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otherwise available in EC law reveals that the current 'network-based' model is basically sound. While it should be strengthened …
Persistent link: https://www.econbiz.de/10012709311
Water is an exhaustible natural resource. Access to clean, safe and affordable water must be managed nowadays not only to avoid any unnecessary use of water, but also allow for continuous supply of such an important factor of public well-being. In recent years, water-related activities acquired...
Persistent link: https://www.econbiz.de/10013014565
European energy consumers who previously had a rather passive, consuming role, and were confronted with top-down determined energy supply options, services, as well as prices, are now assuming a more proactive role, in some cases becoming prosumers of energy. Originally the focus of both...
Persistent link: https://www.econbiz.de/10012988572
We study the impact of legal principles on the design and the effectiveness of antitrust fines. Modern antitrust enforcement obeys four basic legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these principles into a...
Persistent link: https://www.econbiz.de/10013061084
Most of the draft CFR (DCFR) concerns contract law, yet in Book VI the DCFR deals with another major component of … private law which could not be ignored in the work of the Economic Impact Group (EIG). What the DCFR accurately if dryly … defines as "noncontractual liability arising out of damage caused to another" roughly corresponds to tort law as it is known …
Persistent link: https://www.econbiz.de/10014212239
central to the work of the whole group. For one, contract law is not just about remedying market failures, it is fundamentally … a basic condition for markets to exist at all. Moreover, law and economics analysis looks for Pareto-efficiency and … members: they dealt with general issues of contract law (function of contract law, good faith, non-discrimination), the …
Persistent link: https://www.econbiz.de/10014194025
, it may be developing into a principle of EU law as such, or at least impose a standard of rational administration on the …
Persistent link: https://www.econbiz.de/10013229945
against the law – an infringer – and should be stopped from doing so. Such a person acts in a way that the rights of other … individual compliance of a particular person with the abstract letter of the law. Injunctions against intermediaries, based on …. They address by-standers who (also) comply with the law. The basis for this kind of injunction is thus not an act of …
Persistent link: https://www.econbiz.de/10012993162
Services of general economic interest (SGEI) are a legal category in the EC Treaty that is designed to enable proportionate restrictions on the Treaty's market freedoms (including competition) in so far as necessary to attain legitimate public policy objectives defined (in the first instance) at...
Persistent link: https://www.econbiz.de/10012729143
private sphere in their free movement and competition case law. The second part looks at those areas of EU law that deal with ….The examination of the case law of the Court starts out from two competing theoretical frameworks, i.e. the Ordoliberal school of law … of these. Instead, the variables of proportionality and preemption, and Community law doctrines such as functionalism …
Persistent link: https://www.econbiz.de/10012729243