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This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...
Persistent link: https://www.econbiz.de/10012893524
On May 14, 2018, the United States Supreme Court struck down the federal prohibition on sports gambling. The sweeping opinion, authored by Justice Alito, ended more than a quarter-century old policy that kept states from offering sports gambling and therefore, sports betting was confined almost...
Persistent link: https://www.econbiz.de/10012898047
This working paper focuses on the accountability arrangements for the ECB in the framework of the EU's Banking Union. For this purpose, first of all an analytical framework for the purposes of evaluating the preconditions and instruments of accountability placed at the disposal of the European...
Persistent link: https://www.econbiz.de/10012898704
In the struggle for supremacy between two diametrically opposed systems to protect Geographical Indications (GIs), the Trans-Pacific Partnership Agreement (TPP) gives the decisive push in favour of the trademark system. This has profound implications for generic geographical names, not only for...
Persistent link: https://www.econbiz.de/10012941100
Persistent link: https://www.econbiz.de/10012942777
This note addresses certain complications inherent in governance with regards to posted workers, i.e. workers posted on a temporary basis from one Member State of the Union to another, for the provision of services in the host Member State. In particular, this note attempts to explain how the...
Persistent link: https://www.econbiz.de/10012765264
It is increasingly common for commentators to argue that common law judicial review and human rights law are merging to form a unified field of public law, characterised by common functions, norms, concepts and methods, and/or that the two fields ought to be so unified. Such commentators...
Persistent link: https://www.econbiz.de/10013004806
With the referenda on possible Scottish and Catalan independence and the electoral successes of the Flemish pro-independence movement, secession of part of a EU Member State has become a real possibility that cannot be ignored any longer. The driving forces behind the referenda seek independence...
Persistent link: https://www.econbiz.de/10013006206
Injunctions for standard essential patents (SEPs) — that is, patents that are essential to practice an industry standard — have been at the center of the antitrust debate for more than a decade. In July 2015, the Court of Justice of the European Union (CJEU) issued its long awaited decision...
Persistent link: https://www.econbiz.de/10012853952
This article analyses the priorities of European competition law in the air transport sector in the light of the ongoing process of the industry's consolidation. The oligopolistic nature of the airline business results in a natural tendency towards its concentration. From the standpoint of...
Persistent link: https://www.econbiz.de/10013050093