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Protection of Cultural Heritage

Protection of Cultural Heritage Protection of Cultural Heritage and the European Court of Human Rights Based on the Document: Cultural Rights in the Case-Law of the European Court of Human Rights, published by the European Court of Human Rights. Protection of Cultural Heritage Although the European Court of Human Rights has never recognised the right to the protection of cultural and natural heritage as such, it has accepted that the protection of that heritage is a legitimate aim that the State may pursue when interfering with individual rights, especially with the right to property enshrined in Article 1 of Protocol No. 1. Beyeler v. Italy For instance, in the case of Beyeler v. Italy ([GC], no. 33202/96, ECHR 2000-I), the applicant complained of the exercise by the Italian Ministry of Cultural Heritage of its right of pre-emption over a Van Gogh painting that he had bought through an antiques dealer in Rome. Although the Court found a violation of the right to property for the lack of fair balance in the way in which the right of pre-emption was exercised (much later than the invalid sale and creating a situation of uncertainty), the Court considered that the control by the […]

Cultural Identity

Cultural Identity Rights to Cultural Identity and the European Court of Human Rights Based on the Document: Cultural Rights in the Case-Law of the European Court of Human Rights, published by the European Court of Human Rights. Chapman v. the United Kingdom In the case of Chapman v. the United Kingdom ([GC], no. 27238/95, ECHR 2001-I), the Court had to examine the question of the lifestyle of gypsy families and the specific difficulties they have to park their caravans. In its judgment, the Grand Chamber recognised that Article 8 of the Convention, which guarantees the right to respect for private and family life and home, protects the right to maintain a minority identity and to lead one’s private and family life in accordance with that tradition. The Court stated (§ 73): “The Court considers that the applicant’s occupation of her caravan is an integral part of her ethnic identity as a Gypsy, reflecting the long tradition of that minority of following a travelling lifestyle. This is the case even though, under the pressure of development and diverse policies or by their own choice, many Gypsies no longer live a wholly nomadic existence and increasingly settle for long periods in one […]

Internet of Things

Internet of Things: Legal Issues in Europe Internet of Things and Data Protection in Europe Entry based on the “Opinion 8/2014 on the on Recent Developments on the Internet of Things”, adopted on 16 September 2014. Introduction The concept of the Internet of Things (IoT) refers to an infrastructure in which billions of sensors embedded in common, everyday devices – “things” as such, or things linked to other objects or individuals – are designed to record, process, store and transfer data and, as they are associated with unique identifiers, interact with other devices or systems using networking capabilities. As the IoT relies on the principle of the extensive processing of data through these sensors that are designed to communicate unobtrusively and exchange data in a seamless way, it is closely linked to the notions of “pervasive” and “ubiquitous” computing.

Lisbon Treaty

Lisbon Treaty Following its ratification by the Czech Republic, the last Member State to do so, the Treaty of Lisbon entered into force on 1 December 2009. One of the main objectives of the Treaty of Lisbon is to modernise the institutional and decisional framework of the European Union, with streamlined and modern institutions, simplified working methods and voting rules, and a more effective and efficient decision-making process for a European Union of 27 members. Lisbon Treaty and Competition Law The following text is from Van Bael & Bellis: Overall, the Treaty of Lisbon’s impact on competition law will probably remain limited. However, a number of key changes merit attention. 1. Institutional and Formal Changes a. Structure of the Treaties and of the European Union o EC becomes EU – The Treaty of Lisbon grants the European Union a single legal personality; it replaces and succeeds the European Community. Consequently, all references to “European Community” and “Community” in the European terminology are replaced by the word “European Union” and “Union” (except when referring to the European Atomic Energy Community, which continues to exist). b. Changes in wording and numbers related to the chapter on competition o Provisions on competition are […]

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Private Enforcement

Private Enforcement in Competition Law NATIONAL COURTS §11.1. Introduction §11.2. Decentralization process §11.3. Advantages and disadvantages of procedures before national courts §11.4. Application of EC competition law by national courts (1) Powers of national courts (2) Parallel or consecutive application of the EC competition rules by the Commission and by national courts (3) Right to damages before national courts (4) Procedural aspects of enforcement of EC competition law before national courts §11.5. Cooperation between national courts and the Commission (1) Assistance of national courts by the Commission (2) Assistance of the Commission by national courts §11.6. Conclusion ARBITRATION §11.7. Introduction §11.8. EC competition law and arbitration: general principles §11.9. Impact of the Regulation on Procedure on arbitration

Competition Procedure

TFEU arts 101 and 102 set out the rules applicable to undertakings. These rules prohibit: Agreements, decisions and concerted practices which: (1) affect trade between member states; or (2) prevent, restrict or distort competition within the internal market. Abuse of a dominant position within the EU. TFEU arts 103 – 106 make supplementary provisions relating to: (1) the making of regulations or directives; (2) infringements; and (3) amendment to the laws of the member states. TFEU art 107 prohibits any state aid which distorts competition affecting trade between member states. TFEU arts 108 and 109 make supplementary provisions relating to surveillance by the Commission and the making of regulations. INTRODUCTION §10.1. Rules of procedure generally §10.2. Rules of procedure under Regulation 17 (1) The notification process (2) Outcome of the notification process §10.3. Drastic reform of the procedural rules: the Regulation on Procedure (1) Abolition of the notification and exemption system (2) Decentralized application of Articles 81 and 82 (3) Concurrent application of Articles 81 and 82 and national competition law (4) Challenges ahead §10.4. Impact of fundamental rights on competition enforcement procedure (1) Fundamental rights and the law of the European Union (2) Fundamental rights and competition law proceedings […]

Antitrust and the State

Antitrust and the State STATE MEASURES THAT MAY JEOPARDIZE THE ATTAINMENT OF THE COMPETITION LAW OBJECTIVES OF THE TREATY §9.3. Relevant Treaty provisions: Articles 10, 3(1)(g), 81 and 82 §9.4. The INNO/Van Eycke line of case law (1) INNO (2) Van Eycke (3) “Complicity” cases: State measures that require, favour or reinforce restrictive agreements (4) Delegation cases (5) Sovereign immunity (6) The duty of national competition authorities to disapply anti-competitive State measures in breach of Article 10 read in the light of Article 81 (7) Direct effect of Article 10 read in the light of Article 81 STATE MEASURES RELATED TO PUBLIC OR ‘PRIVILEGED’ UNDERTAKINGS §9.5. Introduction §9.6. Scope, application and enforcement of Article 86(1) (1) The concept of an undertaking (2) Undertakings with special or exclusive rights (‘privileged’ undertakings) (3) Public undertakings (4) State measures §9.7. State measures contrary to the Treaty: background and three strands of case law (1) Grant of special or exclusive rights acceptable in principle (2) Grant of special or exclusive rights impermissible in some circumstances (3) Exemptions from the application of Article 86(1) §9.8. Article 86(3): the enforcement and legislative powers of the Commission (1) Broad discretion for the Commission under Article 86(3) (2) […]

Abuse of a Dominant Position

Abuse of a Dominant Position Contents THE CONCEPT OF ‘ABUSE’ §8.1. Exploitative abuses and exclusionary abuses §8.2. The object or effect of the behaviour at issue §8.3. The ‘special responsibility’ of dominant firms §8.4. The required degree of linkage between the dominated market and the market on which the abuse occurs §8.5. The required degree of linkage between the dominant undertaking and the undertaking which commits the abuse §8.6. Objective justification §8.7. Commission’s Guidance on Abusive Exclusionary Conduct ABUSIVE PRACTICES §8.8. Pricing practices (1) Charging excessive prices (2) Extracting excessively low purchase prices (3) Price discrimination (4) Rebate schemes (5) Predatory pricing (6) Margin squeezing §8.9. Refusals to deal (1) Introduction (2) Refusal to supply (3) Refusal to license (4) Essential facilities (5) Justifications for refusals to deal (6) Refusal to purchase §8.10. Discrimination (1) Discriminating between nationals or residents of different Member States (2) Other forms of discrimination §8.11. Tying (1) The tying and tied goods are two separate products (2) The undertaking concerned is dominant in the tying product market (3) The undertaking does not give customers a choice to obtain the tying product without the tied product (4) The tie forecloses competition (5) There is no objective […]

Mergers

JURISDICTION OF THE COMMISSION TO REVIEW MERGERS §7.2. Overview: concentrations with Community dimension (1) The concept of a concentration (2) Community dimension §7.3. Concentrations falling outside the thresholds §7.4. Exceptions to the one-stop shop principle (1) Member State protection of legitimate interests (2) Referrals from the Commission to one or more Member States (3) Referrals from three or more Member States to the Commission (4) Referrals by a Member State to the Commission §7.5. Identifying the entities whose turnover must be considered in assessing ‘Community dimension’ (1) Identifying the ‘undertakings concerned’ – overview (2) Undertakings concerned in the case of mergers (3) Undertakings concerned in the case of acquisitions of sole control (4) Undertakings concerned in the case of acquisitions of joint control (5) Undertakings concerned in the case of acquisitions of control by a joint venture (6) Undertakings concerned in the case of changes from joint to sole control (7) Undertakings concerned in the case of de-mergers (break up of companies) (8) Undertakings concerned in the case of exchange of assets (‘asset swaps’) and in the context of outsourcing agreements (9) Undertakings concerned in the case of acquisitions of control by investment funds §7.6. The definition of ‘turnover’ (1) […]

Intellectual Property Rights in Competition Law

RESTRICTIONS ON ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS §6.1. Introduction §6.2. Articles 81 and 82 as a defence against the enforcement of intellectual property rights §6.3. The exhaustion principle §6.4. Trade within the European Economic Area (1) General principles (2) Copyright: mechanical rights (3) Copyright: performing rights (4) Copyright: rental rights (5) Copyright: supplementary royalties (6) Copyright: computer programmes (7) Trade marks: exhaustion and the Trade Mark Directive (8) Trade marks: repackaging and parallel trade of trade marked goods (9) Trade marks: removing labels from trade marked goods (10) Trade marks: the ‘common ownership’ doctrine and assignment of rights (11) Patents: exhaustion by licence (12) Patents: exhaustion despite lack of protection in Member State of export (13) Patents: compulsory licence in Member State of export (14) Geographic scope of the exhaustion principle (15) National legislation contrary to Article 30 §6.5. Imports of pharmaceutical products from the new EU Member States (1) Exception to the exhaustion rule for certain pharmaceutical products imported from acceding countries: the ‘Specific Mechanism’ (2) One-month notice requirement for parallel importers §6.6. Imports from non-EEA countries (1) Trade marked goods: no international exhaustion of rights (2) The meaning of ‘consent’ under the exhaustion principle: unequivocal consent required (3) […]