Preliminary ruling on the compatibility of taxation of superstores with the right to freedom of establishment and State aid law: Case C-233/16, ANGED

2018 ◽  
Vol 27 (3) ◽  
pp. 341-347
Author(s):  
Nicolas de Sadeleer
Keyword(s):  
State Aid ◽  
Preliminary Ruling ◽  
Freedom Of Establishment ◽  
The Right

The ECJ's Inspire Art Decision of 30 September 2003 and its Effects on Practice

2003 ◽  
Vol 4 (12) ◽  
pp. 1277-1291 ◽  
Author(s):  
Christian Kersting ◽  
Clemens Philipp Schindler
Keyword(s):  
Company Law ◽  
Foreign Company ◽  
Freedom Of Establishment ◽  
Legal Proceedings ◽  
Host State ◽  
Foreign Companies ◽  
Court Of Justice ◽  
European Court ◽  
Inspire Art ◽  
The Right

In its most recent judicature the European Court of Justice (ECJ) continued its tendency of deciding in favor of the freedom of establishment by holding that rules submitting pseudo-foreign companies to the company law of the host state were inadmissible. It clarified that a foreign company is not only to be respected as a legal entity having the right to be a party to legal proceedings, but rather has to be respected as such, i.e. as a foreign company that is subject to the company law of its state of incorporation. Any adjustment to the company law of the host state is, hence, not compatible with European law. In addition to commenting on the decision and its effects, this article points out potential for corporate restructuring in the field of codetermination.

scholarly journals Public Expenditures Through Public Procurement

2018 ◽  
Vol 2 (2) ◽  
pp. 39-48
Author(s):  
Azem Duraku
Keyword(s):  
Public Procurement ◽  
Equal Treatment ◽  
Public Expenditures ◽  
Freedom Of Establishment ◽  
The Public ◽  
Electronic Procurement ◽  
Treaty Of Rome ◽  
Public Money ◽  
The Right ◽  
Procurement System

Abstract Treaty of Rome of 1957 and following treaties on amending the Treaty of Rome contain a number of basic principles on which the EU is founded. Among these principles, the most important ones related to the public procurement are: prevention of discrimination based on nationality, free movement of goods; right and freedom of establishment of a business; the right to provide services. Spending of public money in Kosovo pursuant to the Law on Procurement is found on the following principles: economization and efficiency; equal treatment and non-discrimination; transparency; value for money. The average of open procedure application in EU countries is 73% based on notices, whereas in Kosovo is 82.80% based on notices. In the end of 2014, Kosovo commenced the development of electronic procurement platform. This project takes place within the Public Sector Modernization Project. The importance of the electronic procurement is stated in the statement of European Commission: “Modernization and opening of procurement markets across borders - including through the electronic procurement expansion - are crucial for the competition in Europe and creating new opportunities for businesses in EU”. A good procurement system in Kosovo will have an impact on elimination of negative phenomena (corruption and bad management) in the management of public expenditures from spending agencies, as well as an impact on increase of budget saving.

State Aid Control in the Broadcasting Sector

2012 ◽  
pp. 97-124
Author(s):  
Konstantina Bania
Keyword(s):  
New Media ◽  
Public Service ◽  
State Aid ◽  
Related Services ◽  
Public Service Broadcasting ◽  
Playing Field ◽  
Digital Era ◽  
Media Markets ◽  
State Aid Control ◽  
The Right

The application of the State aid rules to public service broadcasting has never been a straightforward exercise for the European Commission (hereafter the Commission). The picture became more complex in the digital era in light of the expansion of public broadcasting organizations to new media markets. Yet, in spite of the challenges it faced, the Commission has not limited itself to a marginal compatibility assessment checking solely whether the provision of related services outweighs the harm to competition. Through its decision-making and the adoption of a soft law instrument, the Broadcasting Communication, the Commission gradually managed to inject into national schemes supporting broadcasting activities its own perspective of “good” State aid policy. This chapter discusses the impact that the Commission State aid practice has had on national systems and reflects on whether the latter has struck the right balance between the conflicting values involved, namely competition and public service broadcasting. The chapter argues that, while in several instances the Commission went beyond the Treaty letter, its control over relevant State measures has contributed substantially to ensuring a level playing field between public broadcasters and commercial undertakings operating in the wider context of the media market.

LEGAL BASIS OF PRESS FREEDOM IN IRELAND

2020 ◽  
Vol 2 (XX) ◽  
pp. 19-44
Author(s):  
Michał Kaczmarczyk
Keyword(s):  
Freedom Of Expression ◽  
Press Freedom ◽  
Legal Basis ◽  
Legal Tradition ◽  
Freedom Of Establishment ◽  
Media Freedom ◽  
Media System ◽  
The Press ◽  
The Media ◽  
The Right

The concept of freedom of the press is closely linked to freedom of expression. Freedom of the media is an instrument of free speech and is derived from the freedom of expression, independence of thought, opinion, ideas and judgement. Freedom of the media is possible only if the state ensures real independence of expression, access to reliable information, freedom of publication and publishing. Respecting media freedom through non-interference by public auReceived thorities is an important part of the European standard of democracy, and is aligned with the essence of the liberal democratic regime. Ireland has a diversified market of newspapers and magazines, created by private entities, operating on the basis of well-developed guarantees of freedom of establishment that are deeply rooted in the Irish legal tradition. Freedom of speech, which is also enjoyed by the media, is enshrined in the Constitution, and appropriate institutions have been established to protect it, defending the right of the media to obtain and disseminate information, but also to safeguard the principles of law and ethics in journalism, combining the right of the press to express opinions and freely describe reality with the right of the beneficiaries of this activity (readers) to obtain information that is reliable, true, honest and credible. This article attempts to characterize the legal basis of press freedom in Ireland (both domestic and international) and to describe the institutions that uphold this freedom, ensuring that the media system functions properly as one of the subsystems of the social system.

The right to double compensation where the re-routed flight suffers a long delay – Upholding high standards of EU consumer protection

2021 ◽  
Vol 28 (1) ◽  
pp. 143-152
Author(s):  
Magdalena Kučko
Keyword(s):  
Consumer Protection ◽  
Technical Failure ◽  
Preliminary Ruling ◽  
Eu Regulation ◽  
High Standards ◽  
The Right

In March 2020, the CJEU delivered its judgment in the Case C-832/18 A and Others v. Finnair Oyj concerning the application of EU Regulation 261/2004 on air passenger compensation. It considered whether passengers are entitled to compensation for cancellations or long delays of ‘re-routed’ flights to which they have been placed following cancellations of their original flight. In its preliminary ruling, the CJEU also considered whether a technical failure of a part which has been identified by aircraft manufacturer as being potentially defective but is only replaced once it is actually defective (a so-called ‘on condition’ part), constitutes an ‘extraordinary circumstance’ that could exempt airlines from their obligation to compensate passengers. By answering the first question in the positive and the second in the negative, the CJEU reaffirmed its well-established practice of a passenger-friendly interpretation of Regulation 261/2004.

Do you Prefer Scotch or German Whisky? CJEU Judgment in the Scotch Whisky and Glen Buchenbach Dispute

2018 ◽  
Vol 9 (4) ◽  
pp. 719-729
Author(s):  
Vadim MANTROV
Keyword(s):  
Geographical Origin ◽  
Geographical Indications ◽  
Preliminary Ruling ◽  
Similar Form ◽  
Visual Appearance ◽  
Commercial Use ◽  
European Consumer ◽  
Council Regulation ◽  
The Right ◽  
Scotch Whisky

Case C-44/17, Scotch Whisky Association v Michael Klotz, 7 June 2018 (Fifth Chamber)The CJEU issued a preliminary ruling in a dispute between the protected indication of geographical origin Scotch Whisky and the disputed sign Glen Buchenbach over the right to use the designation Glen. The CJEU provided further clarification of the four protection norms for safeguarding protected indications of geographical origin. Commencing with interpreting the phrase “any direct or indirect commercial use”, the CJEU established that the term “use” refers to the visual appearance of a protected indication covering its use in either an identical or similar form in the disputed sign. The terms “direct” and “indirect” refer to the way in which appearance takes place: the former term covers affixing a disputed sign directly on the product (ie labelling); the latter term comprises other forms of use such as advertising or accompanying documents. Further, the CJEU held that “evocation” means evaluating whether an average European consumer thinks directly of a protected indication of geographical origin when confronted with an infringing sign. Finally, the CJEU averred that assessing whether a disputed sign is used either as an evocation or as a “false and misleading indication” does not depend on the context in which the sign is used.Article 16 of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89, OJ L - 8, of 13.2.2008, pp 16–54 [Spirits Regulation].

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