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Luzius Mader, Heinz Schäffer - Text and Context - The Development of Legal Techniques and Legal Culture in the New Context of Europ

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Luzius Mader (ed.), Heinz Schäffer (ed.)

Text and Context - The Development of Legal Techniques and Legal Culture in the New Context of Europ

Series: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)

Volume 15 2010

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Bevis Clarke-Smith, Manuela Guggeis The legislative integration of new Member States S. 101-108

„… 101 The legislative integration of new Member States Bevis Clarke-Smith and Manuela Guggeis Manuela …” „… Guggeis and I have been asked to speak to you about the legislative integration of new Member States into …” „… consistency of Community legislation, without which it cannot easily be assimilated by the Member States …”

Michael Thaler Language and Doctrinal Reception in Law S. 15-22

„… has to be taken over by its member states which we shall denote as A, F, and I. Suppose further that …” „… authorities of the three member states have to apply its rules in the same way. However the question is …” „… regulation. Finally as regards the tradition of I let this be a member state whose history has been largely …”

Titelei/Inhaltsverzeichnis S. 2-8

„… Wissenschaft und Forschung in Wien. 5Preface The members of the European Union and other European States are …” „… more recently. Which were the experiences made by these newly integrated Member States with the …” „… legislative integration of new Member States 101 Dr. Manuela Guggeis Die legislative Integration neuer …”

Luzius Mader Schlusswort S. 171-172

„… legal culture in Europe. We discussed in particular the experiences of later joined Member States with …” „… point of view of a non Member State. Professor Schweizer has mentioned in the discussion that about …” „… has become a member, given the 172 fact that the EU should leave the Member States sufficient time …”

Luc Wintgens From Product to Process – Legitimating Law in Legisprudence S. 123-170

„… state. Freedom in the political sense is positive freedom or freedom as framed (and imposed) from …” „… analysis of the concept of democracy. At its maximum, this relation will be direct in that all the members …” „… natural freedom. In doing so, they submit to a sovereign power, the mortal God that is the state …”

Attila Menyhárd The Development of Legal Techniques and Legal Culture in the New Context of Europe – Hungarian Report S. 83-92

„… already existing in national laws. This can be the reason of that in most of the Member States of the …” „… national law of the Member State, like e.g. the notion of good faith for English law which has been …” „… gravity of consumer protection regulation is provided by the legislation of the United States and the …”

Joakim Nergelius Swedish Rules on Legislation S. 93-100

„… a decision supported by five sixths of its members.1 But it must be noted that on neither of those …” „… rule on how legislation is passed is to be found in chapter 4, article 5 IG, which states that when a …” „… , which may be hard to explain today when Sweden no longer has an official state church, enactment …”

doi.org/10.5771/9783845223865

Werner Meng, Georg Ress, Torsten Stein - Europäische Integration und Globalisierung

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Werner Meng (ed.), Georg Ress (ed.), Torsten Stein (ed.)

Europäische Integration und Globalisierung

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 84 2011

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Nigel G. Foster The UK as a member state of the EU S. 153-166

„… 153 The UK as a member state of the EU Nigel G. Foster This article will explore the political …” „… six ECSC & EEC member states. The political concerns about the consequences of EC membership were …” „… with other member states, the security of nationhood or the stamp of approval and stability of the …”

Henrik Bull Free Movement of Persons and the Recognition of Foreign Marriages S. 51-66

„… as the Oporto Agreement, signed on 2 May 1992. 52 Member State of the freedom of movement of …” „… being able to live together with your closest family, in the Member State to which you are moving in …” „… person, to supply services to customers in other Member States.8 …”

Mark D. Cole The Country of Origin Principle – From State Sovereignty under Public International Law to Inclusion in the Audiovisual Media Services Directive of the European Union S. 113-130

„… supranational Union law which characterizes the advanced integration of the 27 Member States today. Also, it …” „… EU Member State’s jurisdiction can or must be based (exclusively) on the criterion of establishment …” „… Administrative Action in Member States concerning the pursuit of television broadcasting activities, OJ L 298 of …”

Jörg Polakiewicz The European Union’s accession to the European Convention on Human Rights – A report on work in rapid progress S. 375-392

„… same protection vis-à-vis acts of the Union as they presently enjoy vis-à-vis all member states of the …” „… Union. It will reassure citizens that the EU, just like its member states, is not “above the law” as …” „… and the 47 member states of the Council of Europe started immediately after the entry into force of …”

Maria Papantoni The Hellenic Constitutional Law and the Supremacy of European Law S. 347-358

„… of member states, The Constitution 1980, pp. 25-27, 51-55, in Greek. Cf. Iliopoulos- Strangas, Greek …” „… the law of the Union with that of the member states: hierarchy and direct application. The European …” „… words of the representatives of the member states, referring to the seminal first decision in the case …”

Raimund Raith The Selection of the Members of the Appellate Body of the World Trade Organization – Process and recent experiences S. 413-424

„… sitting on the Appellate Body. Given the complicated structure of the EU and its Member States in the …” „… members in 1995 the then EC Member States made no less than 13 suggestions (of which three were of Belgian …” „… EC/Member States was down to four, each a national of a different EC Member State.22 It is obvious that by …”

Iris Canor The Role of the Preamble to the Treaty in the European Court of Justice’s Jurisprudence – „... an ever closer union among the peoples of Europe“ S. 87-112

„… Marbury and Van Gend, in: Maduro/Azoulai, (fn. 41), p. 26. 43 Three Member States joined the proceeding …” „… competences vis-à-vis those of the Member States.59 Yet, it took the Court ten more years to address the …” „… social progress. By focusing on the Member States’ affirmation in the preamble that the essential …”

Udo Fink Der Bürgerkrieg in Libyen im UN-Sicherheitsrat S. 137-152

„… Member States that have notified the Secretary- General, acting nationally or through regional …” „… Council […] 8. Authorizes Member States that have notified the Secretary- General and the …” „… […] Calls upon all Member States, in particular States of the region, acting nationally or through regional …”

David A. O. Edward Was denn ist ein Volk? S. 131-136

„… European Union derives only from the will of the Member States: “Die Unionsbürgerschaft ist allein von …” „… Ibid., para. 346: “The citizenship of the Union is solely derived from the will of the Member States …” „… : “Self-determination is a principle wholly malign for the peace of the world. States just cannot be made to coincide …”

Christos VI. Gortsos „Basel III“: The reform of the existing regulatory framework of the Basel Committee on Banking Supervision for strengthening the stability of the international banking system S. 167-184

„… States in the European Union, in: Banking Rescue Measures in the EU Member States, Compilation of …” „… markets). The precedent from the refusal of certain Basel Committee member states to implement “Basel II …” „… until 2009. This does not negate the fact that in some states there is still crisis in the banking …”

Stefan Weber Von Torpedos, Tankern und deutsch-französischen Gefechten – Gerichte und Schiedsgerichte im Binnenmarkt – S. 607-624

„… I in the Member States („Heidelberg Report“) – Study JLS/C4/2005/03 (2007). 19 Bericht der …” „… folgt: „A court of a Member State shall stay the proceedings once the defendant contests the …” „… Member State that is designated as place of arbitration in the arbitration agreement is seized for …”

Titelei/Inhaltsverzeichnis S. 2-12

„… UN-Sicherheitsrat Udo Fink 137 10 The UK as a member state of the EU Nigel G. Foster 153 „Basel III“: The …” „… “ Iris Canor 87 The Country of Origin Principle – From State Sovereignty under Public International …” „… des Emissionshandels auf Importe Reinhard Quick 393 The Selection of the Members of the …”

Alberto L. Zuppi Immunities of state officials as a non-exculpatory defense in international criminal law S. 653-670

„… particular, official capacity as a Head of State or Government, a member of a Government or parliament, an …” „… 653 Immunities of state officials as a non-exculpatory defense in international criminal law …” „… See resolution of the Assembly of States Parties, http://www.icc-cpi.int/iccdocs/asp_docs …”

Michael J. Hahn Gemeinsame Handelspolitik nach Lissabon S. 213-232

„… number of their member States which are Members of the WTO. Decisions of the Ministerial Conference and …” „… the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where …”

Reinhard Quick Grenzmaßnahmen oder Maßnahmen an der Grenze – Die Unterscheidung zwischen Artikel III und II (XI) GATT dargestellt an der Ausdehnung des Emissionshandels auf Importe S. 393-412

„… Ausfuhrsubventionen hat. Appellate Body Report, United States – Tax Treatment for Foreign Sales Corporations, WT/DS …” „… States – Restrictions on Imports of Tuna, unadopted, BISD 39S/155. 26 Zur Kritik am GATT …” „… 28 GATT Panel Report, United States – Section 337 of the Tariff Act of 1930, BISD 36S/345, 385. 29 …”

doi.org/10.5771/9783845233161

Álvaro Morcillo Laiz - Contentious Regions in the European Union: Nationalist Parties and the Coordination of European Policies in Federal Member States

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Álvaro Morcillo Laiz

Contentious Regions in the European Union: Nationalist Parties and the Coordination of European Policies in Federal Member States

Series: Nomos Universitätsschriften - Politik

Volume 170 2009

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Federalism in EU Member States S. 15-25

„… regionalrepresentatives to participate in negotiations in the Council as part of a member state’sdelegation. Hence …” „… 2002), my hypothesis proposes that in federal member states,actors’ preferences and institutional …” „… in EU Member StatesAlthough in the preceding pages I used the adjective “federal” to refer to Spain …”

Coordination Mechanisms in Six Member States S. 29-43

„… policy inthe selected regions.Coordination Mechanisms in Six Member StatesWhen the second tier of …” „… mechanisms is to establish whether a regional minister can be part of the member state’sdelegation to the …” „… under theaegis of a centre that in the last instance can set autonomously the member state’sbargaining …”

The Defence of Regional Minorities in the EP S. 103-112

„… programme on audiovisualproduction in small member states like Greece, but not on regions with minority …” „… programme as an instrument for promoting audiovisual production in member states; according attention to …” „… and the smaller member states like Belgium, Ireland and Greece have fiercelydefended quotas and other …”

Conclusions S. 159-180

„… ally of the regions is not all-powerful.European Policy in Multinational Federal Member StatesRather …” „… member states. Second, scholars havenot considered the extent of the overlap of agendas across regions …” „… fields. Constituent units from member states have thus reacted to EU decisionson audiovisual and cohesion …”

Public Broadcasting and Film Promotion S. 84-92

„… Commission uses its competition powers to monitor84how member states and regional and local governments …” „… social cohesion. Additionally, the Protocol recognizes thepower of member states to define and subsidize …” „… channels (Zeller 1999: 237).Through the Protocol, member states and regions attempted to protect their …”

The 1999 Reform of Cohesion Policy S. 113-117

„… major overhaul have commanded theattention of all European institutions, member states, and regional …” „… coordination mechanisms have providedregions with the powers to make substantial impacts on a member state’s …” „… expansion of cohesion,to which member states had committed themselves in the SEA (Allen 2000: 248).While the …”

The European Parliament S. 150-158

„… small grants(European Council 1999 a: art 4.2), and as a form of compensation that “Member Stateswould …” „… wereMiguel Arias Cañete, the chair of the CRP and a member of the Spanish PP, and therapporteurs of the …” „… conservative Greek. Further influential figureswere Daniel Varela, a PP member from Galicia who drafted the …”

Titelei/Inhaltsverzeichnis S. 2-4

„… Union: Nationalist Parties and the Coordination of European Policies in Federal Member StatesNomos1 …”

European Audiovisual Policy and Regional Concerns S. 65-71

„… reaction both from member states and fromregions. Countries like Germany, the UK or Sweden have …” „… , both member states and regions had questioned the need for European Community powers to regulate …” „… ). Inturn, many member states and regions opposed Community intervention arguing thatthe TEC implicitly …”

Majority versus Minority Cultures in the CoR S. 93-99

„… millions. Moreover, television is a centralelement of member states’ and regions’ public spheres …” „… , just like member states in the Council. However, themultiplicity of agendas and issues at stake has …” „… liberal andinterventionist agendas may find allies among member states and European institutions.In this …”

Lobbying a Fragmented Commission S. 99-103

„… member states. Instead, the Länder and their TVchannels concentrated on shaping the position of member …” „… support of a largenumber of member states in order to overcome the resistance of the Commission …” „… , whichcould hardly oppose the Protocol if numerous member states supported it. In contrast tothe Länder, the …”

Nationalist Parties and the Impact of Integration S. 43-48

„… mechanismsof three federal member states. In these three countries, Germany, Spain, and Italy,coordination …” „… the member state in the Council. Some important differences between coordination mechanisms exist from …” „… one member state toanother, however. These can be best summarized in the pivotal role of the …”

The Coordination of the Television Directive S. 78-84

„… Directive. In order to establish whether their positions were taken upin the member states’ stance in the …” „… Council with other member states (23.6 BL and §6.2 EUZBLG). Thefederal government eventually entrusted the …” „… member states were to resist the suppressionof quotas, the federal chamber argued that the “where …”

Acknowledgements S. 5-10

„… Union to transform its member states. Recent literature onregions has also focused on establishing …” „… whether they, together with European institutions in a multilevel setting, have eroded member states …” „… the intricacies of member state agendas forcohesion policy. I hope some of them will read this book …”

Research Design S. 48-53

„… based on advancing the interests of a relativelysmall constituency at the expense of the member state as …” „… hand, member states with different coordination mechanisms are comparedand, on the other hand, an …” „… nationalist parties will be considered.Therefore, in each policy field I look at two member states and at …”

Spain S. 129-138

„… contradicted the few elements ofconsensus between the Commission and the member states. For instance, the …” „… demands from other member states, which could then in turn lead to a134decrease in the funding available …” „… in front of the other member states did not exclude a certain readiness to help out the Left Bank …”

Germany S. 117-122

„… member state’s bargaining stance, but did participate as part of theGerman representation in the working …” „… from losing a disproportionate share of Ob.2areas in comparison to other member states (Bundesrat 1998 …” „… backed wealthier regions in their request for moreleeway for member states and their constituent units …”

Regional Associations S. 139-144

„… sectoralpolicies such as transport and environment. Among these activities are meetings withEU and member state …” „… Chapter 6:Advancing Cohesion Policy Agendas through Extra-State ChannelsSince the late 1980s …” „… heard.Scholars with different theoretical interests have sought to explain extra-state regional activity during …”

The Impact of the European Union on Regions S. 25-28

„… integrated into the second-level tier of government in a federal member-state.Regions possess their own …” „… respective member state in the CoM. Further, the TEC refers to regions as policytakers on issues such as …” „… fields according to them. Tobe more precise, after identifying six federal member states where regions …”

The Committee of the Regions S. 144-147

„… the regional policies of member statesand the EU – perfectly overlapped with the Tuscan …” „… made too manyconcessions to its members in the form of references to specific problems, whichfrequently …” „… brought together members of the CoR and the Commission and likely contributed to shaping the resulting …”

Regional Cases S. 53-64

„… ever been present in the chamber. During the 1990s SPD –53rather than FDP members controlled – the …” „… high,particularly between the state-wide parties – the conservative Partido Popular – and thePartido Socialista de …” „… state-wide parties (2001:25). Simultaneously, the PNV sustained the last PSOE government in Madrid during1993 …”

Contact with the Commission S. 147-150

„… the CRP,Miguel Arias, said that the members of his committee were familiar with the opinions ofthe CoR …” „… politely, in view of their current and former responsibilities, theremaining CRP members I interviewed …” „… admitted off-the-record to having paid no heedto the CoR; one such member even remarked that the “CoR has …”

Regional Agendas S. 71-78

„… multilingual member states, audiovisual powers take on a particular significance becausethey serve as language …” „… Directive. In order to establish whether their positions were taken upin the member states’ stance in the …” „… sector, and the Länder became the beneficiaries of the Allies’ reluctance to see a state …”

Abbreviations S. 11-14

„… Administraciones PúblicasMEP Member of the European ParliamentMLG Multilevel GovernanceMS Member StateMSSD Most …”

References S. 181-204

„… Administrative Action in Member States Concerning the Pursuit of TelevisionBroadcasting Activities (COM (95) 0086 …” „… Certain ProvisionsLaid Down by Law, Regulation or Administrative Action in Member States Concerning the …” „… , Rafaella Y. (1996). EU Cohesion and Territorial Restructuring in the Member States. In:Cohesion Policy and …”

Index S. 205-210

„… ., seeCommittee on Culture, see Committee on Regional Policy– as an extra-state channel 17, 22– as an extra-state …” „… interaction 34MEDIA– Antennes 88–90, 102– distributive character 88– implementation 89, 98Members of the …” „… States 23, 31, 52–54, 67, 70, 82,93, 105, 106, 161– film industry 93, 106– trade policy 52– withdrawal of …”

Italy S. 122-129

„… that subdivided every member state in three levels(NUTS I, II, and III) and optionally divided NUTSIII …” „… of institutional agreements between State and regions.” (Gualini 2001: 766). Ciampi further aimed to …” „… regions wouldlack the right to lawfully grant state aid because of the reduction in 87.3.c areas …”

doi.org/10.5771/9783845220932

Julia Iliopoulos-Strangas, Stanislaw Biernat, Michael Potacs - Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

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Julia Iliopoulos-Strangas (ed.), Stanislaw Biernat (ed.), Michael Potacs (ed.)

Verantwortung, Haftung und Kontrolle des Verfassungsstaates und der Europäischen Union im Wandel der Zeit - Responsibility, Accountability and Control of the Constitutional State and the European Union in Changing Times - Responsabilités et Contrôle de l' État constituionnel et de l'Union européenne au fil du temps

Series: Societas Iuris Publici Europaei (SIPE)

Volume 9 2014

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Monika Kawczy?ska Concurrent Liability of the European Union and the Member States S. 73-92

„… Concurrent Liability of the European Union and the Member StatesMonika …” „… cooperation of the Union and the Member States,not only on the decentralized implementation of EU law at a …” „… otherform of advice, which is not binding and does not restrict the Member State’sdiscretion. In view of the …”

Nina Pó?torak State Liability in EU Law – Have the Member States Learnt anything in 20 Years after “Francovich”? S. 181-194

„… Union(CJEU) issued the famous Francovich judgment stating that the Member States“must be liable for loss and …” „… the authorities of theMember States?One of the goals of the Francovich ruling was to produce the …” „… to be successful in preventing infringements ofEU law by the Member States.However, the main role and …”

Lech Garlicki New Tendencies on State Responsibility in the Case Law of the European Court of Human Rights S. 243-266

„… “positiveobligations” incumbent on Member States.It is true that, in the early case law (in particular in the 1968 …” „… attributable to actions and decisions of any ofthe Member States.This problem was first addressed in the 2001 …” „… attributed to any of the Member States.At the same time, the Court granted a particularly privileged position …”

Titelei/Inhaltsverzeichnis S. 1-20

„… legal scholarsfrom various Member States and different legal cultures. Furthermore, EU law andECHR …” „… relating to the issues of state responsibility and accountability– also at the national level of the Member …” „… – derived directly from EU law – when a breachof EU law attributable to the Member State was established …”

Ji?í Zemánek Reinforced Responsibility and Accountability in a Democracy-Based EMU-Governance S. 167-170

„… MemberStates. There is an important constitutional momentum, there: any effective political decision – at the …” „… reinforced EMU, entrusted with supervisory powers over the Member States, shall have to be subjected to the …” „… , ifviolations of Member States´ obligations on the avoidance of excessive public debtare to be legally …”

Luc F.M. Verhey Accountability: Different Concepts and Practical Implications S. 115-122

„… colleagues from eleven Member States.3 I will say something about the concept as such, about the two basic …” „… models) and finally about some practical implications we see inalmost all Member States, no matter what …” „… Maastricht University; member of the Dutch Council of State.1 Christine NEUHOLD / Sophie VANHOONACKER / Luc …”

Antonio Lazari State Liability in Comparative and European Union Law S. 123-144

„… incompatible with the distribution of powers among the institutionsof the Community and the Member States and …” „… State Liability in Comparative and European Union LawAntonio Lazari*ProemIn the following chapter …” „… , I will present a concise comparative analysis of threemunicipal models of State liability and their …”

Verantwortung des Verfassungsstaates und der Europäischen Union: Formen und Rechtsgrundlagen/Responsibility of the Constitutional State and the European Union: Forms and Legal Foundations/La responsabilité de l'État constitutionnel et de l'Union européenne : Formes et fondements juridiques S. 97-114

„… , plusieurs contextes),par Nina Pó?torak (State Liability In EU Law – Have The Member States LearntAnything In …” „… aurait-il choisi d’intituler son sujet « Political Responsibility and LegalLiability of Cabinet Members » ou …” „… encore « Accountability and Liability of CabinetMembers ».Soyons clairs : ces différences ne sont pas …”

Nikiforos Diamandouros The Ombudsman's Role in Ensuring the Accountability of EU Institutions S. 267-276

„… promote the creation of an economic community among the six founding states. It certainly did not envisage …” „… character of the concept. He states that “accountability is first a relationshipbetween two sets of actors …” „… their legal obligations,but, in addition, to be service-minded and to ensure that members of the public …”

Robert Rebhahn Finanzkrise und Staatshaftung S. 231-242

„… liability of Member States forBreach of Community Law“, in: KOZIOL / SCHULZE (Hrsg.), Tort Law of the …” „… Beginnend mit: Communication from the Commission – The application of State aid rulesto measures taken in …”

Marten Breuer Die Funktion der Staatshaftung nach Unionsrecht und EMRK im Vergleich S. 203-228

„… of Member States“, ibid.,Rdnr. 9/53.84 Im Ergebnis wie hier, wenngleich mit unterschiedlichen …” „… einer begrifflichen Präzisierung. Denn dem, was im Unionsrecht als „Staatshaftung“ (state liability …” „… “ (state responsibility).1 Im Vergleich zur Staatshaftung erweist sich die Staatenverantwortlichkeit als …”

doi.org/10.5771/9783845259314

Reiner Schulze - Common European Sales Law (CESL)

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Reiner Schulze (ed.)

Common European Sales Law (CESL)

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2012

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Article 13 Member States’ options S. 115-118

„… /EC have been integrated. Article 13 Member States’ options A Member State may decide to make the …” „… that Member State; and/or (b) contracts where all the parties are traders but none of them is an SME …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Option for Member States …”

Article 4 Cross-border contracts S. 71-77

„… different countries of which at least one is a Member State. 3. For the purposes of this Regulation, a …” „… Member State. 4. For the purposes of this Regulation, the habitual residence of companies and other …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. At least one Member State …”

Article 10 Penalties for breach of specific requirements S. 102-105

„… specific requirements Member States shall lay down penalties for breaches by traders in relations with …” „… and dissuasive. Member States shall notify the relevant provisions to the Commission no later than [1 …” „… . Regulation Article 10 Wendehorst 65 10 11 A. Function Art 10 obliges Member States to lay down penalties for …”

Article 1 Objective and subject matter S. 38-50

„… small number of Member States. From the range of obstacles to crossborder trade including tax …” „… competition, particularly in the markets of smaller Member States. (2) Contracts are the indispensable legal …” „… their operations into more Member States. Their deterrent effect is particularly strong for small and …”

EXPLANATORY MEMORANDUM Explanatory Memorandum S. 788-817

„… Differences in contract law between Member States hinder traders and consumers who want to engage in …” „… new Member States’ markets. Consumers are hindered from accessing products offered by traders in other …” „… Member States. Currently, only one in ten of Union traders, involved in the sale of goods, exports within …”

ANNEX II STANDARD INFORMATION NOTICE Standard Information Notice S. 786-788

„… between Member States hinder traders and consumers who want to engage in cross-border trade within the …” „… enterprises (SME) in particular, from entering cross border trade or expanding to new Member States’ markets …” „… . Consumers are hindered from accessing products offered by traders in other Member States. Currently, only …”

Article 14 Communication of judgments applying this Regulation S. 118-119

„… Article 14 Communication of judgments applying this Regulation 1. Member States shall ensure that …” „… from claims under the CESL (P) will primarily be raised and resolved in Member State courts and only …” „… the CURIA website,2 but also of Member States’ courts. A first comprehensive database has already been …”

Article 12 Information requirements resulting from the Services Directive S. 109-115

„… rule on contractual information requirements.1 Member States have therefore, predominantly, implemented …” „… transposition on the Member States, Sellier: Munich (2008), p 339. Regulation Article 12 Wendehorst 73 2 3 4 5 …” „… similar institution with which the provider is registered, the professional title and the Member State in …”

Article 3 Optional nature of the Common European Sales Law S. 67-71

„… art 13 according to which the Member States may extend both the territorial and the personal scope in …” „… intrusive measure, calming down some Member State’s fears of a European Cc.2 Even though art 3 clarifies the …” „… been recognised as applicable law where the forum is not in a Member State.5 More importantly still, it …”

Article 15 Review S. 119-120

„… . Article 15 Review 1. By … [4 years after the date of application of this Regulation], Member States shall …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 I. Reports by Member States …” „… States The first review clause in art 15(1) is addressed to the Member States and obliges them to provide …”

Article 7 Parties to the contract S. 90-94

„… has its habitual residence in a Member State whose currency is not the euro or in a third country, the …” „… equivalent amounts in the currency of that Member State or third country. Contents A. Function …” „… . However, for an SME which has its habitual residence in a Member State which is not a member of the …”

Article 16 Entry into force and application S. 120-122

„… decade. B. Explanation I. Reports by Member States The first review clause in art 15(1) is addressed to …” „… the Member States and obliges them to provide the Commission, 4 years after the date of application …” „… its entirety and directly applicable in the Member States. Regulation Article 16 Wendehorst 83 2 3 …”

Article 1 Freedom of contract Schulte-Nölke S. 122-126

„… which would condone the refusal to accept commercial orders coming from certain Member States. Since the …” „… ), eg, would no longer be justified in not accepting orders emanating from certain Member States. In a …” „… CESL (P) would have to accept orders from customers in all EU Member States. This understanding of the …”

Article 41 Exercise of right to withdraw S. 260-265

„… provision the Member States may exclude the application of the Consumer Rights Directive to off-premises …” „… restriction, but merely gives the Member States the option to introduce it. However, in transposing the …” „… Consumer Rights Directive the Member States do not have to select the one extreme of excluding the right of …”

Article 11 Computation of time S. 154-157

„… reference to a Member State, or part of a Member State, of the European Union means any day designated as …” „… such for that Member State or part in a list published in the Official Journal of the European Union …” „… some Member States, the notion of ‘working day’ does not include Saturdays. Article 12 Unilateral …”

Article 40 Right to withdraw S. 247-260

„… Member States in particular cases in which the imbalance between the parties is abused (eg undue …” „… ) 214 Schulze 5 6 7 sumer protection in the Member States once the fully harmonised provisions of the …” „… an excursion organised by the trader). As in some Member States,22 according to art 40(1) and art 2(q …”

Article 8 Agreement on the use of the Common European Sales Law S. 94-99

„… be two possibilities: the ‘1st national regime’ of the Member State whose law is the law applicable …” „… ) as the ‘2nd national regime’ of that Member State. Art 8(1) clarifies that the latter is the case …” „… ) is invalid. Theoretically, a Member State could provide for such a rule as a sanction under art 10 …”

Article 166 Interest on late payments S. 692-698

„… residence is in a Member State whose currency is the euro or in a third country, the rate applied by the …” „… habitual residence is in a Member State whose currency is not the euro, the equivalent rate set by the …” „… national central bank of that Member State, plus two percentage points. 3. The creditor may recover damages …”

Article 6 No form required S. 140-142

„… declaration under art 96 CISG. However, no EU Member State has made such a declaration. In the tradition of …” „… art 1341 of the French Cc several Member States require – in principle – that a contract above a …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 A. Function The function of this short article is to state the rule that legal dealings do not …”

Abbreviations S. 20-28

„… May 1977 on the harmonization of the laws of the Member States relating to turnover taxes ‑ Common …” „… provisions of the Member States concerning liability for defective products [1985] OJ 210/29 Abbreviations XX …” „… approximation of the laws, regulations and administrative provisions of the Member States concerning liability …”

Article 21 Burden of proof S. 193-194

„… from the Distance Selling Directive;1 however, here it was for the Member State to decide whether to …” „… Financial Services Directive contained an even broader power to Member States to reverse the burden of proof …”

List of Cases S. 34-38

„… small number of Member States. From the range of obstacles to crossborder trade including tax …” „… competition, particularly in the markets of smaller Member States. (2) Contracts are the indispensable legal …” „… their operations into more Member States. Their deterrent effect is particularly strong for small and …”

Article 6 Exclusion of mixed-purpose contracts and contracts linked to a consumer credit S. 86-90

„… particular mandatory law. Where the Member State whose law is the law applicable to the contract under the …” „… has its habitual residence in a Member State whose currency is not the euro or in a third country, the …” „… equivalent amounts in the currency of that Member State or third country. Contents A. Function …”

Article 168 Rate of interest and accrual S. 704-708

„… : (a) where the creditor’s habitual residence is in a Member State whose currency is the euro or in a …” „… residence is in a Member State whose currency is not the euro, the equivalent rate set by the national …” „… central bank of that Member State, plus eight percentage points. 6. The creditor may recover damages for …”

Introduction to arts 40–47 S. 246-247

„… Directive are to be applied in the Member States from 13th June 2014. In contrast to these two older …” „… International Consumer Law, p 145. 5 As is provided in many Member States in particular cases in which the …”

Article 16 Information about the contract terms S. 176-179

„… conduct was initially a recommendation to the Member States as part of the Unfair Commercial Practices …” „… useful for the consumer to know the address of any such agency or branch in his own state, but this does …” „… unclear whether there is an obligation to state that the contract will be extended automatically after …”

Article 13 Duty to provide information when concluding a distance or off-premises contract S. 164-171

„… Directive,3 which is to be applied in the Member States from 13 June 2014. These are for the most part …” „… Rights Directive gave Member States the option of fixing a 50 EUR or lower threshold, but again only in …” „… means (arts 24–27). Part II Chapter 2 Section 4 states the general duty to ensure that the information …”

Article 167 Interest when the debtor is a consumer S. 698-704

„… habitual residence is in a Member State whose currency is the euro or in a third country, the interest rate …” „… , plus eight percentage points; (b) where the creditor’s habitual residence is in a Member State whose …” „… currency is not the euro, the equivalent rate set by the national central bank of that Member State, plus …”

Article 5 Reasonableness S. 134-140

„… declaration under art 96 CISG. However, no EU Member State has made such a declaration. In the tradition of …” „… art 1341 of the French Cc several Member States require – in principle – that a contract above a …” „… ‘reasonable’ relates to a subjective state of mind (eg expectations, belief, assumptions or reliance …”

Article 20 Duty to provide information when concluding contracts other than distance and off-premises contracts S. 189-193

„… from the Distance Selling Directive;1 however, here it was for the Member State to decide whether to …” „… Financial Services Directive contained an even broader power to Member States to reverse the burden of proof …” „… already apparent from the context. This is intended to relieve the burden and prevent the need to state …”

Article 29 Remedies for breach of information duties S. 212-216

„… information duties, but if consistency across Member States is to be promoted there needs to be more guidance …” „… 3 RegCESL (P), which states ‘the parties may agree the Common European Sales Law governs their …” „… legal personality, capacity, illegality/immorality or representation.8 The existing rules of Member …”

Article 9 Standard Information Notice in contracts between a trader and a consumer S. 99-102

„… . Article 10 Penalties for breach of specific requirements Member States shall lay down penalties for …” „… shall be effective, proportionate and dissuasive. Member States shall notify the relevant provisions to …”

Article 159 Right to damages S. 672-676

„… certainly a generally recognised remedy3 – to the laws of the Member States. The existence of the section on …” „… damages to the laws of the Member States. However, the situation becomes less clear if we take a look at …”

Article 181 Suspension in case of judicial and other proceedings S. 767-771

„… of the Member States to regulate suspension and interruption of the short limitation period,4 whereas …” „… proceedings is a natural consequence of the Directive. According to art 8 Dir No 2008/52/EC, Member States9 …”

Article 2 Good faith and fair dealing S. 126-128

„… The laws of the Member States differ very much in respect to whether they acknowledge a general duty …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A. Function The present article states a general principle underlying the entire CESL (P), namely …” „… of RegCESL (P) states, specific provisions that are manifestations of good faith and fair dealing …”

Titelei/Inhaltsverzeichnis S. 1-17

„… various EU Member States. With the publication at the present point in time, in which the European …” „… . . . . . . . . . . . . . . . . .Article 12 72 Member States’ options …”

Introduction to arts 30–39 S. 216-217

„… , capacity, illegality/immorality or representation.8 The existing rules of Member States’ civil law …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A. Function Art 30 states the requirements for the conclusion of a contract. ‘Contract’ is defined …”

Article 88 Excused non-performance S. 445-452

„… performance of the obligation. Due to the different traditions in the Member States, it would be desirable to …” „… Wendehorst/Zöchling-Jud (eds), Am Vorabend eines GEK, p 114, who states that the definition of the excused non-performance …” „… person belonging to the group of which the debtor is also a member. Impediment which cannot be overcome …”

Article 14 Information about price and additional charges and costs S. 171-174

„… possibility for Member States to lower or omit the price threshold in off-premises contracts). There are some …” „… of whether the requirement to state the manner is met by merely saying the trader will determine the …” „… the court that the creditor could simply state that it would set the rate.5 However, where the …”

Article 165 Current price S. 691-692

„… for delayed payment is: (a) where the creditor’s habitual residence is in a Member State whose …”

Article 28 Duty to ensure that information supplied is correct S. 209-212

„… relating to the approximation of the laws, regulations and administrative provisions of the Member States …” „… part of Chapter 5 ‘Defects in consent’. Therefore, one could also state that the correct and …”

Article 30 Requirements for the conclusion of a contract S. 217-221

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 A. Function Art 30 states the requirements for the conclusion of a contract. ‘Contract’ is defined …” „… ]) – omits such explicit wording. As explained by one of the members of the Expert Group, this deletion …” „… : requirement for the conclusion of the contract Paragraph 4 states that where a party makes agreement on a …”

Article 83 Meaning of ‘unfair’ in contracts between a trader and a consumer S. 419-423

„… the Member States. This is, however, in the case of the CESL (P) problematic as the CESL (P …” „… term in B2C contracts stems from art 3(1) Dir No 93/13/EEC, which states that a contractual term, which …” „… state that if a trader’s standard contract terms are unfair, they are not legally binding on the …”

Article 111 Consumer’s choice between repair and replacement S. 544-548

„… Member States. If the seller requires only remedying the lack of conformity some systems may face …” „… significant inconvenience to the consumer. 7 Feltkamp/Vanbossele, (2011) ERPL 897, who state that the standard …” „… , p 259, who states that it is not appropriate to hold expiration of the determined time period as the …”

Article 76 Language S. 402-404

„… 1 and will thus be governed by national law. As art 6(7) Dir No 2011/83/EU allows the Member States …”

Article 161 Foreseeability of loss S. 682-684

„… the Member States where damages are awarded for loss consisting of impairment of the quality of life …”

Article 11 Consequences of the use of the Common European Sales Law S. 105-109

„… made by a Member State under art 13, ie an agreement of the parties outside the scope would not qualify …” „… possibility we have. D. Criticism Whereas the first rule contained in art 11 is very clear and states …”

Article 46 Ancillary contracts S. 284-288

„… the respective national legislator,3 thus increasing the variations across the Member States. The ACQP …” „… the state in which the consumer has his habitual residence (art 6[1] Reg [EC] No 593/2008).8 D …”

Article 92 Performance by a third party S. 473-477

„… clarification necessary bearing in mind the different legal traditions of the Member States. However, this …” „… 92(2) states that even if the seller entrusts the performance to another person, the seller remains …”

Article 75 Determination by a third party S. 399-402

„… 1 and will thus be governed by national law. As art 6(7) Dir No 2011/83/EU allows the Member States …”

Article 45 Obligations of the consumer in the event of withdrawal S. 278-284

„… flexibility concerning calculation of the price exist in the individual Member States.9 Liability The …” „… ). Paragraph 1 states two possibilities for the manner in which the goods are to be returned. The first option …”

Article 12 Unilateral statements or conduct S. 157-162

„… within the EU is to be found in [2012] OJ C 33/8. In contrast to the legal terminology of some Member …” „… States, the notion of ‘working day’ does not include Saturdays. Article 12 Unilateral statements or …”

Article 39 Conflicting standard contract terms S. 241-246

„… Directive are to be applied in the Member States from 13th June 2014. In contrast to these two older …”

Article 23 Duty to disclose information about goods and related services S. 195-200

„… application of the CESL in B2B contracts only covers contracts made with SMEs, though Member States can extend …”

Article 70 Duty to raise awareness of not individually negotiated contract terms S. 380-385

„… contracts (§ 310[1][1]) Cc). In sum, the rule the in CESL (P) has no precursor in Member States’ law or in …”

Article 160 General measure of damages S. 676-682

„… . Furthermore, in the Member States where damages are awarded for loss consisting of impairment of the quality …”

Article 2 Definitions S. 50-67

„… since Dir No 85/577/EEC, and a number of Member States have filled the gap by autonomously extending the …” „… fair dealing’ (letter b) Art 2(1) CESL (P) states that each party has a duty to act in accordance with …” „… ’ applied in Gruber, recital 17 of Dir No 2001/83/EU states that where ‘the trade purpose is so limited as …”

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