Die Steuerungswirkung Der Darlegungs Und Beweislast Im Verfahren Vor Dem Gerichtshof Der Europ Ischen Union
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Die Steuerungswirkung Der Darlegungs Und Beweislast Im Verfahren Vor Dem Gerichtshof Der Europ Ischen Union
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Author : Katayun Zierke
language : de
Publisher: Mohr Siebeck
Release Date : 2015-04-14
Die Steuerungswirkung Der Darlegungs Und Beweislast Im Verfahren Vor Dem Gerichtshof Der Europ Ischen Union written by Katayun Zierke and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-14 with Law categories.
English summary: The burden of presentation and the burden of proof are of key practical significance in proceedings before the Court of Justice of the European Union. Despite this, EU legislation has very few norms where the law of evidence is concerned. The Court therefore has the opportunity to develop its own regulations with regard to burden of presentation and burden of proof and to apply these when conducting proceedings. Based on the Court's jurisdiction relating to different areas of internal market legislation, such as the four freedoms and the law of competition, Katayun Zierke investigates the various aspects of the influential effect that the burden of presentation and the burden of proof may have. She shows that this leads to a harmonization between the substantive and the procedural level, which parties must take into consideration when developing strategies for the proceedings. She also discusses its legitimacy and its limits. German description: Die Darlegungs- und Beweislast hat im Verfahren vor dem Gerichtshof der Europaischen Union eine hohe praktische Bedeutung. Dennoch kennt das Unionsrecht nur sehr wenige Normen zum Beweisrecht. Dies gibt dem Gerichtshof die Moglichkeit, die Darlegungs- und Beweislastregeln selbst zu entwickeln und als Instrument zur Steuerung des Verfahrensausgangs einzusetzen. Anhand der Rechtsprechung des Gerichtshofs zu verschiedenen Bereichen des Binnenmarktrechts, etwa den Grundfreiheiten und dem Wettbewerbsrecht, untersucht Katayun Zierke die unterschiedlichen Facetten der Steuerungswirkung der Darlegungs- und Beweislast. Sie zeigt auf, dass diese zu einer Verzahnung der materiellen und prozessualen Ebene fuhrt, die von den Parteien bei der Entwicklung einer Prozessstrategie berucksichtigt werden sollte. Diskutiert werden zudem Legitimationsansatze und -grenzen fur die Steuerungswirkung.
Droit Des Aides D Etat Dans La Ce
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Author : Francisco Santaolalla Gadea
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01
Droit Des Aides D Etat Dans La Ce written by Francisco Santaolalla Gadea and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.
A uniquely important contribution to the debate on EC State aid, this book captures the direct knowledge and experience of twenty-six current and former Commission State aid litigators, offering detailed 'insider' analysis of EC State aid court cases, as well as related internal legal issues, between 1994 and 2008. The book brings together both legal and economic analysis, with detailed reflections on aspects of both substantive legal rules and procedural law. It also offers, over and above the specific interest of the contributions it contains, invaluable insights into the working methods of the Commission Legal Service. This collaborative work was conceived and realized by its authors as a mark of recognition, and a gesture of respect and friendship, for Francisco Santaolalla, on the occasion of his retirement from the Commission after fourteen years' service as Director of the State aid team. Among the many legal and economic forces affecting State aid litigation, the authors focus on such factors as the following:A {exports;A {private investment;A {role of economic analysis;A {ecotaxes;A {privatization;A {remedies;A {existing aid;A {third parties;A {actions against State aid decisions;A {national court decisions;A {fiscal discipline; andA {WTO subsidies law. In illuminating the underlying issues, and describing how they are handled by the Commission Legal Service, the authors shed light on the likely future development of State aid law. The book will be of particular interest to antitrust practitioners as well as academics
Private Enforcement Of Competition Law
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Author : Jürgen Basedow
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2011
Private Enforcement Of Competition Law written by Jürgen Basedow and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Antitrust law categories.
The victims of violations under EU competition law will, in practice, rarely receive restitution for the damages suffered. Authorities established by the European Commission to abolish this maladministration by the Council discussed this concern during a special meeting in June 2009 - in particular, the possibility of private enforcement of competition law. Results of the meeting are documented in this book.
Eu Procedural Law
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Author : Koen Lenaerts
language : en
Publisher: OUP Oxford
Release Date : 2014-03-20
Eu Procedural Law written by Koen Lenaerts and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-20 with Law categories.
The European Union is unique amongst international organisations in that it has a highly developed and coherent system of judicial protection. The rights derived from Union law can be enforced in court, as opposed to other international organisations whereby enforceability is often far less certain. At the heart of the system of judicial protection in the European Union is the core principle of upholding the rule of law. As such, the stakes are high in the sense that the system of the judicial protection in the European Union must live up to its promise in which individuals, Member States and Union institutions are all guaranteed a route by which to enforce Union law rights. This book provides a rigorously structured analysis of the EU system of judicial protection and procedure before the Union courts. It examines the role and the competences of the Union courts and the types of actions that may be brought before them, such as the actions for infringement, annulment, and failure to act, as well as special forms of procedure, for example interim relief, appeals, and staff cases. In doing so, special attention is given to the fields of EU competition law and State aid. In addition it evaluates the relationship between the Court of Justice and the national courts through the preliminary ruling procedure and the interplay between EU law and the national procedural frameworks generally. Throughout, it takes account of significant institutional developments, including the relevant changes brought by the entry into force of the Lisbon Treaty and the amendments to the Statute of the Court of Justice of the European Union and the Rules of Procedure of the Court of Justice and the General Court.
Interop
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Author : John Palfrey
language : en
Publisher: Basic Books
Release Date : 2012-06-05
Interop written by John Palfrey and has been published by Basic Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-05 with Technology & Engineering categories.
In Interop, technology experts John Palfrey and Urs Gasser explore the immense importance of interoperability -- the standardization and integration of technology -- and show how this simple principle will hold the key to our success in the coming decades and beyond. The practice of standardization has been facilitating innovation and economic growth for centuries. The standardization of the railroad gauge revolutionized the flow of commodities, the standardization of money revolutionized debt markets and simplified trade, and the standardization of credit networks has allowed for the purchase of goods using money deposited in a bank half a world away. These advancements did not eradicate the different systems they affected; instead, each system has been transformed so that it can interoperate with systems all over the world, while still preserving local diversity. As Palfrey and Gasser show, interoperability is a critical aspect of any successful system -- and now it is more important than ever. Today we are confronted with challenges that affect us on a global scale: the financial crisis, the quest for sustainable energy, and the need to reform health care systems and improve global disaster response systems. The successful flow of information across systems is crucial if we are to solve these problems, but we must also learn to manage the vast degree of interconnection inherent in each system involved. Interoperability offers a number of solutions to these global challenges, but Palfrey and Gasser also consider its potential negative effects, especially with respect to privacy, security, and co-dependence of states; indeed, interoperability has already sparked debates about document data formats, digital music, and how to create successful yet safe cloud computing. Interop demonstrates that, in order to get the most out of interoperability while minimizing its risks, we will need to fundamentally revisit our understanding of how it works, and how it can allow for improvements in each of its constituent parts. In Interop, Palfrey and Gasser argue that there needs to be a nuanced, stable theory of interoperability -- one that still generates efficiencies, but which also ensures a sustainable mode of interconnection. Pointing the way forward for the new information economy, Interop provides valuable insights into how technological integration and innovation can flourish in the twenty-first century.
Research Handbook On Governance Of The Internet
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Author : Ian Brown
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
Research Handbook On Governance Of The Internet written by Ian Brown and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
The Internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on Internet governance, written by the leading scholars in the field. With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality. Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching Internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for Internet governance in national governments and intergovernmental organisations.
Legitimacy In International Law
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26
Legitimacy In International Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Law categories.
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Competition Law As Regulation
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-10-30
Competition Law As Regulation written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-30 with Law categories.
To what extent should competition agencies act as market regulators? Competition Law as Regulation provides numerous insights from competition scholars on new trends at the interface of competition law and sector-specific regulation. By relying on the experiences of a considerable number of different jurisdictions, and applying a comparative approach to the topic, this book constitutes an important addition to international research on the interface of competition and regulation. It addresses the fundamental issues of the subject, and contributes to legal theory and practice. Topics discussed include foundations of the complex relationship of competition law and regulation, new forms of advocacy powers of competition agencies, competition law enforcement in regulated industries in general, information and telecommunications markets, and competition law as regulation in IP-related markets. Scholars in the two fields of law and economics will find the research aspects of the book to be of interest. Officials in competition and regulatory agencies will benefit from the practical relevance of the book.
Piracy In The Indian Film Industry
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Author : Arul George Scaria
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-15
Piracy In The Indian Film Industry written by Arul George Scaria and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-15 with Law categories.
This book studies the social, cultural, historical, legal and economic dimensions of copyright piracy in India.
Faireconomy
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Author : Wolfgang Fikentscher
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-03-14
Faireconomy written by Wolfgang Fikentscher and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
FairEconomy is a concept for a free and fair market economy. In response to the financial and economic crises of the past years, the authors develop fundamental ideas of how a market economy works, what rules markets need and who safeguards fairness and equal opportunity in such an economy. The book sets out the design of a sustainable market order: Going back to the very roots of doing business it offers a fascinating insight into the cultural and anthropological premises of the market economy. Fairness and free competition can be identified as key elements of successful markets, sometimes neglected in politics and business. Legal rules need to ensure that fairness and economic freedom work. The same holds true for the relationship of risk and liability that has been overlooked in the banking sector. The ideas of a FairEconomy, sketched in this book, are fit to become a reality: The authors point to institutions and mechanisms that could integrate the concept into global law. They place their trust less upon ever-larger institutions and more on private entitlement and enforcement at the global, regional, and local levels.