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, as well as non-contractual liability (interplay between contract and tort law, limits to extra-contractual liability … been exaggerated, certainly as regards areas such a non-contractual liability where the DCFR cannot simply be an optional …
Persistent link: https://www.econbiz.de/10014194025
In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...
Persistent link: https://www.econbiz.de/10012981393
Persistent link: https://www.econbiz.de/10012910530
As the implementation of the Energiewende in Germany is making itself increasingly felt in the distribution networks, this paper explores how the growing amount of distributed renewable energy impacts the Distribution System Operator (DSO) and its responsibility for public values, such as the...
Persistent link: https://www.econbiz.de/10012927504
This paper aims at contributing to the further development of the governance structure of the internal energy market by evaluating the process of the development of network codes, that is, the technical rules governing access to – and functioning of the cross border electricity grid, against...
Persistent link: https://www.econbiz.de/10014117226
defines as "noncontractual liability arising out of damage caused to another" roughly corresponds to tort law as it is known …-contractual liability, namely the general limitations on the scope of non-contractual liability. After a preliminary discussion on the idea … of limiting liability (1), this contribution then answers the two issues which are central to the work of the EIG, namely …
Persistent link: https://www.econbiz.de/10014212239
In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...
Persistent link: https://www.econbiz.de/10012990808
A consensus is emerging that a flourishing European data economy requires effective portability of and access to data for individuals as well as businesses. Beyond the right to data portability introduced in the General Data Protection Regulation, a number of data access regimes are being...
Persistent link: https://www.econbiz.de/10012888908
The European Data Economy initiative is built on the belief that the current regulatory environment is not adequate in order to unleash the potential of such data-driven economy. The initiative focuses on so-called ‘non-personal data' as a way to complement data protection rules that regulate...
Persistent link: https://www.econbiz.de/10012898010
While the traditional literature and the policy statements concerning standardization as such emphasize the benefits of standardization, the intellectual property and competition law literature and policymaking has been more critical of standardization. Intellectual property is relevant, as the...
Persistent link: https://www.econbiz.de/10013031407