...implications Because of the refusal of the UK Treasury Department to allow the transfer of the de facto head office, Daily Mail referred the question to the ECJ, whether Articles 43 and 48 EC Treaty preclude a member state from obstructing the transfer of the de facto head office from a member state. Decision of the court The ECJ concluded that this issue falls outside the scope of the Treaty provisions on freedom of establishment. Moreover, the Court added obiter dictum some comments regarding several conflicts of law questions. The Daily Mail judgment was recently confirmed by the Cartesio decision (see below). Centros (Case C-212/97, 9 March 1999) Two Danes established Centros Ltd under UK company law. The company was trade only in Denmark, however. The incorporators clearly stated that they had established the entity under UK company law solely to avoid the minimum capitalisation requirement for Danish limited liability companies. The Danish commercial registry considered this to be an unlawful circumvention of the Danish minimum capitalisation rules and so refused to register the company’s branch office in Denmark . EC law implications Once again the question of compatibility with the provisions on freedom of establishment (Articles 43 and 48 EC Treaty) are at stake. In particular the question was referred to the ECJ whether it is compatible with freedom of establishment to refuse registration of a branch of a lawfully founded company that has its...
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...disagreeing national law: ‘under the principle of supremacy, precedence must always be given to Community law over conflicting national law however framed and including national constitutional provisions'. As it is firmly known, the discussed principle of supremacy was established as well as developed in almost historical case of Costa v. Enel. In that case the collision between the law of the European Community and the Italian national law had been analysed. The conclusion of the European Court of Justice (hereinafter referred to as ‘ECJ') was based upon the limitation of sovereignty of each Member State and also on the transfer of powers from the States to the Community. The ECJ's core justifications for the discussed principle are ‘independence, uniformity and efficacy' of Community law. From this point of view, European Union law is ‘an integral part of ... the legal order applicable in the territory of each of the Member States'. The ECJ has developed arguments that would validate the conclusion about the Community law being accorded supremacy over national law. Undoubtedly, integration and co-operation were the crucial aims of the Treaty. They might be destabilised by one Member State which refuses to give effect to the Union law that should equally bind all. Therefore, in Costa the Court did seek to establish a universal principle of the supremacy of all binding Union law. The aforementioned...
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...An analysis of the Omega Spielhallen v Bonn case Omega Spielhallen v Bonn was a case which was presented before the European Court of Justice (ECJ) and which involved a German firm and German authorities. This case constitutes a good illustration of how European law works and of the interaction between State Courts and European institutions. Also, it was a case of prime importance for Human Rights in the Community since the ECJ ruled that fundamental human rights, whether they arise from the Constitutions of the Member States or from provisions of the ECHC, can limit the freedom to provide services. The firm Omega was producing combat games which gave the users the opportunity to "play at killing" with lasers. The Bonn police saw this activity as a threat to public secturity and prohibited it. However, the firm objected against this provision and the case was brought before the German Federal Court. The main argument of this Court was that the game was an affront to human dignity as guaranteed by the first Article of the German Constitution. However, it decided to refer a question to the European Court of Justice, because the prohibition of 'laserdome' was not compaticle with fundamental freedoms guaranteed by the EC Treaty, such as the freedom to provide services and the free movement of goods. This issue was raised because Omega was buying material to assemble the laser from a British company, which, after this prohibition was 'prevented from providing services' to a...
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...European Social Law Essay “In Western European societies, the dissociation between labour law and the law governing markets, which resulted in the emancipation of the former [from the latter], has been of significant relevance” (Antoine Lyon Caen, translation from “Droit Communautaire du marché v.s. Europe sociale”) Discuss whether and to what extent the ECJ's judgements in Viking, Laval, and Rüffert make it difficult to uphold the division between labour law on the one hand and the law of the (internal) market on the other hand, which - according to Lyon Caen - has been characteristic of labour law in Western Europe so far. Dissociation between labour law and law governing markets Labour law emanicapted from law governing markets Is it difficult to uphold labour law? and law of internal market? Balance the two? Introduction Balance the application of the EU's free movement rules (in particular the right to work and provide services in another member state) with the maintenance of different national social systems How will these freedoms affect trade union rights such as the right to collective action and collective bargaining? For a long time there has been a tendancy to look upon the EC as a guarantor of labour and social rights (particularly by the UK) Globalisation poses threats to national protection of labour law. Creates pressure for race to the bottom. So, supranational action is needed to defeat this pressure (justification for...
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...includes directives that are considered to be 'hard-law' as well as 'soft-law' which deal with aspects such as 'Open Methods of coordination' and the voluntary agreements of social partners. The aim of this paper is to discuss the implications of economic and social policies in the European labour market. In order to get the argument across, the emphasis will be put on four major legal cases that were interpreted by the European Court of Justice and the implications of the rulings on several member states. The cases known as the 'Laval-quartet' will delve deep into the topic of the posting of workers (PWD) and the imbalance of the social and economic freedoms within the EU. The cases offer a comprehensive explanation of the arguments that the ECJ put forward, and also the responses of public and private institutions (from both the employer's and employee's perspective) from core countries...
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...EXAMPLE 1 International litigation is often difficult to seize because of different procedures used by States and principles laying down procedures. These principles are related to the judicial conceptions that States have adopted. This point will be adressed latter in this introduction. On the other hand, International Convention, in a general or a specific view in relation to civil and commercial matter are enacted by States in order to uniform and harmonize body of rules applicable to international commercial litigation. For example, Lugano convention harmonized rules in order to determine competence of jurisdiction, or the Convention of Vienna on international sales of goods determines competence of jurisdiction and the law applicable. In order to explain which criterion is more important in the construction of private international law concerned with international commercial litigation, it will be relevant to focus this study on the rules of competence of jurisdiction. Besides the general system of conventions, as explained above, judicial traditions of countries can explain debates around the best ways to enact rules on international trade, and especially international litigations arise from commercial relationships between actors. Indeed, on one hand, common law countries focus on the role of the judge for the creation, the interpretation and the application of law rules. Some authors argue that the predominance of the judge in common law judicial system...
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...companies established outside the Netherlands but inside the EU. Throught 1993 corporation tax assessment, the competent Netherlands tax authority was refused to grant such deduction, thus Bosal lodged an appeal in cassation to the Hoge Raad (Supreme Court). Then, the Hoge Raad requested a ruling to the European Court of Justice (ECJ). The Bosal Holding Case 3 July 2, 2014 # Overview The following is the ruling seek by the Hoge Raad to the ECJ related to the Bosal case: Does Article 52…………………………………………preclude a Member State from granting a parent company subject to tax in that Member State a deduction on costs relating to a holding owned by it only if the relevant subsidiary makes profits which are subject to tax in the Member State in which the parent company is established? Does it make any difference to the answer to question 1 whether, where the subsidiary is subject to tax based on its profit in the Member State concerned but the parent company is not, the relevant Member State takes account of the abovementioned costs in levying tax on the subsidiary? The Bosal Holding Case 4 July 2, 2014 # Overview The ECJ examined the two...
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...Chapter 10 DIRECT EFFECT OF EU LAW 1. What are the conditions that have to be met by a provision of EU law to have direct effect? a. Direct effect occurs where a provision of EU law is of a general application and is directly applicable in all Member States. b. Direct effect occurs where a provision of EU law is clear, precise and unconditional. c. Direct effect occurs where a provision of EU law is on a list of directly effective provisions established by the Commission. a. This is a wrong answer. Item a above describes the main features of EU regulations. b. This is the correct answer. The conditions for direct effect were established in the Van Gend en Loos case. c. This is a wrong answer. The Commission has never produced any such list. 2. Which of the following types of direct effect allow an individual to rely on a provision of a directive against a Member State? a. Vertical direct effect b. Convex direct effect c. Horizontal direct effect. a. This is the correct answer. Vertical direct effect refers to a situation where an individual is allowed to rely on a provision of EU law in national proceedings against a Member State or its emanations. b. This is a wrong answer. There is no such thing as convex direct effect in EU law. c. This is a wrong answer. Horizontal direct effect concerns a situation where an individual is allowed to rely on a provision of EU law in national proceedings against another individual. 3. Which of the following...
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...implemented an individual can take action against another individual by using the concept of “indirect effect” Von Colson v Land Nordrhein-Westfahlen [1984] ECJ Article 5 EC requires Member States to "take all appropriate measures" to ensure fulfilment of Community obligations. And this means that courts must interpret national law so as to ensure the objectives of Directive are achieved. This requires an effective remedy that has a deterrent effect and is adequate in relation to the damage sustained. A Directive cannot of itself impose obligations on private partiesMarleasing SA v La Comercial Internacional de Alimentacion SA [1990] ECJ Therefore, national courts must as far as possible interpret national law in the light of the wording and purpose of the Directive in order to achieve the result pursued by the Directive. This obligation applies whether the national provisions in question were adopted before or after the Directive; national courts were 'required' to interpret domestic law in such a way as to ensure that the objectives of the Directive were achieved. So, courts must do everything possible to interpret domestic law to comply with Community law. State Liability when there is no domestic law on a matter to which a Directive relates or domestic law is totally contrary to EC lawFrancovich v Italy [1991] ECJ Sometimes referred to as the 'Francovich Doctrine' or the 'Francovich Principle'....
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...Continuous Flow Centrifugation [pic] Vs = Particle “Settling” Velocity ω = Bowl Rotation Rate (radians/time) R = Distance from Particle to Bowl Axis ρp = Density of Particle ρl = Density of Liquid Dp = Particle Diameter µ = Liquid Viscosity Solids are removed (liquid clarified) if: Residence Time in Disk Stack > Settling Time Maximum Centrifuge Flow Rate for Clarification [pic] Q = Liquid Flow Rate to Achieve Clarification Vt = Terminal Velocity of Particle Under Gravity Σ = Area of Gravity Setting Tank Equivalent to Centrifuge e = Efficiency Factor (~55% for disk stack centrifuge) ρp = Density of Particle ρl = Density of Liquid Dp = Particle Diameter µ = Liquid Viscosity g = Gravitational Constant ω = Bowl Rotation Rate (radians/time) N = Number of Disks in Stack θ = Disk Angle rin = Inner Radius of Disks rout = Outer Radius of Disks [pic] Velocity and Laminar Shear in Filter Module [pic] [pic] Pin = Pressure at inlet to flat plate filter stack. Pout = Pressure at outlet of filter stack. 2B = Channel thickness (distance between membranes). W = Channel width. L = Channel length. N = Number of channels in filter stack (1/2 number of membranes). Q = Volumetric flow rate to filter stack. Effect of Wall Shear on Cell Viability [pic] Effect of Turbulent Flow on Cell Viability [pic] Recommended Microfiltration Conditions [pic] ...
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...Hanz is a German national. He came to Paris in 2001. He worked as a teacher of German and was training as a lawyer at night school. In 2005 he was convicted of a number of offences including robbery and dealing in drugs. The judge sentenced him to eight years imprisonment. He also recommended that he should be deported on release from prison. Hanz is due for release shortly. He has been a model prisoner and gained some relief on his sentence. Hanz’s family have connections to Nazi parties. He, himself, has never been a member of a Nazi party, indeed has no political interests at all but he has been photographed at rallies before leaving Germany. He was present merely because members of his family were there also, on one occasion actually giving speeches. Hanz wants to challenge the deportation order claiming that it breached provisions of European law.Advise Hanz of any rights he may have under European law and on the likelihood of a challenge being successful. Art 3 TEU – freedom of movement Art 20 TFEU – established EU citizenship Art 21 TFEU – subject limitations right reside and move within EU Art 45(3) restrictions permissible on grounds of public policy, public security and public health Directive 2004/38: Art 27.1 – Member States may restrict the freedom of movement and residence of Union citizens and their family members, irrespective of nationality, on grounds of public policy, public security or public health… Art 27.2 – Measures taken on grounds...
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...Introduction English law is enshrined in the legal system of England and Wales, and is a set of rules, created by the state along with jurisdiction binding and implemented by its authority. The rules define what we can do and what we cannot do. They are created by Parliament and are known as ‘statute law’ or act of Parliament. The content of statue law is greatly influenced by the European Union including the Human Rights Act 1998. In the case of ‘common law’, the decisions of senior appellate court are included as law. European Union (EU) law takes priority and the European Convention on Human Rights (ECHR) protects those identified rights for the relevant stakeholders. Betten, L. (1999) A key distinction is made in terms of civil law and criminal law. Civil law deals in areas such as family matters, employment and contracts; whereas, criminal law is applicable when it is believed that a crime requires an investigation. Speaight, A. (2012) EU laws have considerable influence in a number of areas related to business and human rights and many treaties and directives are applicable in the UK for employment, security and freedom of movements. European law is highly applicable especially in terms of rights at work and business related law. Betten, L. (1999) English Law and its Sources English law is made up of common law - legislation passed by Parliament influenced by Europe. There are four main sources of English law 1. Statute law 2. Common law 3. European...
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...Table of Contents Introduction 2 Background of the case 2 Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount...
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...errors and omissions. Comments are invited to Paivi.Leino@abo.fi.) 1. The Sovereign of Monetary Policy The creation of a single market and the continuing concentration and integration at the European level have created phenomena that can neither be governed by nationally based policies nor left to the working of unregulated markets.( Hirst, Paul and Thompson, Grahame (1996), p. 156.) According to the European Court of Justice, one of the cardinal aims of the Treaty is to create a single economic region, free from internal restrictions, in which an economic and customs union may be progressively achieved. This requires, among other things, that the parities between the currencies of the various Member States remain fixed( As stated by the ECJ, as soon as this requirement ceases to be met the process of...
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...Microeconomic Assignment | The cost of Competition | Case Analysis | Justine Liu MBA Candidate at TiasNimbas Business School | * Explain how between January and September 1997 the game changed compared to that which had existed prior to January 1997. Prior to January 1997, there were only two big players in the market of flights between Turin in Italy and Innsbruck in Austria. These two players are Air Turin and Innsbruck Air. Thus we can conclude this market was a duopoly one. There were some features in this market. First, they provided differentiated services. Air Turin flied twice-daily whereas Innsbruck Air flied once a day. And their flight schedules were never the same. Second, they avoided conflicts with each other intelligently. Air Turin did not provide Sunday services, whereas Innsbruck Air did not provide Saturday services. Third, the pricing strategies they used were similar. As table shown the fare structure all in the same currency, we can find that there was no large differences between their price. Also, they even use the same price differentiation segmentations for customer with higher or lower price elasticity. Forth, they share almost half the market. In year, 1996, Air Turin achieved an average load factor of 65 per cent, and Innsbruck Air achieved 68 per cent. The market shares for Air Turin and Innsbruck Air, recorded at December 1996 on the Innsbruck-Turin route, were 58 per cent and 42 per cent respectively. There is interesting...
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