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This articles sets out the regimes applicable in the United States and the European Union in relation to trade with Iran, as a result of the USA’s withdrawal from the Iran nuclear deal and the EU’s response. These regimes create conflicting obligations on non-US undertakings. On this basis, it is possible to envisage that EU Member States would adopt measures to compensate undertakings for damages...
Increasingly, national courts have begun to consider the impact of the Charter of Fundamental Rights on EU copyright law. In (C-469/17) Funke Medien, (C-476/17) Pelham GmbH and (C-516/17) Spiegel Online v Volker Beck, the German Federal Supreme Court has referred a series of important questions about the relationship between the Charter, copyright law and national constitutional norms. This article...
The amount of capital that banks have to hold has been raised over time due to the adoption of the increasingly demanding standards issued by the Basel Committee on Banking Supervision. Accordingly, in December 2017, the so-called Basel IV standards have been published with the final aim of further increasing the capital of banking institutions. Despite the criticisms, capital requirements are an...
This article analyses some of the challenges in implementing and strengthening the principle of judicial independence at European level. It first highlights the difficulties in assessing the level of compliance with the principle of judicial independence and shows the approaches taken by the Council of Europe and the European Union. Next, it discusses some of the most recent decisions of the CJEU...
The paper investigates to what extent the principles of private and public enforcement are adhered to in antitrust damages actions. The Antitrust Damages Directive eliminated the uncertainty created in the wake of the Pfleiderer judgment and reasonably limited national judges’ scope of discretion. Competition authorities tend to rely very heavily on leniency procedures so paradoxically it is in the...
Systemic constraints of flagrant violations of judicial independence, like in Poland or Turkey—in line with an alarming, steadily increasing number of other European judicial systems coming under pressure—have not turned up abruptly, but have developed. Some of these deformities could evolve by making use of certain structural weaknesses in the respective judicial system and by simple reference to...
Cryptocurrencies and virtual currencies gained prominence in 2017 and 2018. The European Union has closely observed developments but has not been proactive in regulating this new phenomenon. In the Fifth Anti-Money Laundering Directive, a definition of virtual currencies was introduced to EU law for the first time. Reports published by the European Securities and Markets Authority and by the European...
Der Beitrag widmet sich dem aktuellen Thema der steuerrechtlichen Beihilfen durch allgemeine Steuergesetze. Ausgangspunkt ist Artikel 107 AEUV, der von der ”Begünstigung bestimmter Unternehmen oder Produktionszweige“ spricht. Die Rechtsprechung des Gerichtshofs der Europäischen Union arbeitet vor allem mit den Begriffen ”Selektivität“ und ”Vorteil“. Untersucht werden soll daher die Bedeutung dieser...
The “Renckhoff” judgment follows a prolific series of decisions, mainly on the right to communication to the public. However, it also provides us with new insights on six different levels: the concept of originality, the analysis of economic rights, the concept of a ‘new public’, the limits to the CJEU’s hyperlinking case law, the prototype of the “diligent copyright holder” and the scope of application...
Financial technology (FinTech) based trading activities operate above and underground. Due to their nature, FinTech products can be used within the dedicated regulatory framework or into the deep layers of the Internet. This feature of FinTech alone could potentially undermine the existing financial services regulation (FSR), the aim of which is to ensure financial stability through investor protection...
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