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The article addresses two new aspects of the role of State aid for environmental and energy projects in the EU: aid for infrastructure and aid for nuclear energy projects. Aid for infrastructure projects may be necessary given the funding gap and the necessity to upgrade and modernise new technologies and this is now regulated in the GBER and the Environmental and Energy Guidelines. In the area of...
OHIM offers mediation at the appeal stage of inter partes proceedings as an alternative to litigating before the Boards of Appeal and the EU Courts in Luxembourg. This facility builds on OHIM’s mandate to invite the parties to reach a friendly settlement and is free of charge (if the mediation takes place at OHIM’s premises in Alicante) or subject to a small administrative charge (if the mediation...
The new European Union framework pertaining to financial regulation, supervision and oversight is a ‘child of the crisis’—indeed, to be more precise, that of two crises: the recent (2007–2009) international financial crisis, and the current fiscal crisis in the euro area, which erupted in 2010. The new framework addresses most of the causes of these crises by introducing a set of extensive rules aimed...
European Union customs seizure procedures allow for the detention and destruction of counterfeited goods, preventing them from entering the territory of the European Union. They constitute the main and key mechanism of exercising intellectual property rights by right holders and remain the most effective tool for the enforcement of intellectual property rights. Due to the crucial role of that mechanism...
Joint public procurement is an opportunity that first appeared with the new European Public Procurement Directives. The significance of joint public procurement should not be exaggerated, but it is important to explore its advantages, its possible applications and its occasional disadvantages. Joint public procurement can not be managed independently from the decisions or the internal organisational...
The origins of EU trade mark dilution law are controversial and the action today is difficult for courts to understand and apply in practice. This article looks at the origins of the action in the Odel case and in US legal writing, before turning to the challenges facing the modern practitioner dealing with dilution cases in the EU courts today. Particular analysis is given to the criterion of “uniqueness”,...
This article addresses the question whether anti-competitive effects must be demonstrated in cases concerning abuse of dominance. The case-law is moving in the direction of distinguishing between types of abuse that will always (or nearly always) restrict competition, and other types where a finding of an abuse of dominance will require that we look into the specific facts of the case. The author...
One of the key issues for a creditor in the cross-border context is his ability to rely on his security rights where insolvency proceedings have been opened in respect of the debtor. In general, the Regulation upholds such rights where the creditor holds security over assets located in a Member State other than the Member State where the insolvency proceedings were opened. However, under the previous...
This article deals with the interrelation between recast Brussels I Regulation and European Insolvency Regulation in respect of proceedings featuring connection with insolvency. It is essential to accommodate these proceedings within the scope of one or another regulation since it determines applicable jurisdictional rules and different possibilities for refusing the recognition or enforcement of...
A landmark achievement of the freshly adopted revision of the EU Insolvency Regulation (Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (recast)—hereinafter as “the recast Insolvency Regulation”, OJ L 141 of 5 June 2015, p. 19–72) is without any doubt the establishment of the EU-wide interconnection of national electronic insolvency registers...
Aufgrund der deutlichen Unterschiede im materiellen Recht der Mitgliedstaaten ist die Frage nach dem auf die Forderungsabtretung anwendbaren Rechts von großer Relevanz. Die zentrale Frage der Drittwirksamkeit wird in Art. 14 Rom I-Verordnung bisher nicht geregelt. Die Mitgliedstaaten verfolgen verschiedene Lösungsansätze und sehen eine Anknüpfung an das Zessionsgrundstatut, das Forderungsstatut oder...
Communication, coordination and cooperation are key concepts in international insolvency law. This paper studies their place, meaning, development and application in present and coming European law. The focus lies on an introduction to three sets of soft law, recently developed to enable smoother communication, coordination and cooperation in practice with the objective to improve the effectivity...
Until now France has always refused to recognise any parent-child relationship as a result of surrogacy. All petitions for recognition were refused first on the grounds of public policy and then on the grounds of fraudulent process including towards a biological parent. Having been condemned on the basis that children born from surrogacy abroad suffer from an infringement regarding their right of...
The EAPO is a separate and standalone Europe-wide order which provides a maintenance creditor with the opportunity to apply without notice and to prevent transfer or withdrawal of funds held by a maintenance debtor in a bank account held in any other Member State (except in Denmark and the UK). The preservation order application procedure is in principle an ex parte written procedure based on information...
Many enterprise are structured as groups of companies. However, the European Insolvency Regulation does not contain any provisions on groups of companies. This raises difficult problems as to the determination of the centre of the main interest (COMI) in the case of insolvency of such an enterprise. After some introductory remarks on some specific aspects of groups of companies, this paper will address...
This paper examines the transformation of the consumer redress landscape in the EU and the impact that the Alternative Dispute Resolution Directive 2013/11/EU will have on three radically different redress cultures: Italy, Spain and the UK. In particular, this paper critically analyses the current regulation of the main ADR schemes and proposes key changes to improve the provision of redress in these...
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