bluuebunny/crossref_metadata_2025_split huggingface dataset:
BGH, Urteil vom 20.10.1999 — Orient-Teppichmuster — Zur Frage der Irreführenden Gestaltung Einer Werbebeilage
Authors: Koppensteiner Hans-Georg , Paz García Rubio María 
Published: April 2022

The decision of the German Federal Supreme Court was based on the following set of facts:
The defendant was a sole trader in Berlin selling carpets and carpeting. As an insert in a Berlin newspaper he distributed the brochure “Fantastic Choice of Chinese carpets”. On page 4 of this, under the heading “consistent good value”, carpets with Persian patterns were pictured which bore descriptions such as “K. Medaillon-Moud”. “K. Birdjend” or “K. Herati”. The carpets concerned were machine made. The claimant, an association with legal personality, established in order to oversee compliance with the rules relating to unfair competition, considered that this advertisement was misleading and sought an injunction. As the basis for this it was alleged that the format of the brochure and the lay-out of the advertising would lead the reader to think, in the absence of any express reference to the fact that the carpets concerned were woven, that hand-knotted oriental carpets were being advertised.
The courts at first and second instance allowed the claim for an injunction, but the Federal Supreme Court dismissed it. In substance the reason for this was that, in answering the question whether advertisements or leaflets conveyed a misleading impression, reference was not to be made to the passing consumer when the goods concerned were not without some value and were reasonably durable (here: carpets). The standard of care of the averagely well-informed and sensible average consumer, whose level of comprehension was decisive, depended on the situation in question. Furthermore, the expressions “passing” and “sensible” were not mutually exclusive. The reader of the advertising brochure in question, who was interested in the acquisition of a carpet, would also read the explanations in small print under each picture, and therefore would not be misled into thinking that an original oriental carpet was being advertised.
The following authors examine the decision from the point of view of Spanish and Austrian law.
How Substantial Is Substance? Concluding Reflections on the Study of Substance in EU Democracy Promotion
Authors: Schimmelfennig Frank 
Published: April 2022

These concluding reflections deal with three arguments that could be put forward against the research agenda of this special issue: that substance is either trivial or non-existent or not consequential. The article argues that, whereas substance has clearly been shown to be non-trivial, the 'substance of substance' and its effects are open issues. It also suggests areas for further research: subtypes of liberal democracy and alternative templates such as democratic governance, the inputs and processes that generate the substance of democracy promotion, and the link between substance and instruments. The contributions to this special issue tackle an important dimension of EU democracy promotion. As Anne Wetzel and Jan Orbie rightly point out in their introductory article, research on EU democracy promotion has focused predominantly on strategies and instruments, on the one hand, and effects and results, on the other. Substance has mainly played a role with regard to the consistency, or rather inconsistency, of EU democracy promotion but has not been an important research area in its own right. This special issue goes a long way in filling this gap. By disentangling the broad notion of democracy according to several partial regimes and by studying the content of EU democracy promotion at the level of regions and even individual countries, the contributors provide a nuanced and differentiated picture of what the EU promotes.
Non-Parliamentary Diplomacy: The European Parliaments Diplomatic Mission to Ukraine
Authors: Romanyshyn Iulian , Redei Lorinc 
Published: April 2022

While today we associate Ukraine with conflict and occupation, the period preceding the Maidan protests saw the European Union use a peaceful but peculiar diplomatic instrument to pressure the country’s leaders: shuttle diplomacy by an informal group called the Cox-Kwasniewski mission. This mission was launched not by the European External Action Service, or the European Commission, but rather the European Parliament (EP). Composed of a former EP President and a former Polish President, it visited Ukraine 27 times, eased the conditions and even obtained the release of political prisoners, and pushed the Ukrainian government to adopt a series of legal reforms. This article argues that this instance of the European Parliament (EP) participating in EU foreign policy nevertheless cannot be called parliamentary diplomacy. In fact, its limited successes stemmed from the deliberately unparliamentary characteristics of the mission. It was not a complement to a higher-level, executive-to-executive diplomatic initiative. It lacked transparency and accountability. And it did not rely on parliamentary procedures – or even parliamentarians at all. Rather, it is an example of the EP engaging in non-parliamentary diplomacy – an aspect of its influence and participation in EU foreign policy that is likely to increase in the near future.
Non-governmental Search and Rescue Operations in the Mediterranean: Challenge or Opportunity for the EU?
Authors: Irrera Daniela 
Published: April 2022

The article analyses the development of Search and Rescue (SAR) Operations in the Central Mediterranean by NGOs as a controversial but efficient practice and aims to discuss its impact on states’ and EU performances in coping with the migrant and refugee crisis. Using empirical data provided by the Italian Coast Guard from 2014 to 2018, it focuses on these questions: Are non-governmental SAR operations at sea becoming a civilian practice to be associated with governmental ones? Can the consolidation of such practice impact (complement) governmental and intergovernmental policies? It is divided into three parts. First, civil society organizations, and specifically NGOs, are analysed within the theoretical studies on migration, to stress their roles and approaches and to understand their relevance. Second, the recent use of SAR operations at sea by NGOs to rescue people in the Mediterranean are discussed as a complementary tool to governmental one. Their potentiality to become more than a temporary solution and instead to constitute an innovative and consolidated practice of ‘non-governmental SAR operations’ is assessed. Last, empirical data are used to evaluate the perception of such practice and to discuss its political and social legitimation.
Civil Society Versus the State. The Case of Morocco
Authors: Mouna Khalid 
Published: April 2022

The process of democratization in Morocco has confronted political and economic challenges. Civil society has recently become very active in Moroccan society, operating in all sectors and starting from the paradigm of human rights. However, this civil society faces two major difficulties. The first is intrinsic to its existence, because it lacks resources and professionalism; whereas the second difficulty lies in the nature of power and its centralization, as central power is obsessed by co-optation of political actors and actors from civil society. Thus political actors and social activists must start from consensus as a prerequisite and avoid anything that could challenge the political system. This leaves little room for a genuine democratic process and is the context that the EU enters as an external player. Its presence is perceived as ambivalent, even neocolonial; its practices are not seen as supportive of the local fight for democracy, but as a source to use by emerging players, which is evidence of the competition for resources among the different actors in Morocco’s political system.
Morocco, society, law, authoritarianism
Ten Years Into the Arab Uprising: Images of EU’s Presence, Practices, and Alternatives in the Mediterranean Space
Authors: Huber Daniela 
Published: April 2022

Ten years into the Arab uprisings, how is the EU perceived in the Mediterranean region in terms of its democracy and human rights agenda? Based on a systematic inquiry into images of EU presence and practices through 144 recursive multi-stakeholder consultations with mainly civil society and grassroots actors in Morocco, Tunisia, Lebanon, Egypt and Europe, we found that the EU presence is described as invisible, incoherent, preferable to other powers, ambivalent, unresponsive, ineffective, divisive, and even neocolonial. Its practices appear as depoliticizing, securitizing, and technocratic. While it is not seen as a model in the region, no new model is emerging. However, ideas for alternatives exist, namely embracing the local struggle for democracy, taking account of human security needs on all shores of the Mediterranean, and investing into a new two-way relationship where all voices matter equally.
European Union, Arab countries, external perceptions, non-Eurocentric, alternatives
The EU After Brexit: A Weaker or Stronger International Actor?
Authors: Gstöhl Sieglinde 
Published: April 2022

The withdrawal of the United Kingdom (UK) from the European Union (EU) has often been interpreted as yet another recent crisis with detrimental effects on the EU’s global image and role. Is the EU likely to be a weaker international actor as a result of Brexit? Drawing on actorness and role theory, this article argues that despite the UK’s departure and the uncertainty surrounding the nature and scope of the future EU–UK relationship, the EU, who remains a relevant player in world affairs, may even become a stronger international actor. Although the UK’s departure shrinks the EU’s overall resources, it opens also new opportunities for it to acquire additional capabilities and to conceive novel roles. This is partly due to a confluence of developments not directly related to Brexit, in particular the United States’ foreign policy under President Trump and the assertive great-power politics of both China and Russia. As a result, the EU’s international role of market and normative power is likely to develop a stronger security dimension with a more geopolitical approach.
actorness, Brexit, China, development policy, European Union, role theory, security policy, trade policy, United States
Reassessing External Images of the EU: Evolving Narratives in Times of Crisis
Authors: Lucarelli Sonia , Chaban Natalia 
Published: April 2022

The past decade has challenged the EU and its international image. The Eurozone sovereign debt crisis, the Ukraine crisis, the so-called irregular migration crisis and the Covid-19 pandemic have all put the EU under severe strain. This article explores if and how the EU’s performance in such crises has impacted upon the external image of the EU. The analysis shows that external images have closely followed the EU’s actual performance, although filtering it through the powerful lenses of local and regional concerns and sensibilities. While some traditional images have proved to be resilient in the longer run (as in the case of the EU as an economic powerhouse or a frequently divided community), others have been severely weakened by the EU’s crisis responses (such as the EU as a bastion of human rights). Our findings contribute to the discussion on the public diplomacy and information strategy of the European External Action Service (EEAS) in shaping locally-resonating positive images of the EU worldwide.
external images of the EU, multiple crises of the EU, EU public diplomacy
Crisis and Differentiation in the CFSP: Leaders, Laggards and Critical Junctures
Authors: Riddervold Marianne , Bosilca Ruxandra-Laura 
Published: April 2022

This article explores the relationship between exogenous crises and internal, formal differentiated integration in the European Union (EU) maritime foreign and security policy. Drawing on institutionalist concepts and the analytical framework in the Introduction, we argue that crises may serve as drivers of uniform rather than differentiated integration in policy areas dominated by dissent or differing needs and interests. Specifically, crises mark ‘critical junctures’ that open windows of opportunity for EU integration supporters (‘leaders’) to convince reluctant states (‘laggards’ and ‘disruptors’) to pursue further integration. To substantiate these theoretical assumptions, the article explores two case studies of integration where Member States were unlikely to agree to joint measures. The first case examines the launch of the EU anti-smuggling mission EUNAVFOR MED Sophia in response to the refugee crisis in the Mediterranean, while the second case looks at the EU’s joint actions against Turkish natural gas exploitation in Greek and Cypriot sovereign waters. Both cases use process tracing to show how, in the face of exogenous crises, ‘leaders’ in maritime foreign and security policy successfully exploited windows of opportunity to persuade formerly reluctant EU Member States to adopt common measures (This article is an output of the EUFLEX project, which has been funded by the Research Council of Norway, project number 287131).
crisis, differentiated integration, European Union (EU), leaders, laggards, maritime security policies, institutionalism
Non-Contractual Liability For EU Sanctions: Towards the Normalization of CFSP
Authors: Lonardo Luigi , Carrozzini Alina 
Published: April 2022

In Case C-134/19 P Bank Refah Kargaran, the Court of Justice of the European Union (CJEU) made an important pronouncement over its jurisdiction on Common Foreign and Security Policy (CFSP), as it held that it can hear an action for damages allegedly suffered by a natural or legal person because of restrictive measures adopted under CFSP. This article reflects on this important development in the case law of the CJEU, by putting it in the context of what scholarship on the topic has referred to as the ‘normalization’ of CFSP. In addition, the article comments upon the potential significance of the decision in Bank Refah for the EU’s external posture. The decision, this article argues, recognizes the opportunity to seek damages stemming from CFSP acts – including decisions adopted under the Common Security and Defence Policy (CSDP), that is decisions establishing military operations of civilian missions, and, in those contexts, acts or conduct attributable to EU bodies.
damages, non-contractual liability, CFSP acts, normalization, CSDP missions and operations, restrictive measures, jurisdiction, CJEU, sanctions.
L’influence de la Convention européenne des droits de I’homme sur le droit français des obligations
Authors: Mestre Jacques 
Published: April 2022

Abstract. Conceived of, in essence, as means of ensuring the protection of the fundamental rights of the individual, the European Human Rights Convention and its additional protocols appear at first sight to have little in common with the law of contract and of tort. However, there are a number of conceivable points of contact, which are visible in particular in the context of the right to the protection of property, the right to privacy and the rights to freedom of expression and freedom of association, or even in the context of the right to due process. Already a number of decisions have been handed down both by the European Court of Human Rights and the French courts which illustrate the potential influence of European Law on the internal law of obligations. This article thus briefly sets out these points, before presenting by way of conclusion an attempted synthesis and a reflection upon possible future conjunctions between national law and these European principles.
Zusammenfassung. Die europäische Menschenrechtsconvention, die im wesentlichen zur Verteidigung der fundamentalen personalen Freiheiten erlassen wurde, und seine ergänzenden Protokolle erscheinen auf den ersten Blick ‘fremd’ im Hinblick auf das Vertragsrecht und das Recht der zivilrechtlichen Verantwortlichkeit. Dennoch sind mehrere Berühungspunkte unmittelbar einleuchtend: so z.B, in Bezug auf das Eigentums(Vermögens)recht, den Schutz des Privatlebens und das Recht auf freie Entfaltung der Persönlichkeit und auf Vereinigung oder auch auf das das Recht auf eines gerechten Verfahren. Mehrere Entscheidungen des Europäischen Gerichtshofes ebenso wie die Französische Rechtsprechung haben bereits den möglichen Einfluß der europäischen Normen auf das interne Recht der Obligationen erläutert. Dieser Beitrag beschäftigt sich folglich mit diesen Entwicklungen und zeigt analysierend einige Beobachtungen dieser Zusammenhänge auf. Zudem widmet er sich mit einigen möglichen Entwicklungen in der Zukunft.
Libre circulation des biens culturels et protection des tresors nationaux
Authors: Rigaux Francois 
Published: April 2022

Zusammenfassung. Freier Verkehr von Kulturgütern und der Schutz von ‘nationalen Schätzen’. Die Verordnung der EG-Kommission zum Export von Kulturgütern und die Direktive hinsichtlich der Rückschaffung (Wiederherstellung) von Kulturgütern, die illegal aus dem Temtorium eines Mitgliedstaates entfernt wurden (O.J.E.C. Nr. L 395/1,31 Dezember 1992; Nr L 74/74, 27 März 1993), befassen sich rnit dem Transfer solcher Güter zwischen den Mitgliedstaten und dem Export dieser Gütern zu Nicht-Mitgliedstaaten. Beide Instmmentarien haben das Ziel, Art. 36 des EG-Vertrages, der die Mitgliedsstaaten dazu ermächtigt, die Entfernung von nationalen Kulturgütern von künstlerichem Wert, – sogar in andere Mitgliedstaaten – zu verbieten, mit der Verabschiedung jeglicher (systematischer) Kontrolle des freien Waren-verkehrs nach dem 1. Januar 1993 in Einklang zu bringen. Dieser Aufsatz versucht, beide vorliegende Instmmente und die damit zu erwartenden juristischen Probleme zu analysieren. Außerdem werden die Konseauenzen hinsichtlich der Abgabe von Kompetenzen für die Bauwerke und Sehenswürdigkeiten der Belgischen Regionen aufgezeigt. Die Nationalen Stellen, die die nationalen Kulturgüter zu schützen haben, sind nicht länger Autoritäten (Behörden) des belgischen Staates, aber has vorgesehene Recht, die Rückschaffung der Kulturgüter einzufordern, wird – im Einklang mit dem EG-Recht – innerhalb der Kompetenz der Mitgliedsstaaten bleiben.
Abstract. Free movement of cultural goods and protection of national treasures. The EEC regulation on the export of cultural goods and the EEC directive on the restitution of cultural goods illicitly removed from the territory of a Member State (O.J.E.C. n° L 39511, 1992, December 31, n° L 74/74, 1993, March 27) are concerned with the transfer of such goods between the Member States and the export of such goods to non Member States. Both instruments aim to reconcile Article 36 of the EEC Treaty which empowers a Member State to forbid the removal of ‘national treasures’ of art, even to other Member States, and the abolition of any systematic control on the free movement of goods after 1 January 1993. The paper deals with the analysis of both instruments and the juridicial difficulties they will raise. Moreover it indicates the consequences of the devolution of competences, for the monuments and sites to the Belgian Regions. The ‘national’ authorities competent to protect ‘national treasures’ are no longer the authorities of the Belgian State, but the right to require the restitution provided for by the directive will remain, according to EEC law, within the competence of the Member States.
The EC Product Liability Directive: An EC wide conspectus
Authors: Lewis Xavier 
Published: April 2022

Abstract. This first article on Product Liability in Europe focuses on the implementation of the Council Directive no. 85/374/EEC of 25 July 1985 and its interpretation. Ten out of twelve Member States have now adopted legislation to implement the Directive. The author gives a survey of the way in which the various countries have made use of the options which the Directive leaves them. He submits that late implementation of the Directive may lead to state liability towards victims of defective products. The author then points to the influence the Directive has. Existing national law in the field of product liability must be interpreted with regard to the Directive. The Directive also transposes other Community texts into liability law. Finally, various non-EC Member States have adopted the Directive, which has also had an impact on some non-European countries. It is unlikely that the Commission will submit proposals for a fundamental revision of the Directive in 1995.
Résumé. Ce premier article sur la responsabilité du fait des produits en Europe met plus spécialement l’accent sur l’étude de la mise en oeuvre de la directive communautaire n° 85/374 adoptée par le Conseil le 25 juillet 1985 et son interprétation. Dix des douze Etats membres ont maintenant adopté des législations spécifiques dans ce but. L’auteur étudie ainsi la façon dont les différents pays ont usé des options que leur laissait le texte. Il soutient en outre qu’une application tardive de son dispositif pourrait entraîner la responsabilité des Etats envers les victimes de produits défectueux. Il relève ensuite l’influence que peut avoir la directive. Les droits nationaux existants doivent d’abord être interprété au regard de ses dispositions. La directive transpose en outre d’autres textes communautaires en droit de la responsabilité. Enfin, divers Etats non membres de la Communauté ont adopté la directive, qui a ainsi eu une influence sur plusieurs pays non européens. Il est donc peu probable que la commission soumette de nouvelles propositions en vue d’une révision fondamentale de la directive en 1995.