Civil Sanctions and Proceedings

Author(s):  
Annette Kur ◽  
Martin Senftleben

Trade mark conflicts as well as matters pertaining to validity and registration of marks can be dealt with in opposition or cancellation proceedings before the registration authorities and in subsequent appeals. The rules governing those proceedings were presented in Chapters 10 and 11. This chapter deals with civil law litigation conducted before the ordinary courts, while briefly also addressing the relationship of administrative procedures with the system of civil court litigation (section 13.1.2) and the coordination of administrative and civil proceedings in the European Union Trade Mark (EUTM) framework (section 13.2.3.2).

Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.


2020 ◽  
pp. 305-324
Author(s):  
Marios Costa ◽  
Steve Peers

This chapter examines the action for damages related to European Union (EU) liability in tort. It discusses the scope and the elements of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter also explains the relationship of Article 340 TFEU with Articles 263 and 265 TFEU. It considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.


Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.


2016 ◽  
Vol 4 (2) ◽  
pp. 168
Author(s):  
Nizar Baklouti ◽  
Frédéric Gautier ◽  
François Aubert

This study examines the effect of the legal system on the governance of banks and hence on financial distress. We compare corporate governance to the legal system in 18 countries of the European Union to explain the relationship between financial distress and bank governance. Using a sample of 147 commercial banks, we find that the effect of the legal system really counts. The results also suggest that banks operating in common law and civil law countries tend the concentration of ownership and board size to the effect of increasing the likelihood of financial distress. This study contributes to research in the governance of enterprise to provide empirical evidence that the legal system has the power to influence the financial health of banks.


2007 ◽  
Vol 38 (1) ◽  
pp. 51 ◽  
Author(s):  
Jacques Ziller

In this paper Professor Ziller addresses the intriguing question of the relationship of the European Union – which is not a state and which has no territory of its own – to the territories of EU Member States. The paper provides a survey of the overseas territories affected and the evolution of the case law of the European Court of Justice on the extent to which the provisions of the EC Treaty apply to the European territories overseas.


2021 ◽  
Vol 27 (2) ◽  
pp. 213-222
Author(s):  
Hartmut KAELBLE

The article covers the relationship of the citizens with the European Union and its predecessors since the beginnings of the European integration in the 1950s. It dis­tinguishes the period of the unquestioned citizen during the 1950s and 1960s, the period of the questioned and mobilized citizen since the 1970s and the period of the active citizen since around the turn the of century, in looking at European elec­tions, referendums, European movements, interest organizations, regular European opinion polls, complaints by citizens at the European Parliament, at the European Commission and at the European ombudsman and legal proceedings by citizens at the European Court in Luxemburg. In addition, the article looks at the change be­tween periods of trust and periods of distrust by citizens in the European institu­tions since the 1950s. It argues that the trend towards the mobilized and active citi­zen includes an eventual strong rise of distrust in periods of crisis, but also by a return of trust by the citizens even in difficult periods such as the recent Covid19 pandemic.


Energies ◽  
2021 ◽  
Vol 14 (13) ◽  
pp. 3801
Author(s):  
Piotr Niedzielski ◽  
Magdalena Zioło ◽  
Jarosław Kozuba ◽  
Ewa Kuzionko-Ochrymiuk ◽  
Natalia Drop

The rapid growth of aviation over the past fifty years has resulted in numerous negative environmental impacts due to the combustion of fossil fuels in aircraft engines. This paper presents the relationship between air transport and GHG emissions. Based on data on the development of aviation, the level of GHG emissions from transport, environmental tax revenues and the amount of GDP per capita in the countries of the European Union, an attempt was made to create a typification that would illustrate the interaction of GHG emissions with air transport, environmental taxes and GDP in the years 2009–2018. The next step to confirm the obtained results was the application of statistical methods: the TOPSIS (Technique for Order of Preference by Similarity to Ideal Solution) method of linear ordering and the Perkal index. Based on the study findings, the analyzed countries were divided into three groups: the group of innovators, the stable group and the group of students. The analysis revealed the relationship of all three analyzed variables with air transport. The development of the aviation sector leads to a significant increase in GHG emissions from transport, increased revenues from environmental taxes and acceleration of the rate of economic growth of a country.


2019 ◽  
Vol 7 (1-2) ◽  
pp. 145-150
Author(s):  
Antal Uzonyi ◽  
Péter Horváth

The accession of Hungary to the EU can be considered a milestone in the life of domestic agriculture, as currently 70% of the income of agricultural producers is funded by agricultural and rural development subsidies. Besides the timeliness of the topic, it is to be highlighted that agriculture has great traditions in Hajdúböszörmény. As a general objective of the study, the relationship of agricultural producers in Hajdúböszörmény with direct subsidies was determined. In the first part of the research, agricultural subsidisation systems of the European Union and Hungary were processed. Subsequently, with regard to Hajdúböszörmény and based on the subsidy-related data available for the period of 2008-2017, subsidies paid during the last 10 years were demonstrated in various breakdowns (resources, funds, settlements and subsidy type). In addition to the above, measurement of the concentration of direct subsidies was realised by means of three concentration indexes (Lorenz curve, CR concentration, Hirschman-Herfindahl index).  


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