Regulation, courts must be willing to find infringement of valid design rights—why else provide for them?
Preliminary Considerations
Authors: Riordan Jaani
Published: March 2021

This chapter discusses five issues which commonly arise before the commencement of proceedings in disputes involving internet intermediaries. Broadly, these issues relate to the identification and selection of proper defendants, access to sources of information about online wrongdoing, and the taking of appropriate pre-action measures which may remove or reduce the need for litigation. Additionally, this chapter introduces several tools which practitioners may find useful in detecting and monitoring online wrongdoing.
Copyright
Authors: Riordan Jaani
Published: March 2021

Copyright, it is said, is one of the great balancing acts of the law. The rights it confers embody the basic tension between encouraging optimal creation and consumption of works; their boundaries reflect delicate compromises between creators, consumers, disseminators, and many other interest groups. These conflicts are exemplified in the enforcement of copyright against internet intermediaries. Copyright owners assert that almost one-quarter of global internet traffic, 80 per cent of YouTube videos, and 97 per cent of BitTorrent transmissions infringe their copyrights. Although the prevalence of unauthorised content appears to be declining with the growth of legitimate services, digital piracy remains widespread. The services responsible for routing, storing, and processing these data deny responsibility for policing infringements, citing the impracticability of monitoring and their inability to adjudicate claims of infringement, while internet users fear disproportionate interferences with privacy, internet access, and innovation.
European Union Trade Mark Law
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

Trade mark law at the European Union (EU) level has developed following two parallel paths. One led to the harmonization of disparate national systems of trade mark protection; the other to the creation of a ‘federal’ trade mark right, unitary in nature and effective throughout the territory of the European Union. The aim of this chapter is to describe briefly the destinations reached by the ‘harmonization’ and the ‘federal’ paths.
Formalities and the Definition of Goods and Services
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

This chapter is the first of a series of three that will examine the jurisprudence of the Court on formalities and specification (Chapter 4), on absolute grounds for refusing registration (Chapter 5), and on acquired distinctiveness through use (Chapter 6), as a means of of overcoming some of the objections discussed in Chapters 4 and 5.
Distinctiveness Acquired Through Use
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen
Published: March 2021

Trade marks that are not inherently distinctive or that are descriptive or generic may nevertheless be registered if they have, as a result of the use that has been made of them, acquired distinctiveness, or what is called in US American trade mark law, ‘secondary meaning’. The legal basis for this basis for registration is found in Article 3(3) of the Directive and in Article 7(3) CTMR.
Trustee Decision Making
Authors: Ashdown Michael
Published: March 2021

The book provides analysis of the principal rules of trust law which control the exercise of powers and discretions by trustees. The primary focus is on the principle known as "the Rule in Re Hastings-Bass", and this is considered alongside the doctrines of fraud on a power and mistake. This is the first book-length treatment focussed on this specific aspect of trust law, and in particular the first on the Rule in Re Hastings-Bass, which is the subject of much professional and academic interest especially following consideration by the Supreme Court in Pitt v Holt and Futter v Futter [2013] UKSC 26. Whilst considering Pitt and the Rule in Re Hastings-Bass alongside mistake and fraud on a power, the book also explains how these doctrines interact, and how the law regulates trustee decision-making as a whole. It sets out examples and considers extensive practical problems, allowing the reader to understand not only the core trust law rules, but also the broader consequences of those rules which arise in real cases. This aspect of trust law is of great practical importance for practitioners as it arises frequently in the context of trust litigation, and in advising trustees and beneficiaries of their rights and obligations. The newly settled state of the law after Pitt will encourage reliance on the Re Hastings-Bass and mistake rules by practitioners in challenges to trustees' conduct and decisions. This book equips all involved with the key principles and arguments in this area.
The Present Law
Authors: Ashdown Michael
Published: March 2021

The starting point for any consideration of the Re Hastings-Bass rule must now be the Pitt v Holt and Futter v Futter litigation, which culminated in the 2013 decision of the Supreme Court in both cases. The judgment of Lord Walker is the leading exposition of the rule, and is likely to remain so for some time. However, it is not helpful to read Lord Walker’s judgment in isolation. At first instance both Pitt v Holt and Futter v Futter were decided on the basis of law which seemed then to be well settled and entirely orthodox. However, unlike in any of the Re Hastings-Bass rule cases which preceded them, Her Majesty’s Revenue and Customs played an active role in the proceedings, and after the taxpayer succeeded at first instance in each case, obtained permission to appeal to the Court of Appeal. The present state of the law owes its shape largely to the judgment in that court of Lloyd LJ, in the first appellate decision on the Re Hastings-Bass rule, which reformulated the rule so as to accord with important principles of English equity and trusts concerning the relationship between trustees and beneficiaries, and the supervision of the court.
Problems and Issues
Authors: Ashdown Michael
Published: March 2021

Arguably the most practically important aspect of the Supreme Court’s decision in Pitt v Holt is Lord Walker’s treatment of reliance by trustees on professional advisers, endorsing Lloyd LJ’s approach in the Court of Appeal. In broad terms, a trustee who takes and acts on apparently trustworthy professional advice does not commit a breach of duty, even if the advice turns out to be wrong.
Poland
Authors: Barłowski Michał
Published: March 2021

The information and opinions contained in this chapter are not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and author bear no responsibility for any errors or omissions contained therein.
Trusts without Equity
Authors: Panico Paolo
Published: March 2021

The focus is intentionally on ‘jurisdictions that do not know equity’ but have statutory or judicial mechanisms to enforce trusts, either foreign trusts or home-grown arrangements. ‘Jurisdictions that do not know equity’ is a distinct concept from ‘non-trust jurisdictions’. In fact, this chapter explores the methods by which jurisdictions that do not include equity in their legal systems can recognize, enforce, and practise trusts.
Directors’ Powers and Responsibilities
Authors: Goodison Adam
Published: March 2021

This chapter deals with the management of the company by its directors, acting collectively if there is more than one director. It is concerned with the directors’ authority under the constitution, the company’s capacity to transact business and the way it does so.
General Duties of Directors
Authors: Arnold Mark
Published: March 2021

The general duties owed to a company by its directors are to be found in Part 10, Chapter 2 of the Companies Act 2006. Their codification followed the recommendation of the Law Commission and the Scottish Law Commission in their report in 1999,which itself was but the latest in a distinguished line of reports spanning the previous 100 years, most of which had recommended the introduction of a statutory statement of directors’ duties in one form or another,And several previous attempts to do so, each of which had been unsuccessful.As explained by Lord Goldsmith, the Attorney General, the purpose of codification is ‘to make what is expected of directors clearer and to make the law more accessible to them and to others’..
Duty To Promote The Success of The Company
Authors: Arnold Mark , Haywood Marcus
Published: March 2021

Where to the extent that the purposes of the company consist of or include purposes other than the benefit of its members, subsection (1) has effect as if the reference to promoting the success of the company for the benefit of its members were to achieving those purposes.
Civil Penalties for Market Abuse
Authors: Davis Glen , Amey Robert
Published: March 2021

The English law of market abuse has a long history. As early as 1285, brokers required a license to practise in the City of London. By the late seventeenth century, London was home to well-developed spot and futures markets, and the mis-selling of securities to unsophisticated investors was rife. The preamble to a statute of 1697 complained that certain traders had ‘unlawfully combined and confederated themselves together to raise or fall from time to time the Value of … Stock and Bank Bills’. This was injurious not only to the individuals deceived, but to market confidence generally.
The Law and Practice of Restructuring in the UK and US
Authors: Mallon Christopher , Waisman Shai Y , Schrock Ray C
Published: March 2021

This second edition provides updated and practical analysis of restructuring under English and New York Law. Since the publication of the previous edition, certain areas of restructuring law have received particular attention. Waivers, amendments, and standstills, and in particular “snooze and lose” and “yank the bank” provisions have continued to develop in the last five years as well as other refinements from the US which are being increasingly used in Europe. The mechanisms for giving effect to debt compromise arrangements, either through Schemes of Arrangement or chapter 11 pre-packs, have also developed significantly on recent years. There has been a great deal of debate surrounding restructuring and insolvency law in Europe following the recast EC Regulation on Insolvency Proceedings and further developments in various European jurisdictions. The second edition has been thoroughly updated to cover these, and all other major developments in the field to provide a complete and up-to-date guide to restructuring on both sides of the Atlantic. This work provides detailed analysis of areas associated with company restructures including tax and shareholder claims, employee and trade union matters, and pension scheme issues. Additionally the new edition features new or developed chapters on key areas of practical development such as private equity’s role in restructuring and specific issues relating to financial institutions, energy, property, airlines and shipping. With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance, and insolvency practitioners and their clients, and both financial institutions and companies looking to restructure debt, and global accountancy firms and law and business schools worldwide.
Exhaustion of the rights conferred by a European patent with unitary effect
Authors: Busche Jan
Published: March 2021

The rights conferred by a European patent with unitary effect shall not extend to acts concerning a product covered by that patent which are carried out within the participating Member States in which that patent has unitary effect after that product has been placed on the market in the Union by, or with the consent of, the patent proprietor, unless there are legitimate grounds for the patent proprietor to oppose further commercialisation of the product.
Article 8 Licences of right
Authors: Tilmann Winfried
Published: March 2021

Art 43 CPC contained a comprehensive provision on licences of right comprising six paragraphs. These paragraphs provided for a reduction in renewal fees (para 1), withdrawal of the statement on licensing (para 2), exclusion of the statement on licensing if an exclusive licence was recorded in the Register or a request for recording such licence was filed with the Register (para 3), entitlement to use (para 4), determination and modification by the EPO, and non-recording of an exclusive licence (para 5) as long as the statement is valid (para 6).
Cooperation between the Commission and the EPO
Authors: Tilmann Winfried
Published: March 2021

The Commission shall establish a close cooperation through a working agreement with the EPO in the fields covered by this Regulation. This cooperation shall include regular exchanges of views on the functioning of the working agreement and, in particular, on the issue of renewal fees and their impact on the budget of the European Patent Organisation.
Training framework
Authors: Büttner Tilmann
Published: March 2021

The training framework is a completely new instrument designed to improve the quality of the Court’s jurisdiction not only through preparatory training but also on a permanent basis after a judge has been appointed.
Electronic procedures
Authors: Tilmann Winfried
Published: March 2021

The Court shall make best use of electronic procedures, such as the electronic filing of submissions of the parties and stating of evidence in electronic form, as well as video conferencing, in accordance with the Rules of Procedure.
Other language arrangements
Authors: Keussen Christoph , Tilmann Winfried
Published: March 2021

Para 1 deals with the question of translations, ie the language of documents in the written procedure.
Article 71 Legal aid
Authors: Gundt Miriam
Published: March 2021

A party who is a natural person and who is unable to meet the costs of the proceedings, either wholly or in part, may at any time apply for legal aid. The conditions for granting of legal aid shall be laid down in the Rules of Procedure.
Article 80 Publication of decisions
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

The Court may order, at the request of the applicant and at the expense of the infringer, appropriate measures for the dissemination of information concerning the Court’s decision, including displaying the decision and publishing it in full or in part in public media.
Article 82 Enforcement of decisions and orders
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Without prejudice to this Agreement and the Statute, enforcement procedures shall be governed by the law of the Contracting Member State where the enforcement takes place. Any decision of the Court shall be enforced under the same conditions as a decision given in the Contracting Member State where the enforcement takes place.
Entry into force
Authors: Tochtermann Peter
Published: March 2021

Art 24(3) VCLT stipulates that the provisions of a treaty regulating the authentication of its text, establishing the consent of states to be bound by the treaty, the manner or date of its entry into force, reservations, the functions of the depositary, and other matters necessarily arising before entry into force of the treaty apply from the time of the adoption of its text.
Appointment of the members of the Advisory Committee
Authors: Tochtermann Peter
Published: March 2021

To guarantee equal representation of each Member State’s interests, each CMS proposes a member with expertise in patent matters to become a member of the Advisory Committee. It is the objective of the Advisory Committee to support the members of the Administrative Committee to appoint suitable judges and admit those who are suitably qualified (Art 48 UPC) as well as advising on setting up the training framework. As the members of the Administrative members are not necessarily experienced in patent law, it is of the utmost importance that the Member States only appoint patent experts with the highest recognized competence.
Decision by default
Authors: Tochtermann Peter
Published: March 2021

Art 37 UPC Statute permits the UPC to handle its proceedings effectively and without unnecessary delay and helps to avoid delaying tactics by the parties. The Statute and the Rules of Procedure are built on the principle that the parties have to make complete submissions and may not engage in delaying tactics. Therefore, the Court may act on a failure to file written submissions in defence after having been served (→ Rules 276 and 277) with a document instituting proceedings or with an equivalent document or summon the party to appear at the oral hearing.
Party and party’s representative
Authors: Tilmann Winfried
Published: March 2021

Pursuant to Art 48(1) UPCA, parties must be represented by lawyers authorized to practise before a court of a CMS. Parties may, pursuant to Art 48(2) UPCA, alternatively be represented by a European Patent Attorney who is entitled to act as a professional representative before the EPO pursuant to Art 134 EPC and who has appropriate qualifications such as a European Patent Litigation Certificate.
Stages of the proceedings (inter partes proceedings)
Authors: Tilmann Winfried
Published: March 2021

Pursuant to Art 52(1) UPCA, proceedings before the Court consist of a written, an interim, and an oral procedure, in accordance with the Rules of Procedure. All procedures are organized in a flexible and balanced manner. Rule 10 sets out these procedural stages again in lits a–c and adds in lits d and e the procedure for an award of damages and the cost procedure.
Examination as to formal requirements of the Statement of claim
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 16 UPCARoP gives the Registry the task of examining compliance with the formal requirements in the Statement of claim while at the same time defining the chronological order in which such examination is performed. The examination ensures compliance with the principle of expediting the proceedings already enshrined as a principle in the Preamble to the UPCA (‘expeditious decisions’). Compliance with the principle of flexibility, likewise laid down in the Preamble to the Rules of Procedure, is also thereby ensured. This principle also means that the Court must manage the proceedings in an active and efficient manner. In Art 43 UPCA, such active case management by the Court is expressly codified. Pursuant to Art 41(3), the Rules of Procedure have to ensure that the proceedings are conducted in the most efficient and cost-effective manner. The anticipated examination of the formal requirements as a first step ensures the effective conduct of proceedings because the formal requirements can be satisfied subsequently after a corresponding request by the Court. The examination of whether an EP is the subject matter of an opt-out ensures that during the transitional period the Court system desired and/or chosen by the proprietor is appropriate to hear the case
Contents of the Statement of defence
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 24 UPCARoP is the counterpart to Rule 13 and defines in detail the necessary contents of the Statement of defence in the infringement action. Rule 24 relates only to the contents of the Statement of defence as a response to the Statement of claim. Where the defendant wishes to lodge a Counterclaim for revocation together with the Statement of defence, the further necessary elements are set out separately in Rule 25 (→ Rule 25 UPCARoP). The purpose of the detailed requirements is to prevent lodging an incomplete Statement of defence that would result in the proceedings being delayed.
Examination as to formal requirements of the Statement of defence
Authors: Plassmann Clemens , Steininger Steffen
Published: March 2021

Rule 27 UPCARoP is the counterpart to Rule 16 (examination as to formal requirements of the Statement of claim) and codifies an examination duty of the Registry with regard to the form requirements of the Statement of defence. This advance examination of certain form requirements ensures, as required by Art 41(3) UPCA, efficient and cost-effective case management and serves to safeguard the acceleration (‘expeditious decisions’) enshrined in the Preamble to the UPCA. Paras 2–5 set out the procedure in the case of deficiencies and serve to draw the defendant’s attention to the imminent consequences thereof. For details, → Rule 16 UPCARoP.
Lodging of the Defence to revocation
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

The defendant must lodge a Defence to revocation within two months of service. Service is governed by Rules 270–279. The calculation of time periods is set out in Rules 300 and Rule 301.
Reply to Defence to revocation
Authors: Faehndrich Martin , Klicznik Alexander , Tilmann Max
Published: March 2021

Within two months of service of the Defence to revocation the claimant may lodge a Reply to the Defence to revocation together with any Defence to an Application to amend the patent pursuant to Rule 43.3 and 55 as well as any Defence to the Counterclaim for infringement pursuant to Rule 56.1, if applicable.
Preliminary remarks on Rules 85–98
Authors: Kuczera Markus
Published: March 2021

The following Rules 85–98 UPCARoP form a separate sixth section in Chapter 1 of Part 1 of the Rules of Procedure. This reflects the fact that these Rules relate to a special type of action which stands autonomously alongside an infringement action (Section 1), a revocation action (Section 2), an action for declaration of non-infringement (Section 3), actions within Art 33(5) and (6) UPCA (Section 4), and action for compensation for licences on the basis of Art 8 EPUE Reg (Section 5).
Rule 96: Lex specialis for the oral procedure (ex parte procedure)
Authors: Kuczera Markus
Published: March 2021

If there is no oral hearing, Rule 117 applies. According to this Rule, the panel can take a decision based on the records, ie on the basis of the written submissions of the claimant, the EPO, and, if applicable, the comments of the President of the EPO pursuant to Rule 94 as well as the evidence submitted in writing.
Rule 114 Adjournment where the Court considers that further evidence is required
Authors: Tochtermann Peter
Published: March 2021

By supplementing Rule 113.1, pursuant to which the oral hearing must be held within one day, Rule 114 makes clear that an oral hearing may be adjourned and continued in exceptional circumstances to call for further evidence which is necessary to decide the case. That Rule, however, is not only applicable in the event of further evidence needing to be taken but also where a party has to be given an opportunity to address aspects of the case which have come to light during the course of the oral hearing and which are decisive, and where it was not acceptable for that party to react on the spot. For example, where further research needs to be carried out. Thus, Rule 114 aims to ensure the parties’ right to be heard.
Rule 131 Contents of the Application for the determination of damages
Authors: Steininger Steffen
Published: March 2021

The provision informs the applicant about the necessary contents of the application and thereby serves to prevent errors at the stage of lodging the application. The requirements in para 1 are intended to ensure service on the parties and allocation to the corresponding action on the merits.
Rule 137 Reply of the unsuccessful party
Authors: Steininger Steffen
Published: March 2021

Rule 137 indicates the possible options of how the unsuccessful party may react to an Application for the determination of damages. It can either accept (para 1) or contest (para 2) the claim made in the application. The Rule provides legal certainty by indicating the options and fixing time periods for the further procedure.
Rule 141 Contents of the Request to lay open books
Authors: Steininger Steffen
Published: March 2021

Section 2 (Rules 141–143) contains provisions for the Request to lay open books. The Rules implement and specify the Court’s power to order the communication of information as stipulated in Art 67 UPCA. Art 67(1)(a) UPCA provides for the communication of information on the origin and distribution channels of the infringing products or processes. Further, the Court may, according to Art 67(1)(b), order the infringer to inform the applicant of the quantities as well as the price obtained. The wording of Art 67 does not include the communication of costs and profits. Rule 191 UPCARoP, however, allows the Court to order the unsuccessful party in its decision on the merits to communicate not only the quantities and prices but also all other information on facts such as the extent of advertising and, in particular, the costs and profit.
Further procedure
Authors: Plassmann Clemens , Dold Dennis
Published: March 2021

The judge-rapporteur may request the applicant to provide written evidence of all costs requested in Rule 151(d). The judge-rapporteur shall allow the unsuccessful party an opportunity to comment in writing on the costs requested including any item of costs that should be apportioned or borne by each party in accordance with Article 69(1) to (3) of the Agreement.
Means of evidence and means of obtaining evidence
Authors: Ahrens Hans-Jürgen
Published: March 2021

Rule 170 UPCARoP contains an indicative list of admissible means of evidence. It is much more extensive than the ZPO, which provides for five means of evidence under the law governing admissible evidence (Strengbeweisrecht). Unlike under the ZPO, the list has no significance for the fact that the rules on obtaining evidence are listed separately.
Offering of evidence
Authors: Ahrens Hans-Jürgen
Published: March 2021

A party making a statement of fact that is contested or likely to be contested by the other party shall indicate the means of evidence to prove it. In case of failure to indicate the means of evidence regarding a contested fact, the Court shall take such failure into account when deciding the issue in question.
Order for inspection
Authors: Ahrens Hans-Jürgen
Published: March 2021

The Court may, on a reasoned request by a party, order an inspection of products, devices, methods, premises or local situations in situ. For the protection of confidential information the Court may order that any of the above be disclosed only to certain named persons and subject to appropriate terms of non-disclosure in accordance with Article 58 of the Agreement.
Rule 210 Oral hearing
Authors: von Falck Andreas , Dorn Stephan
Published: March 2021

The date for the oral hearing will be set as soon as possible after the date of receipt of the application for provisional measures. There is no fixed time limit for summoning the parties to the oral hearing; however, there must be sufficient time for the opponent to engage a lawyer and to prepare his defence. This is a requirement of fair and equitable proceedings (Art 42(2) UPCA) and of the fundamental right to be heard (Art 56(2) UPCA).
Rule 231 Designation of the judge-rapporteur
Authors: Büttner Tilmann
Published: March 2021

Apart from the considerable relevance that the person of the judge rapporteur has for the decision on the merits, he is also responsible for the formal decisions and directives that guide the proceedings and that could possibly influence the proceedings in a decisive manner. First, the judge rapporteur has a duty to conduct the preliminary examination of the Statement of grounds of appeal according to Rule 233. In that respect, he has not only the competence for the preliminary decision whether the Statement of grounds of appeal contain sufficient reasons to provide a basis for the appeal, but he also is the one member of the panel who gains a first impression of the Statement of grounds of appeal. Secondly, pursuant to Rule 232 the judge rapporteur has the authority to decide at his own discretion whether to order the appellant to lodge translations if the language of proceedings is to be changed.
Rule 234 Challenge to the decision to reject an appeal as inadmissible
Authors: Büttner Tilmann
Published: March 2021

When an appeal has been rejected as inadmissible by the judge rapporteur pursuant to Rule 233.2, the appellant loses his legal remedy without having obtained a decision by the Court of Appeal on the merits of the action. In order to give the appellant another chance to reach a decision on the merits, and since the rejection of the appeal as inadmissible clearly shortens the proceedings, Rule 224 as an exception paves the way for a legal remedy against a previous decision of the Court of Appeal, which amounts to a legal remedy against a decision on a legal remedy. The further legal remedy is decided by the competent panel.
Rule 247 Fundamental procedural defects
Authors: Dorn Stephan
Published: March 2021

Rule 247 regulates in more detail the ground for rehearing pursuant to Art 81(1)(b) UPCA: a fundamental procedural defect. It enumerates (but not exclusively) fundamental procedural defects which may be a ground for an application for rehearing.
Suspensive effect
Authors: Tilmann Winfried
Published: March 2021

Rule 252 provides that an application for rehearing will not have suspensive effect unless the Court of Appeal decides otherwise. It corresponds almost verbatim to the second clause of Art 81(2) UPCA.
Assignment of Application for rehearing to a panel
Authors: Tilmann Winfried
Published: March 2021

Rule 254.1 provides that the Registry, immediately after the Application for rehearing has been recorded in the register, will serve a copy of the Application for rehearing on all other parties and will inform the President of the Court of Appeal that a request for rehearing has been lodged.
Rule 260 Examination by the Registry of its own motion
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Where the Registry notes that two or more actions concerning the same patent or patents are initiated before several divisions (whether or not between the same parties), it shall as soon as practicable inform the divisions concerned.
Rule 271 Service of the Statement of claim
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

Pursuant to para 1, electronic service requires that: (1) the document to be served is stored on a data carrier; and that (2) an electronic address for service has been notified by the defendant (for which no obligation exists). If an electronic address has been notified, electronic service is the priority type of service. This results from para 4 according to which other types of service can only be used as a second best type of service. By that rule of priority, the principle of Art 44 UPCA to make best use of electronic procedures is realized. Electronic form is not mandatory for service but is mandatory for filing pleadings and documents on the part of the parties (Rule 4).
Rule 276 Service of orders and decisions
Authors: von Falck Andreas , Stoll Christian
Published: March 2021

With regard to the service of decisions and orders, para 1 refers to Rules 270–275 which apply to service on all parties on the opposite side of the service, including interveners (Rules 313–317). Refer to the respective parts of the commentary. The date of service of decisions is relevant for the beginning of the time periods for lodging an appeal and the grounds of appeal (Rule 224).
Application by one party to use the language in which the patent was granted as language of the proceedings
Authors: Keussen Christoph
Published: March 2021

An application pursuant to Art 49(5) UPCA and Rule 323 UPCARoP may be lodged by any party to proceedings before a local or regional division. Unlike in the procedure pursuant to Art 49(3) UPCA, Rule 321 does not require any prior consultation with or agreement of the parties since in this case the application is unilateral. An intervener is not entitled to a right of application pursuant to Art 49(5) UPCA.
Decision by default (Court of Appeal)
Authors: Chakraborty Martin , Dormann Verena
Published: March 2021

Rule 357 clarifies that the Court of Appeal can render decisions by default. The provision adjusts Rules 355 and 356 to the purposes of a decision by default and the application to set it aside to the requirements of the second instance. This enables the Court of Appeal to ensure expedited appeal proceedings by enforcing the parties’ duty to participate in the proceedings.
Recovery
Authors: Plassmann Clemens
Published: March 2021

If an applicant has succeeded in the proceedings and the Court has ordered the opposing party or another party (other than the applicant) to refund the cost of legal aid granted to the applicant (Rule 118.5), such other party pursuant to the first sentence must refund to the Court any payment advanced to the applicant.
Article 60 TFEU
Authors: Tomkin Jonathan
Published: March 2021

Article 53 EC The Member States shall endeavour to undertake the liberalization of services beyond the extent required by the directives issued pursuant to Article 59(1), if their general economic situation and the situation of the economic sector concerned so permit.
Article 71 TFEU
Authors: Kellerbauer Manuel
Published: March 2021

Article 36 TEU A standing committee shall be set up within the Council in order to ensure that operational cooperation on internal security is promoted and strengthened within the Union. Without prejudice to Article 240, it shall facilitate coordination of the action of Member States’ competent authorities. Representatives of the bodies, offices and agencies of the Union concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.
Article 82 TFEU
Authors: Bogensberger Wolfgang
Published: March 2021

Article 31 TEU Judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgments and judicial decisions and shall include the approximation of the laws and regulations of the Member States in the areas referred to in paragraph 2 and in Article 83.
Title VI Transport
Authors: Rusche Tim Maxian
Published: March 2021

The title ‘Transport’, comprising Articles 90–100 TFEU, has historically been one of the three ‘common’ policies of the EEC, together with the Common Agricultural Policy (CAP) and the Common Commercial Policy.
Article 97 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 77 ECCharges or dues in respect of the crossing of frontiers which are charged by a carrier in addition to the transport rates shall not exceed a reasonable level after taking the costs actually incurred thereby into account.
Article 101 TFEU
Authors: Meeßen Gero
Published: March 2021

Article 81 EC The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market.
Article 107 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 87 EC Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.
Article 109 TFEU
Authors: Rusche Tim Maxian
Published: March 2021

Article 81 EC The Council, on a proposal from the Commission and after consulting the European Parliament, may make any appropriate regulations for the application of Articles 107 and 108 and may in particular determine the conditions in which Article 108(3) shall apply and the categories of aid exempted from this procedure.
Article 130 TFEU
Authors: Flynn Leo
Published: March 2021

Article 108 EC When exercising the powers and carrying out the tasks and duties conferred upon them by the Treaties and the Statute of the ESCB and of the ECB, neither the European Central Bank, nor a national central bank, nor any member of their decision-making bodies shall seek or take instructions from Union institutions, bodies, offices or agencies, from any government of a Member State or from any other body. The Union institutions, bodies, offices or agencies and the governments of the Member States undertake to respect this principle and not to seek to influence the members of the decision-making bodies of the European Central Bank or of the national central banks in the performance of their tasks.
Article 135 TFEU
Authors: Flynn Leo
Published: March 2021

Article 115 EC For matters within the scope of Articles 121(4), 126 with the exception of paragraph 14, 138, 140(1), 140(2), first subparagraph, 140(3) and 219, the Council or a Member State may request the Commission to make a recommendation or a proposal, as appropriate. The Commission shall examine this request and submit its conclusions to the Council without delay.
Article 142 TFEU
Authors: Flynn Leo
Published: March 2021

Article 124(1) EC Each Member State with a derogation shall treat its exchange-rate policy as a matter of common interest. In so doing, Member States shall take account of the experience acquired in cooperation within the framework of the exchange-rate mechanism.
Article 160 TFEU
Authors: Garben Sacha
Published: March 2021

Article 144 EC The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission.
Title XI The European Social Fund
Authors: Flynn Leo
Published: March 2021

The European Social Fund (ESF) provides financial support to MS for action that increases the employability of existing and potential workers. It is now one of the Structural Funds and is, apart from the rules on eligibility of actions, governed by provisions that are common to those Funds. The ESF is an important complement to the TFEU provisions on social policy, since it allows the Union institutions actively to shape the priorities addressed by MS.
Article 164 TFEU
Authors: Flynn Leo
Published: March 2021

Article 148 EC The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt implementing regulations relating to the European Social Fund.
Article 175 TFEU
Authors: Flynn Leo
Published: March 2021

Article 159 EC Member States shall conduct their economic policies and shall coordinate them in such a way as, in addition, to attain the objectives set out in Article 174. The formulation and implementation of the Union’s policies and actions and the implementation of the internal market shall take into account the objectives set out in Article 174 and shall contribute to their achievement. The Union shall also support the achievement of these objectives by the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund), the European Investment Bank and the other existing Financial Instruments.
Chapter 2 Specific Provisions on the Common and Foreign Security Policy
Authors: Ramopoulos Thomas
Published: March 2021

CFSP came a long way to be included for the first time by the ToL in a single structure together with the rest of Union external policies and internal policies with an external dimension. Its predecessor, the European Political Cooperation (EPC) was established in the 1970s following the so-called Davignon Report of 1970, which called for cooperation in the field of foreign policy. EPC lay outside the institutional framework of the then European Communities. The SEA of 1986 introduced it in primary EU law.
Article 194 TFEU
Authors: Garben Sacha
Published: March 2021

In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States. Such measures shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).
Article 195 TFEU
Authors: Garben Sacha
Published: March 2021

The Union shall complement the action of the Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector.
Article 243 TFEU
Authors: Loewenthal Paul-John
Published: March 2021

Article 210 EC The Council shall determine the salaries, allowances and pensions of the President of the European Council, the President of the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, the Members of the Commission, the Presidents, Members and Registrars of the Court of Justice of the European Union, and the Secretary-General of the Council. It shall also determine any payment to be made instead of remuneration.