bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rejection of Complaints
Authors: Kellerbauer Manuel , Pablo Alfonso Lamadrid de 
Published: January 2022

Abstract
This chapter examines the rejection of complaints. Procedures can be commenced by a formal complaint. It is also possible that the European Commission initiates a procedure ex officio with regard to conduct that is the subject of a complaint at a later stage. In both cases, the procedure may conclude as requested by the complainants with a decision finding an infringement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), or else with a rejection of the complaint. In some cases, a procedure to establish the existence of an infringement following a complaint may give rise to a decision rendering commitments binding pursuant to Article 9 of Regulation 1/2003, a finding of inapplicability decision pursuant to Article 10 Regulation 1/2003, or possibly an informal settlement between the undertakings complained of and the Commission, as a consequence of which the complainant may be discontented if the result does not, or does not fully, respond to their concerns. In these cases, a rejection of the complaint is also necessary where the complainant continues to pursue their complaint. The procedure for the rejection of complaint should then be done in parallel with the Article 9 or Article 10 of the decision procedure.
Steps Following the Adoption of a Formal Decision.
Authors: Jörgens Konstantin , Blanco Luis Ortiz 
Published: January 2022

Abstract
This chapter assesses the steps following the adoption of a formal decision. The European Commission's activity does not cease with the adoption of formal decisions in matters referred to it for examination. In all such cases, the Commission monitors developments in order to ensure that the requirements of its decisions are complied with. In the case of infringement decisions, with the exception of purely declaratory decisions without pecuniary penalties, the Commission collects the fines and checks that its notices and orders, and the undertakings' obligations under its decision, are complied with. Files may be closed either because the matter has been disposed of formally by means of a decision or because the matter at issue is regarded by the Commission as no longer of importance at any stage of the procedure. The chapter then discusses the court proceedings concerning the application of EU competition law. Commission decisions in antitrust cases are subject to judicial review by the EU Courts.
Directives Under Article 106(3)
Authors: Sierra José Luis Buendía 
Published: January 2022

Abstract
This chapter explores the directives under Article 106(3) of the Treaty on the Functioning of the European Union (TFEU). In order to fulfil the task of guardian that Article 106(3) TFEU entrusts to the European Commission, this institution has the power to address, ‘where necessary’, not only decisions but also directives to Member States. The two possible functions of directives under Article 106(3) TFEU are the creation of additional but accessory obligations, and the ‘specifying’ of the obligations under the Treaty. The former function means that directives under Article 106(3) may impose upon Member States certain additional obligations to the extent that these are intended to facilitate the Commission's task of ensuring Article 106(1) is respected. The other possible function of the Article 106(3) directives is that of specifying the obligations under the Treaty. These two dimensions mean that the Commission enjoys a certain degree of rule-making power, although this is subject to strict limits. The aim of the two recognized functions of the directives under Article 106(3) is to prevent future infringements.
Prior Control of New Notified Aid
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca 
Published: January 2022

Abstract
This chapter examines the concept of ‘new aid’. Article 1(c) of the Procedural Regulation defines new aid as ‘all aid, that is to say, aid schemes and individual aid, which is not existing aid, including alterations to existing aid’. All measures to grant or alter aid must therefore be considered to be new aid, and their compatibility with the internal market should be checked by the European Commission before they can be granted. New aid has to be notified to the Commission before being granted. The Member States are also bound to submit any ‘plans to alter aid’ for a preliminary review by the Commission. When an aid scheme has been approved by the Commission, this approval covers future applications of that scheme, which do not therefore have to be examined afresh by the Commission. In its scheme approval decision, however, the Commission is entitled to make an exception to that rule and expressly lay down that certain cases of application should still be notified individually on the basis of Article 108(3) TFEU.
Implementation of the Commission’s Decisions
Authors: Keppenne Jean Paul , Caviedes Carlos Urraca 
Published: January 2022

Abstract
This chapter assesses the implementation of the European Commission's decisions on aid schemes. Article 26 of the Procedural Regulation requires Member States to submit to the Commission annual reports on all existing aid schemes with regard to which no specific reporting obligations have been imposed in a conditional decision. Where, despite a reminder, the Member State concerned fails to submit an annual report, the Commission may propose appropriate measures with regard to the aid scheme in question. In addition, where the Commission has serious doubts as to whether decisions not to raise objections, positive decisions, or conditional decisions with regard to individual aid are being complied with, the Member State concerned, after having been given the opportunity to submit its comments, shall allow the Commission to undertake on-site monitoring. There are several options open to the Commission when it finds that one of its decisions has not been fully complied with. First, it can bring the matter directly before the European Court of Justice (ECJ) by applying for a declaration that such payment amounts to an infringement committed by the State. It may also initiate the formal examination procedure to examine the misuse of aid by the Member State. And finally, it may decide to block all new aid to a given undertaking on the grounds of past failures to recover incompatible aid from the same undertaking.
European Economic Area Competition Procedure
Authors: Beal Kieron 
Published: January 2022

Abstract
This chapter explores the general structure of the competition provisions and procedure, including the rules on State aid—applicable under the Agreement on the European Economic Area (EEA Agreement). The European Free Trade Association (EFTA) was established in 1960 by Austria, Denmark, Norway, Portugal, Sweden, Switzerland, and the United Kingdom. Its goal was to reduce or remove import duties, quotas, and other obstacles to trade in Western Europe and to uphold liberal, non-discriminatory practices in world trade. EFTA membership served as a platform for EFTA members to negotiate a specific agreement with Member States of the European Community for an extension of the internal market to those countries. The resultant EEA Agreement came into force on 1 January 1994. The EEA Agreement is an international treaty that is considered to be sui generis and which contains a distinct legal order of its own. The Agreement, whilst falling short of a customs union, has created the world's largest integrated economic area. The chapter then describes the substantive competition rules under the EEA Agreement, the procedure to be followed in their application, and the allocation of jurisdiction between the EU Commission and the EFTA Surveillance Authority (ESA) in that application.
EU Competition Arbitration
Authors: Blanke Gordon 
Published: January 2022

Abstract
This concluding chapter discusses the role of arbitration as an alternative means of dispute resolution in the private enforcement of EU competition law. Arbitration is a private dispute resolution mechanism based on a contractual agreement between the parties, i.e. the arbitration agreement. Usually, apart from being private, arbitration proceedings are strictly confidential, thus protecting arbitrating parties from adverse publicity, which, in competition arbitration more specifically, may prevent an adverse impact on consumer behaviour and hence an unforeseen distortion of existing trade patterns. Depending on the parties' agreement, the proceedings may be institutional or ad hoc. Depending on the subject matter of the arbitration, the parties are free to choose an arbitrator or an arbitration tribunal with the requisite expertise and relevant experience in the industry sector concerned. This may be of particular importance in EU competition arbitration to the extent that an accurate definition of the product and geographic markets as well as the evaluation of economic evidence may require some form of pre-experience. The environment of private enforcement created by the modernization of EU competition law through the adoption of Regulation 1/2003 has also produced a positive impact on EU competition arbitration. The decentralization of the enforcement of EU competition law away from the public authorities to private actors implies by definition a more pronounced role for arbitration in the private enforcement of EU competition law.
Authorization and Supervision of Crowdfunding Service Providers
Authors: Louisse Marije , Pasaribu Adam 
Published: January 2022

Abstract
This chapter discusses the provisions of the Crowdfunding Regulation governing the new authorisation for crowdfunding service providers to provide crowdfunding services in the EU. It elaborates on the crowdfunding services that may be provided and the scope of the authorisation, the authorisation process, and the cross-border provision of crowdfunding services. In addition, the chapter looks at the supervision by the competent authorities, including the exercise of supervisory powers and powers to impose sanctions, and the obligations of the crowdfunding service provides towards competent authorities. Ultimately, the authorisation and supervision framework in the Crowdfunding Regulation is clearly inspired by MiFID II. The chapter then assesses how the authorisation for crowdfunding service providers contributes towards market access for crowdfunding service providers under other EU and national law instruments.
Civil and Commercial Jurisdiction in Crowdfunding-Related Litigation
Authors: Ortolani Pietro 
Published: January 2022

Abstract
This chapter reviews the allocation of court jurisdiction in the EU, for crowdfunding-related litigation. Importantly, the Crowdfunding Regulation allows the cross-border provision of crowdfunding services, but does not include any heads of jurisdiction for civil disputes arising out of such provision of services. In the absence of any relevant rules in the new Regulation, the allocation of jurisdiction among Member State Courts is regulated by the Brussels I bis Regulation. However, the recent case-law of the CJEU casts significant doubts as to whether the Brussels regime is indeed adequate to deal with this type of cases, also in light of the multiplication of available fora it potentially entails. The chapter applies the existing rules of EU civil procedure to the phenomenon of crowdfunding, assessing which national courts may be competent to hear disputes arising out of services and investments covered by the Crowdfunding Regulation.
The Use of Force after the UN Charter
Authors: Clapham Andrew 
Published: January 2022

Abstract
This chapter begins with the prohibition on the use of force contained in the UN Charter in 1945. It explores what constitutes as an illegal use of force under the UN Charter, looking at the exceptions to the prohibition, use of force in self-defence, authorization by the UN Security Council, and intervention by invitation. There is an examination of what constitutes a war of aggression and the crime of aggression. The Chapter ends with a consideration of the claim that force can be used for the purpose of humanitarian intervention.
War Powers in National Law
Authors: Clapham Andrew 
Published: January 2022

Abstract
This chapter looks at the War Powers Resolution, passed by the US Congress in the wake of the conflict in Viet Nam. It considers its application in recent years with regard to Kosovo, Libya and Yemen. There is a consideration of how similar legislation or traditions contain the Executive from using force abroad in states such as the United Kingdom and Japan. The Chapter then considers measures taken in time of War in the United States and the United Kingdom which relate to the internment of enemy aliens, trading with the enemy, and the denial of access to the courts by such enemy aliens. The Chapter ends with an examination of the law on treason in various states and the requirement under some laws that certain forms of treason require a formal State of War.
Warfare – the Conduct of Hostilities
Authors: Clapham Andrew 
Published: January 2022

Abstract
This chapter recounts how the law of armed conflict is seen as broken into what was known as Hague law and Geneva law. The Hague law covered the means and methods of warfare or the conduct of hostilities, while the Geneva law was said to be for the protection of the victims of war. It reviews claims that the laws of war entitle an individual to kill members of the enemy's armed forces as an exercise of the law of war authority or justified as a lawful act of war. The chapter challenges the assumption that international law or the 'law of war' authorizes in broad terms lethal force as a matter of first resort against an identified enemy. It highlights how the battlefield killing of a state’s soldiers in international armed conflict war by the armed forces of another state cannot be tried as murder as those who engage in such killings enjoy combatant immunity before the courts of the other state. Captured soldiers are interned as prisoners of war. In non-international armed conflict the situation is more complex as it is not always clear who can be targeted and who loses their protection as a civilian by directly partipating in hostilities. The chapter considers that the principle of necessity operates as a further restraint on violence. The Chapter ends with a description of which weapons are prohibited in times of armed conflict and explains that shortening a war can not justify massive aeriel bombardment of civilian areas or the use weapons of mass destruction.
Accountability for Violations of the Laws of War
Authors: Clapham Andrew 
Published: January 2022

Abstract
This chapter covers the trials and convictions of leaders for crimes against peace in Nuremberg and Tokyo after the Second World War. It also examines the reparations regimes set up with regard to Iraq in 1991 and the Eritrea-Ethiopia conflict in 1998. The chapter explains how the crime of aggression operates in the Statute of the International Criminal Court. It describes possibilities to demand various forms of accountability for breaching other rules of international law that are considered war crimes, crimes against humanity or genocide. There is an almost complete listing of war crimes as well as an explanation of the significance of some war crimes being grave breaches of the Geneva Conventions and Protocol I. The Chapter ends with a look at other forms of accountability beyond criminal prosecution, including the use of belligerent reprisals.
Ristau's International Judicial Assistance
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
Today’s legal practitioners who deal with cross-border disputes in civil and commercial matters work in an increasingly complex transnational legal environment. This book provides up-to-date background, explanations, and practical guidance on how to deal with the most important challenges and recent developments in the field, including choice of forum, choice of law, service of process, proof of foreign law, taking of evidence, and enforcement of judgments. A major focus is on the mechanisms for international judicial assistance, in particular those provided by regional and international arrangements such as the Hague Conventions on service, evidence, Apostilles, choice-of-court agreements and the enforcement of judgments, as well as the regional arrangements within the OAS and the EU. The book builds on Bruno Ristau’s classic multi-volume work International Judicial Assistance, updating its discussions of service of process and the taking of evidence, supplementing comparative background material, and adding several chapters to cover a more complete span of litigation topics and provide the practical guidance today’s practitioners need to navigate the field of international civil litigation.
Choice of Forum
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
A critical decision in transnational commercial deals involves determining where any disputes that arise will be resolved. This chapter reviews and assesses the relative merits of the alternatives, including litigation in domestic courts (with differing national approaches to jurisdiction) or in the relatively new international commercial courts, in international commercial arbitration, in investor-state dispute settlement fora, or in international mediation. It addresses the nature, function, and enforceability of contractual forum selection clauses (including under the 2005 Hague Choice of Court Convention), the problems of parallel proceedings in competing national jurisdictions, and the special challenges of litigating against foreign states and their entities in U.S. courts under the Foreign Sovereign Immunities Act.
Service of Process
Authors: Stewart David P , Bowker David W 
Published: January 2022

Abstract
Different domestic legal systems have different and sometimes incompatible rules for formally notifying parties of a particular legal proceeding or related event. This chapter reviews the differences in rules for “service of process” across national boundaries and the methods for resolving the resulting conflicts, in particular through such “international judicial assistance” conventions as the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. After a brief comparative introduction and a review of relevant U.S. rules and procedures, this chapter describes methods for accomplishing service despite differences in national rules, for example, through the Hague Service Convention, the 1979 Inter-American Convention on Letters Rogatory, or the European Union’s service rules. It also describes issues and evolving rules regarding service by email and other electronic methods.
Individual element sensitivity for stellar evolutionary isochrones
Authors: Worthey Guy , Shi Xiang , Pal Tathagata , Lee Hyun-chul , Tang Baitian 
Published: January 2022

ABSTRACT
Stellar evolution calculations with variable abundance ratios were used to gauge the effects on temperatures, luminosities, and lifetimes in various phases. The individual elements C, N, O, Mg, Si, and Fe were included. Most of the effect relevant to integrated light models is contained in the temperature variable, as opposed to the time-scale or luminosity. We derive a recipe for including abundance-sensitive temperature effects that is applicable to existing isochrone grids. The resultant enhanced isochrones are incorporated into composite stellar population models and compared with galaxy data from the Sloan Digital Sky Survey. A severe oxygen–age degeneracy is apparent, 2–3 Gyr per 0.1 dex in [O/R], where R represents a heavy element such as Fe. Over the range of early-type galaxy velocity dispersion, the spans of all abundance ratios are reduced but the age range increases and becomes systematically older. Allowing Fe-peak elements the freedom to vary accentuates this increase of age span. Overall, these results sharpen the age–mass correlation known as downsizing but decrease the steepness of abundance ratio gradients. Both of these observations, in turn, imply a more robust contribution from gas-free mergers in the histories of typical elliptical galaxies.
Updated modelling and refined absolute parameters of the oscillating eclipsing binary AS Eri
Authors: Lampens P , Mkrtichian D , Lehmann H , Gunsriwiwat K , Vermeylen L , Matthews J , Kuschnig R 
Published: January 2022

ABSTRACT
We present a new study of the Algol-type eclipsing binary system AS Eri based on the combination of the MOST and TESS light curves and a collection of very precise radial velocities obtained with the spectrographs HERMES operating at the Mercator telescope, La Palma, and TCES operating at the Alfred Jensch telescope, Tautenburg. The primary component is an A3 V-type pulsating, mass-accreting star. We fitted the light and velocity data with the package phoebe, and determined the best-fitting model adopting the configuration of a semi-detached system. The orbital period has been improved using a recent (O-C) analysis and the phase shift detected between both light curves to the value 2.6641496 ± 0.0000001 d. The absence of any cyclic variation in the (O-C) residuals confirms the long-term stability of the orbital period. Furthermore, we show that the models derived for each light curve separately entail small differences, e.g. in the temperature parameter Teff,2. The high quality of the new solutions is illustrated by the residuals. We obtained the following absolute component parameters: L1 = 14.125 L⊙, M1 = 2.014 M⊙, R1 = 1.733 R⊙, log g1 = 4.264, L2 = 4.345 L⊙, M2 = 0.211 M⊙, R2 = 2.19 R⊙, log g2 = 3.078 with Teff,2/Teff,1 = 0.662 ± 0.002. Although the orbital period appears to be stable on the long term, we show that the light-curve shape is affected by a years-long modulation which is most probably due to the magnetic activity of the cool companion.
An analytical, fully relativistic framework for tidal disruption event streams in Schwarzschild geometry
Authors: Dittmann Alexander J 
Published: January 2022

ABSTRACT
We present an analytical and fully relativistic framework for studying the self-intersection of tidal disruption event (TDE) streams, restricting ourselves to the Schwarzschild spacetime. By taking advantage of the closed-form solution to the geodesic equations in the Schwarzschild metric, we calculate properties of the self-intersection without numerically evaluating the geodesic equations or making any post-Newtonian approximations. Our analytical treatment also facilitates geometric definitions of the orbital semimajor axis and eccentricity, as opposed to Newtonian formulas which lead to unphysical results for highly relativistic orbits. Combined with assumptions about energy dissipation during the self-intersection shock, our framework enables the calculation of quantities such as the fraction of material unbound during the self-intersection shock, and the characteristic semimajor axes and eccentricities of the material that remains in orbit after the collision. As an example, we calculate grids of post-intersection properties in stellar and supermassive black hole (SMBH) masses for disruptions of main-sequence stars, identifying regions where no material is ejected during self-intersection (e.g. SMBH mass $\lesssim 5\times 10^6\, {\rm M_\odot }$ for $1\, {\rm M_\odot }$ stars disrupted at the tidal radius), potentially explaining the TDEs observed by SGR/eROSITA that are visible in X-rays but not optical wavelengths. We also identify parameters for which the post-intersection accretion flow has low eccentricity (e ≲ 0.6), and find that the luminosity generated by self-intersection shocks only agrees with observed trends in the relationship between light curve decay time-scales and peak luminosities over a narrow range of SMBH masses.