European Law.
Name: Haseeb-ur-Rehman, Matriculation Number: 00100285, Date: 15th March 02, Subject: European Law (LW22003) Coursework; b). The purpose of Article 81 is to protect competition, by regulating the activities of undertakings, which would otherwise act independently, where, 'undertakings' is interpreted, by the European Court of Justice, (ECJ) and the Commission, as any party or person engaged, in commercial or economic activities, involving, the provision of goods and services1. This article was created under, the 1957 Treaty of Rome, initially, as Article 85, and was based on, the American, Sherman Act of 1870, which dealt with 'anti-trust' law2. Accordingly, in the spirit of the mixed economy, Article 81 seeks to uphold the presumption that, any restriction, on free competition is, essentially reprehensible. However, in order to, maintain some degree, of control over free competition, Article 81, necessitates, a level of intervention, in the mechanics of the European economy. This means that, acts of industry and producers, detrimental to the consumer and the market are to be prevented, by the community, without hindering economic growth and indirectly instigating inefficient business practices, as may happen in command economy situations. The degree of intervention in the market must therefore be such, so as to provide the consumer, with some of the benefits of perfect
EU law
EU Assessed Essay a) Porquette is a young scientist trying to market her pill "Slimming Beauty" in her home town, Burgeria, and through mail order. However, Burgeria will only allow sales of diet pills in authorised pharmacies only to be directly advertised to medical professions. This problem is to do with selling arrangements. A selling arrangement is "A judicial device which removes national law from the scrutiny of European Community law relating to the free movement of goods".1 In this case the selling arrangement is the legislation that says that the pills are only allowed to be sold in authorised pharmacies. This is a similar case to Commission v Greece2 where powdered infant milk was only allowed to be sold in authorised Pharmacies. However this case was different as there was no powdered infant milk produced in Greece at the time. The application was made on the grounds that the legislation was contrary to Art 28(ex 30) EC, which states "Quantitative restrictions on imports and all measures having equivalent effect shall, without prejudice to the following provisions, be prohibited between Member States."3 The court found that the effect of the Greek legislation was to "limit the commercial freedom of traders irrespective of the actual characteristics of the product... concerns the selling arrangement of certain goods, inasmuch as it prohibits the sale,
European Law
FOUNDATIONS OF EUROPEAN LAW Q) If the Working Time Directive is directly effective, discuss why it was necessary for the Commission to take action against the UK in case C-484/04 Commission v United Kingdom, judgement September 7, 2006. INTRODUCTION If the Working Time Directive1 has 'direct effect', which means that an individual can take action directly against a member state, when in breach, in their national courts by applying the directive, then the question arises whether there is an actual requirement for proceedings to be taken by the Commission against the United Kingdom (UK) at all. In my opinion there are multi-faceted aspects of these enforcement actions by the Commission that lead me to believe that they are indispensable. They include both general, broad reasons relating to the European Community at large and specific reasons relating to the United Kingdom and the Directive in question, each will be dealt with in turn. A SUMMARY OF THE CASE Article 226 of the European Community (EC) Treaty confers power on the Commission to bring an action against a Member State 'which it considers to be in breach of their obligations under Community law'2, thus the Commission brought an action against the UK in matters relating to the transposition of the Working Time Directive 93/104/EC, concerning the organisation of working time, into national law. The Commission
European Union Law.
European Law Assessement-Part 1 Course: European Union Law (4 FBL 201) Module leader: Tony Boyt Seminar Tutor: Michael Connelly Student name: Laura Geron Course: B.A. International Business and Spanish. Registration : 00145221B Question2 All national or citizens of EU Member States are automatically also citizens of the European Union. Being German, Klaus and his family are entitled to all of the citizens of EU rights. It also gives them additional rights and responsibilities. The E.U tends to have a "common market power"1 that gives freedom of movement to the labour however this policy has also social consequences. The law on the free movement of persons within the EU would help Klaus and its family. It is part of the four important freedom of the Community law with the free movement of goods, services, and capital. It is a core policy of the European Law that is covered under Article 39 (ex 48). One of the major changes made by the Amsterdam Treaty is the introduction of the new EC Treaty title on "visas, asylum, immigration and the Free Movement of Persons" that help to ensure "freedom and security" to all Members State. Klaus and Astrid are describing as workers: "A worker is someone who performs services for and under the direction of another in return for remuneration during a certain period of time."2 Because they have been working
European Union Law.
EUROPEAN UNION LAW ASSIGNMENT LLB YEAR 2 - 2002 /2003 One of the primary objectives of the EC Treaty is to permit the free movement of goods within the 'common market.'1 To guarantee equality in the Member States, Articles 23 and 25 EC prohibit customs duties on imports and exports and of all charges having equivalent effect. However, the imposition of a customs duty is not the sole manner in which the free movement of goods can be hindered. Other restrictions, under the guise of administrative rules and practices, can also hinder the free flow of goods, and it is Articles 282 and 29 EC3 which were implemented to eradicate these restrictions. Quantitative restrictions are any measures taken by Member States which amount to a total (ban)4 or partial restraint (quota)5 on imports, exports or goods in transit.6 'Measures having equivalent effect' include not only openly protective measures applicable to imports 'or' exports (distinctly applicable measures), but also measures applicable to imports (or exports) and domestic goods alike, implemented for seemingly deserving causes7 (indistinctly applicable measures). In the case of Procureur du Roi v Dassonville {case 8/74) [1974] ECR 837, the ECJ, based on Directive 70/50, introduced a definition of measures having equivalent effect to quantitative restrictions, known as the 'Dassonville Formula'. It stated that: 'All
FSC's - Explain briefly the history of the dispute and what is it about.
FSC's Explain briefly the history if the dispute and what is it about. The disagreement is in tax relief provided by the US to its major exporting companies. It is between EU and US, and has existed since the 60's. In 1971, with a growing trade deficit, the US formed the Domestic International Sales Corporation (DISC); a partial tax deferral for the earnings of American companies, exporting outside the US. DISC was declared an illegal export subsidy in 1976 by GATT. As a result, the US set up the Foreign Sales Corporation (FSC) in 1984. FSC's are shell companies in offshore tax havens through which US companies channel foreign income to avoid tax. (Economist 2000). The dispute has arisen again in 1999 when, Sir Leon Brittan former EU commissioner, challenged the FSC, stating that it violated the Code on Subsidies & Countervailing Measures (SCM) agreed at the Uruguay Round. The WTO body did not rule the EC claim that FSC's violate SCM. However the WTO panel in Oct 1999, did decide FSC is an illegal export subsidy because revenue is forgone and exports are taxed more favourably than production abroad. (www.iie.com) The US was then given until 1st November 2000 to withdraw the FSC scheme. As a result on 15th November 2000, in an effort to comply with the WTO demands, President Clinton, signed the FSC replacement; the Extraterritorial Income Exclusion Act (ETI). However the
Legal Method Examination
Legal Method Examination Q.1 Read the attached judgment of the European Court of Justice ("ECJ") in R v Secretary of State for the Environment, Transport and Regions ex parte First Corporate Shipping Ltd [2000] I-9235 and answer the following question: (a) What are the number of the case and the name of the parties? The case number is C-371/98 and the parties to the case are the Secretary of State for the Environment, Transport and the Regions and the appellants, First Corporate Shipping Ltd. (b) What is the structure of the judgment? How does it differ from that of English Courts? A European judgment lays out the points of the judgment in numbered form. Sections are divided by clear headings after the facts of the case have been stated. The main priority in a European judgment is setting out "The Community legislation" at first-hand. In the present case of ex parte First Corporate Shipping Ltd1, the directive is set out according to which articles are relevant to the case followed by the full facts of the case and question brought forward for a preliminary ruling. In English courts, the judgment differs in that the full facts of the case are stated followed by the reasoning of the previous courts and the relevant case law. The judges then take turns to give their separate judgments which may be dissenting or assenting the plaintiff's case. In a European court,
Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, 2001/29/EC, on the problems posed for musical copyright owners by the development of the Internet. Does the Directive achieve, in your view, a workable and effec
Directive on Copyright - E.U Critically evaluate the impact of the E.U. Directive on Copyright in an Information Society, 2001/29/EC, on the problems posed for musical copyright owners by the development of the Internet. Does the Directive achieve, in your view, a workable and effective balance between copyright owners and Internet users? Copyrights Owners' Perspective The concept of copyright is essential to the development of new concepts and ideas. It is the reward for composer's work when producing a song or piece of music. It gives the owners of such works a level of control over what is done with it once it has been created. The provisions specifically designed to protect copyright owners' rights can be found in Articles 1,2,3,4,6 and 7. These rights ensure that the copyright owners' have the right to be identified as the author and have the exclusive right to reproduce, control and distribute their works. The creation of the Internet brought with it a number of difficulties in enforcing the rights of composer's. It is effectively "one large copy machine that can make and distribute an unlimited number of copies of content worldwide." 1 . The availability and increasingly widespread use of the Internet has made it infinitely possible for thousands, if not millions, of users to copy, download, and distribute songs and music, without the knowledge or supervision of
The Packaging and Packaging Waste directive (94/62/EC)The European Community first introduced measures on the management of packaging waste in the early 1980s. Directive 85/339/EEC covered
Lynda Curtis Council Directive 94/62/EC: Packaging and Packaging Waste Since its official inception in the first Environmental Action Plan (EAP) in 1973 EU Environment policy has been forced to steer a difficult course between trying to promote environmental protection and preserving free trade within the single market (Blacksell, 1994). The EU however only possesses limited authority to intervene in the internal affaires of its member states particularly in respect of the methods used to impose individual environmental policy. (Collins and Earnshaw, 1993) European Union directive 94/62/EC on Packaging and Packaging Waste or the 'Packaging directive' as it is more commonly known came into force on the 31st of December 1994 in order to tacle the growing amount of waste being disposed of in landfill sites rather than being recovered and recycled. Looking at the United Kingdom and Portugal as case studies this paper will look at the regulations set out in the directive and how the directive is implemented in these countries and how successful the implementation has been. The Packaging and Packaging Waste directive (94/62/EC) The European Community first introduced measures on the management of packaging waste in the early 1980s. Directive 85/339/EEC covered the packaging of liquid beverage containers intended for human use only but it was too vague to be effective. As a
Free movement of workers
The Law of the European Union Assignment Bella, a UK national, has recently separated from her husband, Alonso, an Italian national and gone to seek a new life in Greece after taking her 15 year old son, David, with her. After a few months, Bella has spent a significant amount of her savings and begins to look for work. Over a period f time she applies for a number of positions but is unable to satisfy the language requirements. She begins to take drugs and David, who has been working part time to supplement their income, moves out into other accommodation. Bella is eventually arrested and charged with minor drug offences for which she is given a short custodial sentence. Meanwhile her husband has taken up an offer of employment in Germany and, at the end of the sentence Bella tries to enter Germany to effect reconciliation. She is refused entry because of her drug offences. In Greece David is found not to have a residence permit and is not allowed to obtain one as he is not living with either of his parents. Please advise Bella and David. Nicholas Payne Group B Professor Nick Grief Student ID: 4150081 The scenario above involves one of the fundamental four freedoms of European law; the free movement of persons Arts. 39-42 of the EC Treaty provide that citizens of EU member states shall have the general right to move freely within the EU to seek and take up offers of