2. The Variable Reach of the Law: The European Court of Justice and the Politics of Legal Integration

2018 ◽  
pp. 15-49
Keyword(s):  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Legal Integration

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

Statut ochrony dóbr osobistych w ustawie – Prawo prywatne międzynarodowe – wybrane zagadnienia

2019 ◽  
Vol 78 ◽  
pp. 386-401
Author(s):  
Nikodem Rycko
Keyword(s):  
Legal System ◽  
European Court Of Justice ◽  
Applicable Law ◽  
Personality Rights ◽  
Court Of Justice ◽  
European Court ◽  
Personal Rights ◽  
The Law

Law applicable to the protection of the rights of personality rights is regulated by a method of alternative indication with two equivalent connecting factors. The interpretation of these criteria – the place of the infringement of personal rights and the place where the damage occurred – may cause difficulties. The interpretation given by the European Court of Justice in the cases of Shevill and eDate Martinez seems to be the first to be taken into account, although exceptions should be admitted in justified cases. If the effects of infringement of the rights of personality occur in the territory of many states, it is to be assumed that the damage existing in each of them is governed by its legal system. However, this mosaic principle should only be applied where the person requesting the protection indicates the applicable law of the place of effect. If the law of the place of the infringement of personal rights is indicated, the norms of one legal system should be applied.

The European Community, the European Court of Justice and the Law of the Sea

2008 ◽  
Vol 23 (4) ◽  
pp. 643-713 ◽  
Author(s):  
Sonja Boelaert-Suominen
Keyword(s):  
International Law ◽  
European Community ◽  
Dispute Settlement ◽  
European Court Of Justice ◽  
Law Of The Sea ◽  
Member States ◽  
Court Of Justice ◽  
Fishery Policy ◽  
European Court ◽  
The Law

AbstractThe European Community has gradually increased its focus on marine and maritime affairs, starting with the Community's Fishery Policy in the 1970s and culminating recently in the 2007 Blue Book on an Integrated Maritime Policy of the European Union. The Community's increased clout over marine and maritime matters has been reflected also in the case law of the European Court of Justice. From the outset the Court has given great impetus to the Community's efforts to assert its external competence in matters related to fisheries and conservation of biological resources of the sea. Even so, the Court has thus far only occasionally been confronted with public international law questions pertaining to the law of the sea. However, the few cases in which the Court has addressed such issues are worthy of note. For example, the Court has ruled on whether Member States should be allowed to rely on the international law of the sea in order to derogate from obligations under Community law; whether Member States should be allowed to prefer the dispute settlement provisions set out in the 1982 United Nations Convention on the Law of the Sea over the Community's own dispute settlement system; and on whether private parties may invoke arguments derived from the customary or conventional international law of the sea to challenge the validity of Community legislation pertaining to marine and maritime matters. The resulting judgments of the European Court of Justice have often turned out to be landmark cases, although some of them have tended to divide academic opinion.

scholarly journals European Union citizenship: The acquisition of nationality and the ever-expansive reach of the European Court of Justice

2021 ◽  
Author(s):  
◽  
Bridgette K. McLellan
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
The European Union ◽  
European Union Law ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Union Citizenship ◽  
The Law ◽  
Principle Of Proportionality

<p>European Union citizenship was established by the Treaty of Maastricht in 1992. Intended to fall within the exclusive prerogative of the Member States, it soon became clear that the autonomy of Member States to determine matters relating to nationality would be restricted by the ever-expansive reach of the European Court of Justice. As such, the European Court of Justice transformed the law on citizenship in the 2010 case of Rottmann where measures affecting or depriving the rights conferred and protected by the European Union were held to fall within the scope ratione materiae of European Union law. While Rottmann affirmed the law as to the deprivation of European Union citizenship, it left unanswered the question whether the acquisition of nationality also falls within the scope of European Union law. This paper aims to identify and analyse the law arising post-Rottmann to determine whether the acquisition of nationality could fall within the scope of European Union law. It shall then analyse whether fundamental principles of European Union law, namely the principle of proportionality, could be applied in order to regulate the conditions imposed by Member States in relation to the acquisition of nationality.</p>

scholarly journals The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

2010 ◽  
Vol 58 (3) ◽  
pp. 85-90
Author(s):  
Hana Kelblová
Keyword(s):  
Consumer Protection ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Patent Office ◽  
Trade Marks ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
European Court ◽  
The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (2) ◽  
pp. 253-286
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

Zusammenfassung Der Bericht informiert in zwei Teilen über den Entwicklungsstand des Rechts der vorhabenbezogenen Fachplanung und betrifft damit namentlich die Planung und Zulassung raumbeanspruchender Infrastrukturvorhaben wie Verkehrswege und Energieleitungen. Hierfür sieht das deutsche Verwaltungsrecht das spezifische Instrument der Planfeststellung vor. Das Bundesverwaltungsgericht verfügt in diesem Zusammenhang über eine weitreichende erstinstanzliche Zuständigkeit und prägt mittels dieser weite Teile des deutschen Zulassungsrechts, auch über den eigentlichen Bereich des Planfeststellungsrechts hinaus, sei es bezüglich des Rechtsschutzes und des Verfahrens, insbesondere der Umweltverträglichkeitsprüfung, sei es bezüglich der Anforderungen des materiellen Umweltrechts. Die durch Entscheidungen des Aarhus Compliance Committee und des Europäischen Gerichtshofs induzierte Überarbeitung des Rechts des Umweltrechtsschutzes hat der deutsche Gesetzgeber andererseits zum Anlass genommen, verfahrensrechtliche Spezifika der Planfeststellung auf andere umweltrelevante Zulassungsentscheidungen zu erstrecken. Hierdurch deuten sich erstens Konturen eines allgemeinen Vorhabenzulassungsrechts an und wird zweitens die Eigenart der Planfeststellung als Instrument zur Durchsetzung von Vorhaben im öffentlichen Interesse stärker akzentuiert. Abstract The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

The Law and Economics of Excessive and Unfair Pricing:: A Review and a Proposal

2018 ◽  
Vol 63 (4) ◽  
pp. 399-430
Author(s):  
Peter Davis ◽  
Vivek Mani
Keyword(s):  
Law And Economics ◽  
Economic Value ◽  
European Court Of Justice ◽  
Economic Approach ◽  
The European Union ◽  
Economic Costs ◽  
Dominant Firm ◽  
Court Of Justice ◽  
European Court ◽  
The Law

The law on excessive pricing by a dominant firm derives from Article 102 of the Treaty on the Functioning of the European Union (TFEU), considered in the United Brands (UB) decision by the European Court of Justice (ECJ). The UB decision described a test that requires an assessment of whether prices are excessive to the point of being unfair in the sense that it has no reasonable relation to economic value of the product supplied (either in itself or in comparison to other products). In this article, we describe a coherent microeconomic framework for understanding the proper relationships between price, economic costs, and economic value. In particular, we propose an economic approach, which we believe courts should adopt to help structure their consideration of allegations of excessive and unfair pricing. While the economics can be very helpful in structuring analysis under both limbs of the UB test, it also makes clear that ultimately judges will need to make a judgment about what is, and what is not, fair pricing by a dominant firm.

Constructing and Legitimating: Transnational Jurist Networks and the Making of a Constitutional Practice of European Law, 1950–70

2012 ◽  
Vol 21 (3) ◽  
pp. 399-415 ◽  
Author(s):  
ALEXANDRE BERNIER
Keyword(s):  
European Court Of Justice ◽  
European Law ◽  
Archival Material ◽  
Court Of Justice ◽  
European Court ◽  
History Of ◽  
Social Scientific ◽  
French Association ◽  
Legal Integration

AbstractSocial scientific explanations of the role of European law associations in the making of a new European legal order argue that they were critical in empowering the European Court of Justice and defining the results of European legal integration. However, these approaches fail to highlight the complex context in which these associations evolved. By exploring the history of the French Association des juristes européens from 1951 to 1970 on the basis of comprehensive archival material, this paper provides a more contextualised understanding of what appears as a struggle with limited impact on the French reception of European law.

The doctor, negligence and causation: A lawyer’s exposition to doctors, scientists and lawyers

2018 ◽  
Vol 58 (3) ◽  
pp. 194-198
Author(s):  
Alec Samuels
Keyword(s):  
European Court Of Justice ◽  
Duty To Warn ◽  
Court Of Justice ◽  
European Court ◽  
The Future ◽  
History Of ◽  
The Law

The brief history of causation in medicine and science. The law. Setting the scene. Negligence but no causation. Duty to warn. Prognosis. Loss of opportunity. Consecutive negligence. Indivisible injury. Unknown culprits. Obstetrics. The European Court of Justice. The future.

Does the Codification of the Principle of Supremacy Matter?

2005 ◽  
Vol 7 ◽  
pp. 57-79 ◽  
Author(s):  
Per Cramér
Keyword(s):  
European Court Of Justice ◽  
Member States ◽  
Community Law ◽  
National Courts ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
National Institutions ◽  
European Court ◽  
The Absolute ◽  
The Law

A little more than four decades ago, the European Court of Justice declared that the law of the European Communities constitutes the supreme law of the Member States. The national institutions, most importantly the national courts, were to apply rules of Community law and, in so doing, were required to set aside conflicting provisions of national law, however framed. Since then, this judicially formulated constitutional principle has been developed and restated in later judgments by the ECJ. However, during the same period the absolute character of the principle has been continually challenged by the Member States.

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