scholarly journals PROTECTION OF ECONOMIC COMPETITION: AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES

2019 ◽  
pp. 165-171
Author(s):  
Sergii Shkliar ◽  
Olha Bulaieva
Keyword(s):  
Decision Making ◽  
European Union ◽  
Procedural Justice ◽  
Third Party ◽  
The European Union ◽  
Economic Competition ◽  
Time Limits ◽  
The Third ◽  
The Law ◽  
The Right

Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.

scholarly journals Kolizyjnoprawna problematyka skuteczności przelewu wierzytelności wobec osób trzecich Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 9 października 2019 r. w sprawie BGL BNP Paribas SA c/a TeamBank AG Nürnberg (C‑548/18)

2020 ◽  
Vol 26 ◽  
pp. 223-236
Author(s):  
Witold Kurowski
Keyword(s):  
European Union ◽  
Third Party ◽  
The European Union ◽  
Conflict Of Laws ◽  
The Third ◽  
Common Opinion ◽  
The Law ◽  
The Third Party ◽  
Rome I ◽  
The Eu

The question of the law applicable to the third-party effects of assignments of claims is widely discussed in the doctrinal debates. In common opinion, the existing European conflict-of-laws regulations do not provide for a rule governing this issue. In the case BGL BNP Paribas SA v. TeamBank AG Nürnberg (C‑548/18), the Court of Justice of the European Union confirmed this gape of the Rome I Regulation.The gloss presents the justification of the European Union Court’s judgment, the reasons for the lack of the uniform conflict-of-laws regulation, and the consequences of this state. It also analyses briefly the European Commission’s proposal for the EU Regulation concerning the law applicable to the third-party effects of assignments of claims (COM(2018) 96 final), as a response to this situation. Finally, it examines the appropriate conflict-of-laws rules for proprietary effects of assignments of claims (the law of the assignor’s habitual residence and the law of the assigned claim).

scholarly journals Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine

2021 ◽  
pp. 60-71
Author(s):  
Yurii Kapitsa
Keyword(s):  
European Union ◽  
Industrial Design ◽  
Case Law ◽  
Third Party ◽  
The European Union ◽  
Association Agreement ◽  
Court Of Justice ◽  
The Law ◽  
The Right ◽  
Design Protection

Kapitsa Y. Unregistered industrial design: protection in the European Union and the problem of trolling in Ukraine. The article considers a new provisions concerning unregistered industrial design (hereinafter — UD), introduced by the Law of Ukraine № 815-IX of 21.07.2020.There is an incomplete reflection in the Association Agreement between the EU and Ukraine and in the adopted Law of the provisions of Council Regulation (EC) No 6/2002 on Community designs, in particular the lack of implementation of Art. 85 (2) of the Regulation concerning the conditions under which courts consider UD to be valid; and the rulings of the Court of Justice that the right holder must provide evidence that the UD was copied by a third party, Case C-345/13 etc.This may result in trolling in Ukraine with the use of UD to prohibit the use of known products or products created independently, bypassing trademarks.It is actual to:• provide amendments to the Law of Ukraine «On protection of rights to industrial designs» concerning the provisions of Art. 85 (2) of Regulation № 6/2002 and the case law of the Court of Justice;• extend the competence of the Appeals Chamber to cases concerning the recognition of UD as invalid;• amend the Law as well Art. 139, 140 of the Code of Civil Procedure of Ukraine and Art. 151, 153 of the Economic and Procedural Code of Ukraine regarding the provisions of Art. 50 TRIPS which stipulates that judicial authorities shall have the authority to require the applicant to provide any reasonably available evidence in order to satisfy themselves with a sufficient degree of certainty that the applicant is the right holder and that the applicant’s right is being infringed or that such infringement is imminent.There is a danger of partial approximation not to the whole EU acquis governing the protection of relevant IP rights which may result in the difficulty of applying implemented provisions of EU acts and developing national case law which could contradict EU case law.Key words: unregistered industrial design, protection of intellectual property rights, approximation of legislation, trolling

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contemporary Turkish-French Rivalry in Libya

2021 ◽  
Vol 28 ◽  
Keyword(s):  
European Union ◽  
Geographical Location ◽  
The European Union ◽  
Economic Competition ◽  
Oil Companies ◽  
The Third ◽  
Turkish Government ◽  
Islamic Identity ◽  
The Arab Spring ◽  
The Impact

The research represents a real attempt to show the contemporary competition and conflict that erupted between countries to control the countries that affected by The Arab Spring. Especially the oil-rich, including Libya, which has a distinguished geographical location, so this is what made France and Turkey engage in a political adventure, an economic competition, and an attempt to establish influence in Libya. The State of Libya was completely destroyed in order to control its oil, which is targeted by Western countries and their oil companies. The Turkish government tried to exploit its Islamic identity to influence the emotions of the Libyan parties and provided support for them. Then, it made an agreement with the Libyan government headed by Fayez al-Sarraj to demarcate the maritime borders, which gave it space to pressure against its opponents in the Mediterranean, after its negotiations to join the European Union failed due to France's refusal to join. The research was divided into five parts, the first dealt with contemporary Turkish-French relations, while the second one dealt with Turkey's position on the French intervention in Libya in 2011. The third one showed France's position on Turkey's accession to the European Union. The fourth one clarified the Turkish-French relations after the 2011 Libyan crisis. The fifth one included the contemporary French strategy in Libya, and finally the sixth one revolved around the impact of the Turkish-French competition on Libya. Keywords: crisis, oil, Libya, Turkey, competition, France.

scholarly journals The politics of embedding and the right to remain in post-Brexit Britain

Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Kingdom ◽  
Union Membership ◽  
The Other ◽  
The European Union ◽  
The United Kingdom ◽  
Sense Of Security ◽  
The One ◽  
The Right

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.

A quest for consistency in the law of commercial agency. Loss of the right to remuneration in Polish and European law

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Piotr Sitnik
Keyword(s):  
Case Law ◽  
Third Party ◽  
European Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
Council Directive ◽  
European Standards ◽  
Polish Law ◽  
The Right

In a recent judgment in ERGO Poist’ovňa, a.s. v Alžbeta Barlíková, the Court of Justice of the European Union attempted to clarify the ambit of Article 11 of Council Directive of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents, that is the circumstances where a commercial agent’s right to remuneration may be extinguished should a negotiated transaction not be executed between the principal and the client. Notably, the Court held that in the event of even partial non-execution of a negotiated contract between the principal and the third party client, provided it happened due to no fault on the part of the principal, the agent’s right to commission is proportionately extinguished. The paper discusses the judgment in the light of previous CJEU case law and the Polish transposition of the said European standards with a view to finding any potential divergences between the two. The paper notes two problems. First, Polish law, as opposed to Slovak law, does not recognize an automatic termination of an insurance contract in the event of default on the part of the customer. Conversely, whether such an effect eventuates is left to contractual discretion of the parties. Second, Polish courts have been recently willing to substitute unjust enrichment for contractual liability even where, it appears, complainants have valid claims under Article 7614 of the Civil Code.

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

Sign in / Sign up

Export Citation Format

Share Document