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Reiner Schulze, Dirk Staudenmayer - EU Digital Law

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Reiner Schulze (ed.), Dirk Staudenmayer (ed.)

EU Digital Law

2020

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Evelyne Terryn, Joyce Vandenbulcke Article 16 Exceptions from the right of withdrawal S. 399-404

„… withdrawal period in case: (i) the trader has failed to provide information about the right of withdrawal (or …” „… about the possible costs related to exercising the right of withdrawal after the performance of the …” „… begin during the withdrawal period.12 Art. 14(4)(b) provides that the consumer shall bear no costs for …”

Evelyne Terryn, Joyce Vandenbulcke Article 14 Obligations of the consumer in the event of withdrawal S. 396-399

„… . Article 14 Obligations of the consumer in the event of withdrawal […] 2a. In the event of withdrawal from …” „… making it available to third parties. 3. Where a consumer exercises the right of withdrawal after having …” „… trader of the exercise of the right of withdrawal, in comparison with the full coverage of the contract …”

Evelyne Terryn, Joyce Vandenbulcke Article 6 Information requirements for distance or off-premises contracts S. 372-385

„… CHAPTER III CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL FOR DISTANCE AND OFF-PREMISES CONTRACTS …” „… , where applicable, the trader’s complaint handling policy; (h) where a right of withdrawal exists, the …” „… the model withdrawal form set out in Annex I(B); (i) where applicable, that the consumer will have to …”

Evelyne Terryn, Joyce Vandenbulcke Article 8 Formal requirements for distance contracts S. 385-396

„… identity of the trader, the total price, the right of withdrawal, the duration of the contract and, if the …” „… , respectively, in points (a), (b), (e), (h) and (o) of Article 6(1) except the model withdrawal form set out in …” „… model withdrawal form, shall be provided by the trader to 3. 114 Recital 35. 115 Point 4.2.5 CRD …”

Evelyne Terryn, Joyce Vandenbulcke Article 5 Information requirements for contracts other than distance or off-premises contracts S. 347-372

„… harmonisation of consumer information and the right of withdrawal in distance and off-premises contracts will …” „… and off-premises contracts. This Directive also regulates the right of withdrawal for distance and …” „… of withdrawal unless he has consented to the beginning of the performance of the contract during the …”

Christian Twigg-Flesner Article 15 Exercise of the right of termination S. 272-278

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5. Withdrawal of consent to processing personal data …” „… given to the trader may be compared with the requirements for the exercise of the right of withdrawal in …” „… decision to withdraw from the contract, either by using the model withdrawal form provided in Annex I(B) or …”

Article 11 Final provisions S. 589-596

„… , 14, 24 et seq. – retrieval A 16 58 et seq., 17 11 – withdrawal of consent A 15 18, 16 32 et seq …” „… withdrawal See Right of withdrawal – tangible medium See Tangible medium – television A 3 110, 111 …” „… withdrawal B 14 5, 6, 16 13 et seq. – trial version See Conformity Digital Services Act C 8; 6 35, 14 27 …”

Matthias Fervers Article 13 Remedy for the failure to supply S. 221-241

„… . 13 in particular do not affect the right of withdrawal resulting from Art. 9(1) CRD. According to Art …” „… with the trader; as to digital content this right of withdrawal is, according to Art. 16(m) CRD, only …” „… withdrawal.54 Thus, the consumer has, in most cases, a right of withdrawal after the conclusion of a contract …”

Beate Gsell Article 14 Remedies for lack of conformity S. 241-272

„… clarify in this context that also the right of withdrawal should be applicable. It would be far …” „… from convincing, however, to conclude per argumentum e contrario that the right of withdrawal should …” „… the European legislator had actually intended to abolish the right of withdrawal as to digital content …”

Christian Twigg-Flesner Article 18 Time limits and means of reimbursement by the trader S. 306-316

„… right of withdrawal (which does not require a lack of conformity).3 Art. 18(1) provides for the same …” „… reimburse the consumer following termination of,6 or withdrawal from,7 the contract. To date, there is no …” „… reimbursement due following a consumer’s withdrawal from a contract until goods have been returned to the trader …”

Christian Twigg-Flesner Article 16 Obligations of the trader in the event of termination S. 278-297

„… how this effects the consent to processing previously given to the consumer. As far as the withdrawal …” „… exercise the right to terminate would be sufficient to constitute withdrawal of consent to further …” „… processing was given by the consumer when entering into the contract, then the requirement that withdrawal of …”

Nils Rauer, Lea Kaase Article 5 Verification of the Member State of residence S. 560-575

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 4. Withdrawal of authorisation …” „… 58 59 60 61 62 Withdrawal of authorisation The rightholder is entitled to withdraw the authorisation …” „… unequally. Restrictions on the possibility to withdraw include any provisions that allow the withdrawal only …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 8 385 Obligations of the consumer in the event of withdrawal …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 14 396 Exceptions from the right of withdrawal …”

Christian Twigg-Flesner Article 17 Obligations of the consumer in the event of termination S. 297-306

„… obligations of a consumer following the exercise of the right of withdrawal, which has a similar effect to …” „… amount for any service received before exercising the right of withdrawal.6 II. Comparative remarks Arts …”

Juliette Sénéchal Article 2 Definitions S. 43-57

„… information duties and withdrawal rights, the Consumer Rights Directive introduced a definition of ‘digital …” „… is or is not trade-related.34 Protection under the Directive (such as the right of withdrawal) will …”

Esther Arroyo Amayuelas Article 10 Information to be provided S. 447-454

„… withdrawal as well as granting an action for damages.5 1 Recital 20 CRD. 2 See Wendehorst, 30. Application of …”

Dirk Staudenmayer Article 3 Scope S. 57-91

„… to provide it for pure consumer contracts. Although the exercise of the right of withdrawal does add …”

Dominik Lubasz, Monika Namysłowska Article 6 Information to be provided S. 429-438

„… particular as regards the withdrawal of consent to receive commercial communications or the exercise of the …”

Reiner Schulze, Dirk Staudenmayer Introduction S. 1-11

„… duties and rights of withdrawal. Most of these provisions concern distance contracts (such as contracts …”

Dominik Lubasz, Monika Namysłowska Article 5 General information to be provided S. 404-429

„… effectively implementing consumer rights and, in particular, the right of withdrawal.43 In interpreting that …”

Reiner Schulze Article 1 Subject matter and purpose S. 11-43

„… . In addition, the provisions of Directive 2011/83/EU on, for example, the right of withdrawal and the …”

doi.org/10.5771/9783845291888

Wolfgang Zellner, Hans-Joachim Schmidt, Götz Neuneck - Die Zukunft konventioneller Rüstungskontrolle in Europa. The Future of Conventional Arms Control in Europe

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Wolfgang Zellner (ed.), Hans-Joachim Schmidt (ed.), Götz Neuneck (ed.)

Die Zukunft konventioneller Rüstungskontrolle in Europa. The Future of Conventional Arms Control in Europe

Series: Demokratie, Sicherheit, Frieden

Volume 194 2009

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Withdrawal of the Russian Forces from Moldova – The Key to Revitalizing the CFE Treaty S. 292-302

„… 292 Mihai Gribincea Withdrawal of the Russian Forces from Moldova – The Key to Revitalizing …” „… the CFE Treaty Early Attempts to Bring about Russian Withdrawal Since the collapse of the …” „… withdrawal of Russian troops from its territory. The first such mechanism employed by Moldova for this …”

The CFE Treaty, or: Can Europe Do Without Cooperative Security? S. 52-64

„… withdrawal, effective as of 13 June 2002, from the Anti-Ballistic Missile Treaty (ABM), the most important …” „… Moldova. A joint Georgian- Russian statement contained the following key points: partial withdrawal of …” „… withdrawal. From the mid-1990s onwards, Georgia also began to gain importance in the West as a transit …”

Conventional Arms Control and CFE S. 261-266

„… , where alliance membership has outrun Treaty participation. Withdrawal/suspension. The Treaty, in …” „… both current and adapted forms, has a withdrawal clause, but no specific provisions for suspension …” „… principles of international law and a lesser right included under the withdrawal provision. Most others have …”

Tactical Nuclear Weapons: Easiest Solution, Hardest Problem on the American Arms Control Agenda S. 541-548

„… , declaring a Presidential Nuclear Initiative which resulted in the withdrawal and destruction of all …” „… , Canada, and Germany, have called for the withdrawal of the weapons, NATO on the whole has not addressed …” „… withdrawal as a first priority absent an unexpected NATO crisis. At best, the governments opposed to TNF …”

CFE Regime Building in Georgia and South Caucasus S. 314-324

„… Adaptation of the CFE Treaty. This document placed the onus on Russia to start negotiations on the withdrawal …” „… Parliamentary Committee on Security and Defense, the state policy gave priority to the withdrawal of the …” „… increased with the Russian withdrawal from the CFE Treaty at the end of 2007 and the Russian-Georgian war …”

European Security and the Treaty on Conventional Armed Forces in Europe S. 245-253

„… capacity of the European arms control regime seems to be less important than the withdrawal of a thousand …” „… immediate 252 withdrawal of the Russian military personnel (including peacekeepers) from the …”

Arms and the Man: The Conundrums of Control S. 30-38

„… withdrawal of the remaining Russian forces from Georgia and Moldova – in accordance with an enhanced …” „… withdrawals, and it became less prepared to do so the more the Georgian and Moldovan regimes aired their …”

Regional Instabilities and Conventional Arms Control S. 403-412

„… 2005 on base withdrawal from Georgia, hopes arose about a similar scenario in Moldova. The three …” „… control itself. Georgia is a case in point. After the deal providing for Russian military withdrawal in …”

Titelei/Inhaltsverzeichnis S. 1-8

„… des KSE-Vertrags 280 Withdrawal of the Russian Forces from Moldova – The Key to Revitalizing the …”

Conventional Arms Control in Europe – Quality, Quantity, and Stability S. 222-234

„… in return for a Soviet withdrawal of 68,000 soldiers and 1,700 tanks.11 This proposal clearly …” „… such as the US might take several months) while Russia commenced its withdrawals. Once the forces had …”

Is the CFE Process Ready for the “Reset Button”? S. 380-391

„… subsequent withdrawal of Soviet troops from their forward deployed locations. The flank limitations, on the …” „… dominated by separatism, and, 386 beyond a certain point, the withdrawal of treaty-limited armaments …”

The Agreement on Sub-regional Arms Control (Florence Agreement) S. 450-464

„… weapons”, or the time-table for the withdrawal of forces and armaments to cantonments/barracks. Annex 1 …” „… the withdrawal from Kosovo, and re-established full cooperation with the implementation, including …”

The Collapse of the CFE Treaty and the Prospects for Conventional Arms Control in Europe S. 184-189

„… them being a hasty – unprecedented in history by its scale and speed – withdrawal of Soviet forces …”

European Security and Conventional Arms Control: An Agenda for the 21<sup>st</sup> Century S. 144-152

„… lack of complete fulfillment of the “Istanbul Commitments” (primarily related to the withdrawal of …”

CFE in the Current Strategic Environment S. 199-206

„… Russia of its so-called Istanbul commitments on the 200 withdrawal of its remaining forces stationed in …”

Conventional Arms Control in Europe at the Strategic and Sub-regional Levels: The Balance of Military Capabilities – a Valid Concept? S. 475-483

„… of membership – the dramatic development of several local conflicts and the large-scale withdrawal …”

Arms Control’s Groundhog Days S. 117-133

„… of 2002. NATO Allies supported the withdrawal of Russian forces by providing both financial support …”

Ways out of the Crisis: Approaches for the Preservation of the CFE Regime S. 347-365

„… complete withdrawal of Russian units from Transdniestria before a peace settlement is reached. In its …”

doi.org/10.5771/9783845217833

Kerstin von der Decken, Angelika Günzel - Staat – Religion – Recht

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Kerstin von der Decken (ed.), Angelika Günzel (ed.)

Staat – Religion – Recht

2020

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Christian Heitsch Brexit under Common Law Constitutionalism: An Analysis of the United Kingdom’s Withdrawal Legislation S. 1037-1056

„… Brexit under Common Law Constitutionalism: An Analysis of the United Kingdom’s Withdrawal …” „… legislation giving effect to the UK’s withdrawal from the European Union (hereafter: “the Withdrawal …” „… Legislation”). The relevant enactments are the European Union (Withdrawal) Act 20182 (hereafter: “the 2018 Act …”

Titelei/Inhaltsverzeichnis S. 1-16

„… Law Constitutionalism: An Analysis of the United Kingdom’s Withdrawal Legislation 1037 Christian …”

Achilles C. Emilianides, Christina Ioannou A Financial Crisis as Limitation to a Fundamental Right to Protection of Deposits under European Union Law? S. 937-954

„… depositors from making panic withdrawals from their bank, thus preventing severe economic consequences.12 DGS …”

Volker Krey About the Criminal Liability of Wives for Adultery: A classic Example of oppressing Women. Reflections on Legal History. Pre-State Societies, the Code of Hammurabi with Sumerian Precursors, and German... S. 63-90

„… : ostgotisch) troops on the other side,97 led to Attila’s withdrawal out of Gaul/ France. Fortunately, he died …”

doi.org/10.5771/9783748909873

Gordian N. Hasselblatt - Community Trade Mark Regulation

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Gordian N. Hasselblatt (ed.)

Community Trade Mark Regulation

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2015

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Withdrawal, restriction and amendment of the application S. 667-671

„… also issue an order for cost.81 SECTION 5 Withdrawal, restriction, amendment and division of the …” „… application Article 43 Withdrawal, restriction and amendment of the application 1. The applicant may at any …” „… therein. Where the application has already been published, the withdrawal or restriction shall also be …”

Request for the application of national procedure S. 1047-1060

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 b) Withdrawal or surrender of CTM …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 aa) Withdrawal of CTM application …” „… occur when the class fees have not been (fully) paid (Art. 36 (5) CTMR, R. 9 (5) CTMIR).9 – Withdrawal …”

Costs S. 903-923

„… had reached an agreement on costs after the withdrawal/restriction, the already issued decision on …” „… subject to repayment. Exceptions2 are laid down in Rule 18 (5) (withdrawal of opposition during …” „… (partial withdrawal of trade mark, but entire withdrawal of the goods and services subject to the …”

Division of the application S. 671-678

„… specific provisions regarding the publication of the withdrawal, restriction or amendment if they occur …” „… mutandis. IV. Procedure 24 There are no specific rules of procedure for withdrawal or for restriction. A …” „… the decision of the Court of First Instance8 ‘the withdrawal in whole or in part of an application for …”

Counterclaims S. 988-1000

„… consequence that a counterclaim could be deprived of its foundation retroactively by a withdrawal of the …” „… action, may thus not be withdrawn only at the time the counterclaim is raised, because a withdrawal of an …” „… action ends its pendency. A withdrawal of the main action at a later date is irrelevant, however …”

Index S. 1598-1627

„… of registered CTM 112 24 et seq. 38 et seq. – withdrawal of CTM application 112 34 et seq …” „… . – withdrawal or surrender of CTM 112 33 Exclusion of examiners or members of BoA 137 1 et seq. Exclusive …” „… national procedures 112 6 – withdrawal, restitution and amendment of the application 44 5 Madrid system 145 …”

Fees regulations S. 1161-1171

„… ‘replacing’ the first application, such instruction can only be understood as a withdrawal of the first …” „… . opposition, cancellation, appeal) before the end of the time limit, the withdrawal will equally be understood …” „… (20.06.2013, R1017/2013-2, REHAB, withdrawal of the appeal on the next day after filing the appeal; 5.8.2013 …”

Seniority S. 1212-1215

„… any declaration of a loss of the right of seniority as well as of any withdrawal or restriction of the …” „… Finally, OHIM shall notify the International Bureau of any further final decision, including withdrawal …”

Examination of opposition S. 657-667

„… final. The Office will also issue an order for cost.81 SECTION 5 Withdrawal, restriction, amendment and …” „… division of the application Article 43 Withdrawal, restriction and amendment of the application 1. The …” „… services contained therein. Where the application has already been published, the withdrawal or restriction …”

Registration S. 678-681

„… where any opposition entered has been finally disposed of by withdrawal, rejection or other disposition …”

Periodical publications S. 940-943

„… to previously published CTM applications, such as correction of errors, withdrawals, restrictions …”

Termination of financial obligations S. 900-903

„… the opposition proceedings are closed following a withdrawal or restriction of the application, the …”

Actions before the Court of Justice S. 757-797

„… covered by the Community trade mark applied-for as an implicit partial withdrawal of the action57. The GC …” „… construes the implicit partial withdrawal narrowly. In case Peri v OHIM (forme d’un tendeur a` vis)58 the …”

Titelei/Inhaltsverzeichnis S. 1-27

„… ........................................................................................ 630 SECTION 5 Withdrawal, restriction, amendment and division of the application …” „… ....................... 640 Article 43 Withdrawal, restriction and amendment of the application …”

Surrender S. 693-697

„… Article 56 (1) shall be conditional upon the final rejection or withdrawal of the application for …”

Poland S. 1425-1430

„… court may order their withdrawal from the market, may transfer the title to the goods to the plaintiff …”

Luxembourg S. 1406-1413

„… commerce, the definitive withdrawal from the channels of commerce or the destruction of the infringing …”

Examination as to absolute grounds for refusal S. 615-631

„… accordance with Art. 44 CTMR. 55Although a refusal of registration and a withdrawal of the application have …” „… the same legal consequence, i. e. the failure to achieve registration of the trade mark, a withdrawal …”

Annex 2 COMMISSION REGULATION (EC) No 2868/95 S. 1488-1533

„… withdrawal or restriction of the application or pursuant to paragraph 3, the opposition fee shall be refunded …” „… withdrawal, rejection or other disposition, the trade mark applied for and the particulars referred to in …”

Means whereby a Community trade mark is obtained S. 90-96

„… of, e. g. by withdrawal or rejection, the mark applied for is recorded in the Register and the …”

Latvia S. 1386-1395

„… , recalling the goods from sale and/or withdrawal of advertisements and promotion activities, destruction of …”

Right of priority S. 578-586

„… , however, is not considered by OHIM since the withdrawal of the national trade mark application solely …”

Grounds for revocation S. 697-708

„… conditional upon the final rejection or withdrawal of the application for revocation or for a declaration of …”

Opposition S. 637-657

„… if the opposition proceedings are closed following a withdrawal or restriction of the application or …”

doi.org/10.5771/9783845258904

Peter Schniering - U.S. Climate Policy and Technology

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Peter Schniering

U.S. Climate Policy and Technology

Series: Nomos Universitätsschriften - Politik

Volume 149 2008

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The Administration’s 2001 Withdrawal: Circumstances and Reactions S. 57-64

„… withdrawal. This chapter will provide a detailed assessment of this alternative instrument, the …” „… perspective? Which other components are of importance? 1. The Administration’s 2001 Withdrawal: Circumstances …” „… U.S. withdrawal from the Kyoto Protocol. The risk of disproportionate harm to the U.S. economy has …”

The Kyoto Protocol: Concept and Criticism S. 48-56

„… mechanisms. This process from 1997 to the end of 2001 was also aggravated by the withdrawal of the United …” „… the U.S. Withdrawal After critically shaping the final form of the Kyoto Protocol, the United States …” „… announced its withdrawal from the treaty in March 2001 – about two months after the inauguration of …”

U.S. Activities in an International Framework S. 44-48

„… withdrawal from the absolute-target process and the development of its alternative political strategy. 3. U.S …” „… . Following the withdrawal of the United States from the Protocol after President George W. Bush’s …” „… few major parties due to the U.S. withdrawal: “The resulting deal [...],” Joanna Depledge argues, “has …”

The Relevance of U.S. Strategy S. 37-44

„… When President George W. Bush announced the United States’ withdrawal from the Kyoto Protocol in 2001 …” „… be avoided.69 Through its withdrawal, the U.S. left supporters of the Kyoto Protocol (such as the …” „… it 69 Given the requirements of the Protocol, this withdrawal severely aggravated reaching the …”

Strengths and Weaknesses of the Administration’s Strategy S. 173-181

„… emphasized that they were only partially responsible for the abrupt withdrawal from the Kyoto Protocol and …” „… , the turbulences within the international regime after the withdrawal from the Kyoto Protocol and the …” „… cooperation and referred to substantial funding commitments,567 the unfortunate withdrawal from the Kyoto …”

The Burden of Insufficient Credibility S. 164-173

„… withdrawal from the Kyoto Protocol – the first chapter pointed out that this international treaty can be …” „… abrupt withdrawal from the Kyoto Protocol in 2001 was the starting point and accompanied by a breach of …” „… 2001. 168 change is in strong contrast to his failure in stabilizing emissions), Bush’s withdrawal from …”

An Alternative Instrument to the Kyoto Protocol: The U.S. Global Climate Change Initiative S. 64-72

„… future. Given this sudden withdrawal with disastrous consequences for the initial approach, the …” „… Components of the Bush Administration’s Climate Strategy From the initial withdrawal in March 2001 to the …”

Introduction S. 13-22

„… administration’s strategy, most notably its withdrawal from the Kyoto Protocol and the design and concrete …” „… before the 2001 withdrawal? How do the two approaches differ in targets and methodology; what factual …”

Titelei/Inhaltsverzeichnis S. 2-10

„… : Voluntarism and Technology 57 1. The Administration’s 2001 Withdrawal: Circumstances and Reactions …”

Additional Climate Policy Measures S. 72-75

„… promoted by a rhetorical strategy which explains and defends the 2001 withdrawal from the Kyoto process and …”

Technology as the Solution S. 77-80

„… withdrawal from regulatory agreements or the funding focus in the federal budget) can also be traced in many …”

‘American Opportunities’ S. 202-206

„… the 2001 withdrawal from the Kyoto Protocol had 652 Heating up at last?, in: The Economist. 653 IEA …”

Suggestions for U.S. (and European) Climate Policy: Immediate Policy Steps and Future Agreements S. 197-202

„… administration’s policy since the 2001 withdrawal from the Kyoto Protocol had 652 Heating up at last?, in: The …”

Beyond the Federal Administration: Climate Policy in Congress, at the State Level, and ‘Grass Roots’ Activities S. 189-197

„… climate-related bills since the withdrawal from the Kyoto Protocol and Dian Gruenreich, a Commissioner with the …”

“The Apocalypse is Upon Us!” The 2005 Hurricane Season and Record Oil Prices S. 181-189

„… other of ‘politicizing’ international panels like the IPCC. This led to the withdrawal of hurricane …”

Outlook S. 207-220

„… approach was criticized massively for the withdrawal from the Kyoto Protocol and the lack of more …”

doi.org/10.5771/9783845205984

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