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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Gilles Cuniberti Article 58 Withdrawal of declarations S. 1413

„… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… withdrawal is to take effect on the first day of the month following the expiration of six months after the …” „… Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all …”

Eckart J. Brödermann Article 2.1.3 (Withdrawal of offer) S. 502

„… to contract formation under the circumstances of Art. 2.14(2).14 Article 2.1.3 (Withdrawal of offer …” „… , may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. A …” „… ” see Art. 1.10(3). B. Any Withdrawal Must be Clear2 The frustration of contract conclusion by …”

Eckart J. Brödermann Article 2.1.10 (Withdrawal of acceptance) S. 508

„… ) that the notice of acceptance was sent timely.12 Article 2.1.10 (Withdrawal of acceptance) An …” „… acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the …” „… with Art. 2.1.3(2) 1 for the withdrawal of offers. Article 2.1.11 (Modified acceptance) (1) A reply to …”

Lisa Spagnolo Article 15 CISG S. 70-73

„… if the withdrawal reaches the offeree before or at the same time as the offer. I. Overview …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 III. Withdrawal …” „… avoided by the offeror. Article 15 CISG outlines one of these, being withdrawal of the offer. The other …”

Lisa Spagnolo Article 22 CISG S. 112-113

„… resold the goods after the offer lapsed. Article 22 CISG An acceptance may be withdrawn if the withdrawal …” „… Article 22 CISG parallels Art. 15(2) in relation to withdrawal of offers, thereby expressing the same …” „… general principle for acceptances. Withdrawal of an acceptance is possible provided it reaches the offeror …”

Gilles Cuniberti Article 57 Subsequent declarations S. 1413

„… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… withdrawal is to take effect on the first day of the month following the expiration of six months after the …” „… Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all …”

Gilles Cuniberti Article 59 Denunciations S. 1413

„… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… withdrawal is to take effect on the first day of the month following the expiration of six months after the …” „… Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all …”

Gilles Cuniberti Article 60 Transitional provisions S. 1413

„… Withdrawal of declarations 1. Any State Party having made a declaration under this Convention, other than a …” „… withdrawal is to take effect on the first day of the month following the expiration of six months after the …” „… Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all …”

Eckart J. Brödermann Article 2.1.4 (Revocation of offer) S. 502

„… to contract formation under the circumstances of Art. 2.14(2).14 Article 2.1.3 (Withdrawal of offer …” „… , may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer. A …” „… ” see Art. 1.10(3). B. Any Withdrawal Must be Clear2 The frustration of contract conclusion by …”

Erik Evtimov, Tetyana Payosova Article 2 Declaration concerning liability in case of death of, or personal injury to, passengers S. 1087

„… notification to the Depositary. This withdrawal shall take effect one month after the day on which the …” „… procedural rule for the COTIF Member States on withdrawal of reservations made under Article 1 § 6. Article 2 …” „… accordance with § 1 may withdraw it at any time by notification to the Depositary. This withdrawal shall take …”

Eckart J. Brödermann Article 2.1.11 (Modified acceptance) S. 508

„… ) that the notice of acceptance was sent timely.12 Article 2.1.10 (Withdrawal of acceptance) An …” „… acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the …” „… with Art. 2.1.3(2) 1 for the withdrawal of offers. Article 2.1.11 (Modified acceptance) (1) A reply to …”

Peter Mankowski Article 97 CISG S. 414

„… notification in writing addressed to the depositary. Such withdrawal is to take effect on the first day of the …” „… depositary. (5) A withdrawal of a declaration made under article 94 renders inoperative, as from the date on …” „… which the withdrawal takes effect, any reciprocal declaration made by another State under that article …”

Peter Mankowski Article 98 CISG S. 414

„… notification in writing addressed to the depositary. Such withdrawal is to take effect on the first day of the …” „… depositary. (5) A withdrawal of a declaration made under article 94 renders inoperative, as from the date on …” „… which the withdrawal takes effect, any reciprocal declaration made by another State under that article …”

Peter Mankowski Article 39 S. 458

„… notification addressed to the Secretary General of the United Nations. Such withdrawal shall take effect on the …” „… 34 of this Convention, such withdrawal shall also render inoperative, as from the date on which the …” „… withdrawal takes effect, any reciprocal declaration made by another State under that article. (1) was …”

Peter Mankowski Article 40 S. 458

„… notification addressed to the Secretary General of the United Nations. Such withdrawal shall take effect on the …” „… 34 of this Convention, such withdrawal shall also render inoperative, as from the date on which the …” „… withdrawal takes effect, any reciprocal declaration made by another State under that article. (1) was …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… of withdrawal CISG 22 8 – effective upon receipt UNIDROIT 2.1.6 5 – full days vs hours CISG 20 6 …” „… is approval effective CISG 21 12 et seqq. – withdrawal of acceptance CISG 18 30, 22 1; UNIDROIT …” „… 2.1.3 2, 2.1.10 – withdrawal of approval CISG 21 16 – withdrawal of different terms CISG 19 24 …”

Gilles Cuniberti Article 62 Depositary and its functions S. 1415

„… declaration made in accordance with this Convention, together with the date thereof; (iv) the withdrawal or …” „… , together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration …”

Gilles Cuniberti Article 22 Searches S. 1386

„… , withdrawals of declaration and of the categories of nonconsensual right or interest communicated to the …” „… 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded …”

Gilles Cuniberti Article 23 List of declarations and declared non-consensual rights or interests S. 1386

„… , withdrawals of declaration and of the categories of nonconsensual right or interest communicated to the …” „… 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded …”

Gilles Cuniberti Article 24 Evidentiary value of certificates S. 1386

„… , withdrawals of declaration and of the categories of nonconsensual right or interest communicated to the …” „… 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded …”

Eckart J. Brödermann Article 1.11 (Definitions) S. 497

„… . Withdrawal of a Notice In analogy to Arts. 2.1.3 and 2.1.10, a withdrawal of a notice must reach the …”

Eckart J. Brödermann Article 7.4.13 (Agreed payment for non-performance) S. 695-697

„… withdrawal from a contract16 (by providing for a price for a permissable withdrawal17 so that the withdrawal …”

Article 32 Regional provisions concerning liability S. 1070

„… the event of withdrawal, the provisions concerning liability referred to in paragraph 1 shall cease to …” „… in the notification. The withdrawal shall not apply to contracts of carriage signed before the …”

Lisa Spagnolo Article 21 CISG S. 105-111

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6. Withdrawal of approval …” „… reach the offeree, so that technical disruptions would not prevent conclusion of a contract. Withdrawal …” „… withdrawal,36 the better view is that it cannot be withdrawn, particularly given approval can be effective …”

Lisa Spagnolo Article 23 CISG S. 114-115

„… VII. Effect of withdrawal and risks Whether acceptance was timely or late, effective withdrawal …”

Eckart J. Brödermann Article 10.5 (Suspension by judicial proceedings) S. 773-774

„… a withdrawal of a procedure14 (whereby, even if the rapporteur had procedural rules in mind, it …” „… should not matter in which law the law of the court has regulated the effect of a withdrawal of a …”

Lisa Spagnolo Article 16 CISG S. 74-78

„… withdrawal arriving after the offer can still take effect as a revocation,40 just as a declaration of …” „… revocation can be effective as a withdrawal should it reach the offeree before the offer.41 The right to …” „… left to Art. 16 alone, so that revocation rather than withdrawal is effected by publication reaching …”

Lisa Spagnolo Article 18 CISG S. 81-92

„… way, rejection has similar effect to withdrawal.15 Once an offer is terminated in this way, a contract …” „… discussion above.17 A rejection can be precluded from taking effect if a withdrawal of the rejection reaches …” „… , withdrawal of a rejection may sometimes amount to acceptance.19 Article 18 CISG (1) A statement made by or …”

Erik Evtimov, Tatyana Payosova Article 1 Scope S. 1128-1131

„… the Depositary. This withdrawal shall take effect one month after the day on which the Depositary …” „… procedural provisions with respect to withdrawal of a reservation in regards of the “negative lists” based on …”

Peter Mankowski Article 41 S. 459

„… made by three or more States it is brought down whenever a single of the States notifies its withdrawal …”

Peter Mankowski Article 42 S. 459

„… made by three or more States it is brought down whenever a single of the States notifies its withdrawal …”

Peter Mankowski Article 43 S. 459

„… made by three or more States it is brought down whenever a single of the States notifies its withdrawal …”

Peter Mankowski Article 43bis (Article X of the Protocol) S. 459

„… made by three or more States it is brought down whenever a single of the States notifies its withdrawal …”

Gilles Cuniberti Article 53 Determination of courts S. 1412

„… these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made …”

Gilles Cuniberti Article 54 Declarations regarding remedies S. 1412

„… these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made …”

Gilles Cuniberti Article 55 Declarations regarding relief pending final determination S. 1412

„… these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made …”

Gilles Cuniberti Article 56 Reservations and declarations S. 1412

„… these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made …”

Article 33 Signature, ratification, acceptance, approval, accession S. 1071

„… of Article 32.2 concern the entering into force of such a declaration, Article 32.3 its withdrawal …”

Article 34 Entry into force S. 1071

„… of Article 32.2 concern the entering into force of such a declaration, Article 32.3 its withdrawal …”

Eckart J. Brödermann Article 7.3.2 (Notice of termination) S. 662

„… from the Art. 1.10 regime with respect to the withdrawal of a notice). 7 Offcial Comments, Art. 7.3.2 …”

Article 30 Carriage by way of specific inland waterways S. 1068

„… . The withdrawal of these declarations shall not have any effect on contracts already concluded. The …”

Eckart J. Brödermann Article 10.7 (Alternative dispute resolution) S. 777-778

„… (ii) ‘until the proceedings have been otherwise terminated’, e.g. by withdrawal, settlement or an …”

Lisa Spagnolo Article 17 CISG S. 79-80

„… effective revocation terminates the offer. Like withdrawal under Art. 15(1), an effective revocation of an …”

Peter Mankowski Article 92 CISG S. 407-408

„… : Reservations and Transformation Reconsidered’, Nordic Journal of Commercial Law 2013, 1; Schroeter, ‘Withdrawal …”

Titelei/Inhaltsverzeichnis S. I-XLVI

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 2.1.2 501 Withdrawal of offer …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 2.1.9 507 Withdrawal of acceptance …”

Lisa Spagnolo Article 24 CISG S. 116-129

„… declarations of offer (Art. 14), fixing period for acceptance (Art. 20(1)), withdrawal and revocation of offer …” „… (Arts. 15(2) and 16(1)), rejection of offer (Art. 17), acceptance (Art. 18), and withdrawal of …”

Raimond Emde Introduction S. 1247-1264

„… , which was published on 18 December 1986 after withdrawal of the vetoes lodged against the adoption by …”

doi.org/10.5771/9783845276564

Kai Ambos, Otto Triffterer - The Rome Statute of the International Criminal Court

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Kai Ambos (ed.), Otto Triffterer (ed.)

The Rome Statute of the International Criminal Court

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2016

Results in this title

Roger S. Clark . Withdrawal S. 2323-2325

„… 13:46:59 3B2 9.1.580; Page size: 160.00mm 240.00mm Article 127 Withdrawal 1. A State Party may, by …” „… . The withdrawal shall take effect one year after the date of receipt of the notification, unless the …” „… notification specifies a later date. 2. A State shall not be discharged, by reason of its withdrawal, from the …”

Roger S. Clark . Amendments S. 2299-2305

„… Charter contains no express power of withdrawal but there was an understanding in Committee that it would …” „… thus provides a precedent for the present provision. See also on withdrawal article 56 para. 1 VCLT …” „… (withdrawal from treaty which has no withdrawal provision is not possible unless it is ‘established that the …”

Roger S. Clark . Amendments to provisions of an institutional nature S. 2306-2308

„… immediate withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 …” „… case may be. 2. No right to immediate withdrawal 7In the case of amendments to which article 121 paras …” „… has an immediate right to withdraw from the Statute3. No such immediate right of withdrawal is …”

Elisa Freiburg, Andreas Zimmermann bis. Exercise of jurisdiction over the crime of aggression (State referral, proprio motu) S. 742-765

„… the Registrar. The withdrawal of such a declaration may be effected at any time and shall be …” „… . Withdrawal of opt-out declarations (Article 15 para. 4 2nd sentence) . . . . . . . . . 32 1. ‘The withdrawal …” „… law of treaties, which requires a reasonable time for withdrawal even when it comes to treaties that …”

Eleni Chaitidou, Mohamed M. El Zeidy, William A. Schabas . Confirmation of the charges before trial S. 1485-1551

„… hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor …” „… shall notify the Pre-Trial Chamber of the reasons for the withdrawal. 5. At the hearing, the Prosecutor …” „… . . . . . . . . . . . . . . . . . . . . . 45 IV. Paragraph 4: Amendment to or withdrawal of charges before the hearing. . . . 80 V. Paragraph 5 …”

Michael Bohlander, Otto Triffterer . The Court S. 16-22

„… scenario must be distinguished from the withdrawal by a State Party from the Statute. Article 127(2) orders …” „… that such a withdrawal shall not ‘prejudice in any way the continued consideration of any matter which …” „… was already under consideration by the Court prior to the date on which the withdrawal became …”

Hirad Abtahi, Rebecca Young . Excusing and disqualification of judges S. 1259-1267

„… withdrawal from the case of The Prosecutor v. Uhuru Muigai Kenyatta, Presidency, 30 January 2014, ICC …” „… withdrawal from the case of The Prosecutor v. Uhuru Muigai Kenyatta, Presidency, 30 January 2014, ICC …” „… withdrawal from the case of The Prosecutor v. Uhuru Muigai Kenyatta, Presidency, 30 January 2014, ICC …”

Maarten Halff, David Tolbert, Renan Villacis . Assessment of contribution S. 2268-2271

„… subsequent accession (and withdrawal) of each State Party. However, it would be impractical to have the …”

Index S. 2328-2353

„… withdrawal of charges before the hearing 61 80 et seq., 146 et seq. – conduct 61 112 et seq. – decision …” „… effects 15bis 29 – timing of withdrawal 15bis 32 – withdrawal 15bis 32 et seq. Oral or recorded testimony …”

Roger S. Clark, Gerhard Hafner . Reservations S. 2284-2298

„… communication to the Secretary-General the withdrawal of its declaration with regard to Greenland, New Zealand …” „… ratification of the Statute would entail the withdrawal of the reservations with relation to the Additional …”

Andreas Zimmermann . Transitional Provision S. 2313-2318

„… , Withdrawal of Declaration, C.N.592.2008.TREATIES-5, Depositary Notification (August 13, 2008) available at …”

Fabricio Guariglia, Gudrun Hochmayr . Proceedings on an admission of guilt S. 1622-1635

„… trial, withdrawal of charges depends on the permission of the Trial Chamber,87 substantial components of …” „… trial, the Prosecutor must seek the permission of the Pre-Trial Chamber for the withdrawal of charges …”

Eleni Chaitidou . Referral of a situation by a State Party S. 704-725

„… Prosecutor, International Criminal Court Briefing Series 1, Vol. IV (July 1997); Maged, A., ‘Withdrawal of …” „… Out? The Question of Unilateral Withdrawals or Referral to the ICC and Other Human Rights Courts …” „… withdrawal, see, for example, El Zeidy, in: Stahn and Sluiter (eds.), The Emerging Practice of the …”

Bruce Broomhall . Rules of Procedure and Evidence S. 1333-1352

„… accepted it, such States are given the option of immediate withdrawal from the Statute by article 121 para …” „… 5–8 once a year has passed after its entry into force (article 121 para. 6), in that withdrawal is the …”

Michael Bohlander . Qualifications, nomination and election of judges S. 1217-1226

„… the International Criminal Court – Addendum – Withdrawal of candidature’ (ICC-ASP/12/45/Add.1-Eng …”

Andreas Zimmermann . Crimes within the jurisdiction of the Court S. 112-127

„… , International Law, and the ICC: An Argument for the Withdrawal of Aggression from the Rome Statute’, (2005) 43 …”

Titelei/Inhaltsverzeichnis S. I-XL

„… ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 2320 Article 127. Withdrawal …”

Alejandro Kiss, Otto Triffterer . Requirements for the decision S. 1827-1853

„… proceedings and decisions on requests for withdrawal of charges). In these scenarios, the judges may decide to …”

GILBERT BITTI . Functions and powers of the Trial Chamber S. 1589-1621

„… wants to withdraw charges, the Trial Chamber may oppose such a withdrawal96. 20 Concerning national …”

Yvonne McDermott, William A. Schabas . Rights of the accused S. 1651-1681

„… , Notice of withdrawal of the charges against Uhuru Muigai Kenyatta, ICC-01/09-02/ 11, 5 Dec. 2014. 107 …”

David Donat-Cattin . Protection of victims and witnesses and their participation in the proceedings S. 1682-1712

Astrid Reisinger Coracini, Immi Tallgren . Ne bis in idem S. 900-932

„… , withdrawal, reclassification83 or nonconfirmation of charges, see, e. g., article 61 para. 7 (c) (ii) and …”

Elisa Freiburg, Andreas Zimmermann bis. Crime of aggression S. 581-619

Rod Rastan . Protection of national security information S. 1776-1816

Mohamed M. El Zeidy, William A. Schabas . Issues of admissibility S. 782-832

Roberta Arnold, Elisabeth Baumgartner, Michael Cottier, Knut Dörmann, Robin Geiß, Julia Grignon, David Krivanek, Sabine Mzee, Emilia Richard, Stefan Wehrenberg, Andreas Zimmermann . War crimes S. 296-580

„… international character from July 2002 to 2 June 2003, the date of the effective withdrawal of the Ugandan army …”

doi.org/10.5771/9783845263571

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 42 Withdrawal period S. 265-269

„… exercising his right of withdrawal, he has fulfilled the requirements in art 41. This provision is consistent …” „… the notice of withdrawal before the end of the withdrawal period (art 41[1], [4] in conjunction with …” „… contract. Proving this latter aspect can be achieved by showing that the model withdrawal form (Appendix 2 …”

Article 43 Effects of withdrawal S. 269-273

„… the right of withdrawal (art 17[1]) at the correct time (namely before the contract was concluded or …” „… the initial withdrawal period has expired (ie within the time frame foreseen by paragraph 2 letter a …” „… period in which to exercise the right of withdrawal: it is rather more appropriate to afford him with the …”

Appendix 2 Model withdrawal form S. 784-786

„… Appendix 2 Model withdrawal form (complete and return this form only if you wish to withdraw from …” „… as appropriate. Model withdrawal form Appendix 2 747 ANNEX II STANDARD INFORMATION NOTICE The …” „… telephone). The trader must provide you with information and a Model withdrawal form.1 If the trader has not …”

Appendix 1 Model instructions on withdrawal S. 780-784

„… Appendix 1 Model instructions on withdrawal Right of withdrawal You have the right to withdraw from …” „… this contract within 14 days without giving any reason. The withdrawal period expires after 14 days …” „… from the day 1 . To exercise the right of withdrawal, you must inform us ( 2 ) of your decision to …”

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

„… Article 45 Obligations of the consumer in the event of withdrawal 1. The consumer must send back …” „… goods during the withdrawal period. 5. Where the consumer exercises the right of withdrawal after having …” „… made an express request for the provision of related services to begin during the withdrawal period …”

Article 44 Obligations of the trader in the event of withdrawal S. 273-278

„… II. Wording of art 43(b) Where the effect of the withdrawal on the offer made by a consumer is …” „… contract. In contrast to the wording of art 43, the withdrawal of an offer therefore does not end the …” „… offer ‘lapses’. Article 44 Obligations of the trader in the event of withdrawal 1. The trader must …”

Article 17 Information about rights of withdrawal when concluding a distance or off-premises contract S. 179-182

„… Information about rights of withdrawal when concluding a distance or off-premises contract 1. Where the …” „… consumer has a right of withdrawal under Chapter 4, the information to be provided under point (e) of …” „… accordance with Appendix 1, as well as the model withdrawal form set out in Appendix 2. 2. Where applicable …”

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

„… withdrawal in all contracts of a low financial value, or the other extreme of always granting a right of …” „… withdrawal, even for low-value contracts. The Member States could rather select a compromise, which could …” „… also be considered for the CESL (P): the right of withdrawal is inapplicable only in lowvalue contracts …”

Article 40 Right to withdraw S. 247-260

„… thus a significant element of EU contract law.2 A characteristic of the rights of withdrawal in EU …” „… presumed disadvantage, the party is granted additional time (the withdrawal period) before it is bound …” „… completely by the contract. The right of withdrawal during this time shall expand the scope of action of the …”

Introduction to arts 40–47 S. 246-247

„… Introduction to arts 40–47 Under arts 40–47 the consumer is granted a right of withdrawal when concluding …” „… requirements that are to be fulfilled in order for the right of withdrawal to be granted (art 40[1] and [2] to …” „… – the manner of withdrawal and the withdrawal period (arts 41 and 42), the effects of the withdrawal …”

Article 47 Mandatory nature S. 288-291

„… withdrawal are determined in accordance with the applicable national law. The national law governing the …” „… restitution in the event of a withdrawal, in particular arts 44 and 45, questions may be raised regarding the …” „… withdrawal with regard to the ancillary contract, the trader – in accordance with art 17(5) – is merely to …”

Article 46 Ancillary contracts S. 284-288

„… service during the withdrawal period is conditional on the consumer’s express consent (arts 18[2 …” „… not incur any costs. V. Digital content According to art 40(3)(d), the right of withdrawal is excluded …” „… . Thus, if both of these requirements are not fulfilled, the consumer is afforded a right of withdrawal …”

Article 39 Conflicting standard contract terms S. 241-246

„… Introduction to arts 40–47 Under arts 40–47 the consumer is granted a right of withdrawal when concluding …” „… requirements that are to be fulfilled in order for the right of withdrawal to be granted (art 40[1] and [2] to …” „… – the manner of withdrawal and the withdrawal period (arts 41 and 42), the effects of the withdrawal …”

Article 186 Agreements concerning prescription S. 777-780

„… instructions on withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days …” „… without giving any reason. The withdrawal period expires after 14 days from the day 1 . To exercise the …” „… right of withdrawal, you must inform us ( 2 ) of your decision to withdraw from this contract by a clear …”

Article 18 Off-premises contracts: additional information requirements and confirmation S. 182-185

„… factors are included in the model withdrawal form in Appendix 1, the trader is not obliged to use this …” „… services to begin during the withdrawal period provided for in Article 42(2), the trader must require that …” „… supplied in an off-premises contract before the withdrawal period in contexts that affects his or her …”

Article 19 Distance contracts: additional information and other requirements S. 185-189

„… about the right of withdrawal, if the pre-contractual information has been provided on paper or another …” „… referred to in point (b) of Article 13(1) and Article 14(1) and (2); (d) the right of withdrawal; and (e …” „… services to begin during the withdrawal period provided for in Article 42(2), the trader must require that …”

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

„… another heading. Article 17 Information about rights of withdrawal when concluding a distance or …” „… off-premises contract 1. Where the consumer has a right of withdrawal under Chapter 4, the information to be …” „… exercising that right in accordance with Appendix 1, as well as the model withdrawal form set out in Appendix …”

Article 32 Revocation of offer S. 225-228

„… as ‘withdrawal’ of an offer (art 15[2] CISG and art 2.1.3[2] UNIDROIT PICC): a notice to the …” „… addressee of the offer by which the offeror withdraws its intent to be bound by the offer.2 Withdrawal in …” „… withdrawal under the CESL (P), this will not only allow the party to withdraw an ineffective offer but also …”

Titelei/Inhaltsverzeichnis S. 1-17

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 16 139 Information about rights of withdrawal when concluding a distance or offpremises contract …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 41 223 Withdrawal period …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 42 228 Effects of withdrawal …”

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

„… withdrawal period;2 such a consequence is also foreseen in art 42(2) (cf art 42 nos 9–10). These rules apply …” „… place.11 These remedies are without prejudice to provisions extending the withdrawal period for failure …” „… to inform of the right of withdrawal (art 42[2]). However, this rule is narrower than the previous …”

EXPLANATORY MEMORANDUM Explanatory Memorandum S. 788-817

„… pre-contractual information to be given to consumers, the consumer’s right of withdrawal in distance and …” „… contains the Model instruction on withdrawal that must be provided by the trader to the consumer before a …” „… distance or an off-premises contract is concluded, while Appendix 2 provides for a Model withdrawal form …”

Article 90 Extended application of rules on payment and on goods or digital content not accepted S. 463-469

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. Application of art 97 to the right of withdrawal . . . . . . . . . . . . . . . . . . . . . . 22 …” „… avoidance of the contract. Paragraph 2 applies also in cases of withdrawal where the seller is obliged to …” „… non-performance, withdrawal or avoidance of the contract. B. Explanation I. Application of the rules on payment to …”

Introduction to arts 13–29 Howells/Watson S. 162-164

„… : Aldershot (2005); Twigg-Flesner/Schulze, ‘Information and the right of withdrawal’, in Howells et al (eds …” „… the right of withdrawal can extend the period during which a party can withdraw (cf art 42 nos 9–12 …” „… withdrawal on the binding nature of contract (cf Intro to arts 40–47 no 3). Part II Chapter 2 Section 2 …”

Bibliography S. 28-34

„… Eidenmüller, (2011) ERCL: Eidenmüller, Horst, ‘Why Withdrawal Rights?’, (2011) ERCL 1–24 Eidenmüller et al …” „… - Kaufrecht (CISG), Sellier/de Gruyter: Berlin (2005) Terryn, ‘The Right of Withdrawal’, in Schulze (ed …” „… ), Common Frame of Reference and Existing EC Contract Law: Terryn, Evelyne, ‘The Right of Withdrawal, the …”

Article 166 Interest on late payments S. 692-698

„… reimbursement of payments after the buyer’s withdrawal (art 44), the obligation to pay interest for delayed …” „… payment applies only to the reimbursement of payments from the time when withdrawal was effective. With …” „… payments after the buyer’s withdrawal or termination, interest begins to accrue at the moment when …”

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

„… is a theoretical debate about the impact of the right of withdrawal on the binding nature of …” „… 15; (d) the contract terms, in accordance with Article 16; (e) the rights of withdrawal, in …” „… related right of withdrawal and the duty to inform about such rights. Article 13 Common European Sales Law …”

Article 10 Notice S. 151-154

„… , its acceptance, notice of avoidance, withdrawal or termination. The notion of notice also includes …” „… exercise a right by notice only within a certain period (eg withdrawal, art 42, termination arts 119, 139 …” „… a certain period (eg notice of withdrawal or termination) was, in fact, timely. The basic principle …”

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

„… misleading: Information of the kind that the consumer has a right of withdrawal ‘in most cases’ suggests that …” „… withdrawal, or a claim to a fixed sum of compensation, etc. This is arguably not excluded as the CESL (P …”

Article 178 Rights subject to prescription S. 759-762

„… related services requested and provided before the consumer’s withdrawal from a distance or off-premises …” „… , according to arts 44 and 45(1), in case of the consumer’s withdrawal from distance and off-premises consumer …”

Article 112 Return of replaced item S. 548-551

„… governs the duties of the parties after the consumer’s withdrawal, balances better the interests between …” „… good faith. Although the Messner case concerned the right of withdrawal, but this consideration has …”

Article 142 Passing of risk in a consumer sales contract S. 642-645

„… off-premises contracts, presumably in order to avoid complications where the right of withdrawal is concerned …” „… paragraph 3 should not apply in off-premises or distance contracts in which the right of withdrawal is …”

Article 31 Offer S. 221-225

„… as ‘withdrawal’ of an offer (art 15[2] CISG and art 2.1.3[2] UNIDROIT PICC): a notice to the …” „… addressee of the offer by which the offeror withdraws its intent to be bound by the offer.2 Withdrawal in …”

Article 12 Unilateral statements or conduct S. 157-162

„… following examples: – ‘Unilateral statement indicating intention’: offer, notice of withdrawal, notice of …” „… right of withdrawal’, in Howells et al (eds), Handbook of Research on International Consumer Law, pp …”

Article 172 Restitution on avoidance or termination S. 716-728

„… particular, Chapter 4 sets out a specific restitution regime that applies after a right of withdrawal has …” „… recipient for diminished value of the goods in case of withdrawal. One cannot justify the difference by …” „… stressing that during the withdrawal period the recipient must be aware of the possibility to return what he …”

Introduction to arts 30–39 S. 216-217

„… and 9 Dir No 2011/83/EU on the provision of pre-contractual information and the period for withdrawal …”

Introduction to arts 79–86 S. 413-414

„… withdrawal (arts 40–47) and invalidity of contracts (arts 48–57) etc.3 Thus, provisions on unfair contract …”

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

„… Model withdrawal form.1 If the trader has not done so, you can cancel the contract within one year. What …”

Article 35 Time of conclusion of the contract S. 231-233

„… of withdrawal for certain contracts (cf art 42[1][e] and [g]); to determine whether the conditions of …”

Article 185 Effects of prescription S. 775-777

„… 44(3) concerning the seller’s right, in case of withdrawal, to withhold reimbursement until the buyer …”

Article 15 Information about the identity and address of the trader S. 174-176

„… withdrawal.3 The Con- 1 Art 4(1)(a) Dir No 97/7/EC. 2 Art 3(1)(1)(b) Dir No 2002/65/EC. 3 Art 4 Dir No 85/577 …”

Article 106 Overview of buyer’s remedies S. 527-529

„… (where the right of withdrawal should also be taken into consideration) reduced almost to ‘zero’. II …”

Article 2 Definitions S. 50-67

„… on the trader and of granting the consumer a right of withdrawal in the case of distance contracts is …” „… excluding contracts concluded at a public auction from the right of withdrawal. According to letter u …” „… to exclude the consumer’s right of withdrawal for ‘classical’ auctions with the simultaneous physical …”

Article 107 Limitation of remedies for digital content not supplied in exchange for a price S. 529-531

„… of withdrawal should also be taken into consideration) reduced almost to ‘zero’. II. Cumulation of …”

Article 89 Change of circumstances S. 452-463

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 1. Application of art 97 to the right of withdrawal . . . . . . . . . . . . . . . . . . . . . . 22 …” „… avoidance of the contract. Paragraph 2 applies also in cases of withdrawal where the seller is obliged to …”

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

„… consumer and potentially misleading: Information of the kind that the consumer has a right of withdrawal …”

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

„… withdrawal.3 The Con- 1 Art 4(1)(a) Dir No 97/7/EC. 2 Art 3(1)(1)(b) Dir No 2002/65/EC. 3 Art 4 Dir No 85/577 …”

Article 133 Right to withhold performance S. 619-623

„… to reimburse the price after the consumer’s withdrawal to the consumer’s obligation to return the …”

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

„… analogy with the exemption from the right of withdrawal of the goods supplied by regular roundsmen in art …”

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

„… be no right of withdrawal concerning the agreement to use the CESL (P), because otherwise things …”

Article 78 Contract terms in favour of third parties S. 408-413

„… withdrawal (arts 40–47) and invalidity of contracts (arts 48–57) etc.3 Thus, provisions on unfair contract …”

Abbreviations S. 20-28

„… Eidenmüller, (2011) ERCL: Eidenmüller, Horst, ‘Why Withdrawal Rights?’, (2011) ERCL 1–24 Eidenmüller et al …”

Article 93 Place of delivery S. 477-482

„… ). The provision governing the effects of withdrawal contains special rules in art 45(1) which are …”

Article 1 Objective and subject matter S. 38-50

„… withdrawal and its consequences, avoidance of the contract resulting from a mistake, fraud, threats or unfair …”

doi.org/10.5771/9783845265469

Christiane Albrecht - Das Übernahmerecht des U.S.-amerikanischen Williams Act

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Christiane Albrecht

Das Übernahmerecht des U.S.-amerikanischen Williams Act

Series: Nomos Universitätsschriften - Recht

Volume 576 2008

Results in this title

Rücktrittsrecht der Aktionäre (Withdrawal Rights) S. 171-175

„… . Rücktrittsrecht der Aktionäre (Withdrawal Rights) 1. § 14(d)(5) SEA und SEC-Rule 14d-7 Dem Schutz vor Übereilung …” „… . Die Rücktrittserklärung (Notice of Withdrawal) erfolgt rechtzeitig, wenn sie innerhalb der …”

Durchsetzung der Offenlegungsvorschriften des § 14(d) SEA S. 198

„… 198 ringe Prämie anboten, dem Anleger jedoch kein Rücktrittsrecht (Withdrawal Right) einräumten …”

Mini Tender Offers S. 197-198

„… . 952. 198 ringe Prämie anboten, dem Anleger jedoch kein Rücktrittsrecht (Withdrawal Right) einräumten …”

Mindestlaufzeit des Tender Offer S. 168-171

„… . Rücktrittsrecht der Aktionäre (Withdrawal Rights) 1. § 14(d)(5) SEA und SEC-Rule 14d-7 Dem Schutz vor Übereilung …”

Titelei/Inhaltsverzeichnis S. 2-16

„… (Withdrawal Rights) 171 1. § 14(d)(5) SEA und SEC-Rule 14d-7 171 2. Auswirkungen - Stellungnahme 172 III …”

doi.org/10.5771/9783845209500

Matthias Lehmann, Christoph Kumpan - European Financial Services Law

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Matthias Lehmann (ed.), Christoph Kumpan (ed.)

European Financial Services Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2019

Results in this title

Article 8 Withdrawal of authorisations S. 41-43

„… Article 8 Withdrawal of authorisations The competent authority may withdraw the authorisation …” „… national law, in respect of matters outside the scope of this Directive, provides for withdrawal. Every …” „… withdrawal of authorisation shall be notified to ESMA. I. General features; recitals Recitals 46, 102 MiFID …”

Article 43 Withdrawal of authorisations S. 246-247

„… provided at the own exclusive initiative of the client” (emphasis by author). Section 2 Withdrawal of …” „… authorisations Article 43 Withdrawal of authorisations The competent authority which granted an authorisation …” „… matters outside the scope of this Directive, provides for withdrawal. I. General features Purpose Art 43 …”

Article 20 Withdrawal of authorisation S. 1616-1617

„… have no voting rights on the opinions of the college. Article 20 Withdrawal of authorisation 1. Without …” „… competent authority may limit the withdrawal to a particular service, activity, or class of financial …” „… decision on the withdrawal of authorisation shall take effect throughout the Union. Article 21 Review and …”

Article 71 Withdrawal of registration S. 1668-1669

„… accordance with Article 82 concerning measures to amend Annex II. Article 71 Withdrawal of registration 1 …” „… , may request ESMA to examine whether the conditions for the withdrawal of registration of the trade …”

Article 49 Withdrawal of registration S. 572-574

„… Article 49 Withdrawal of registration 1. ESMA shall withdraw the registration of a third-country …” „… least 30 days before the (d) withdrawal. 2. ESMA shall inform the Commission of any measure adopted in …”

Article 62 Withdrawal of authorisations S. 341

„… Article 62 Withdrawal of authorisations The competent authority may withdraw the authorisation …”

Article 11 Withdrawal of the authorisation S. 1487-1488

„… . Article 11 Withdrawal of the authorisation The competent authorities of the home Member State of the AIFM …” „… national law, in respect of matters outside the scope of this Directive, provides for withdrawal. 1 Art 7(2 …” „… additional reasons for withdrawal under national law. Art 11 lit. a-e contains a list of circumstances that …”

Article 29 Minimum capital, organisation, key people, authorisation and withdrawal of authorisation S. 1366-1369

„… capital, organisation, key people, authorisation and withdrawal of authorisation 1. Without prejudice to …” „… any of the cases where national law provides for withdrawal. 5. In order to ensure consistent …”

Article 7 Procedures for granting and refusing requests for authorisation S. 38-41

„… Article 8 Withdrawal of authorisations The competent authority may withdraw the authorisation issued to an …” „… of matters outside the scope of this Directive, provides for withdrawal. Every withdrawal of …” „… withdrawn. The objective of the withdrawal, especially in the first and second case, is to ensure sufficient …”

Article 48 Register S. 571-572

„… European law anyway. Withdrawal of equivalence (Art 47(4) MiFIR) The Commission is mandated to monitor any …” „… prompt a withdrawal, is under the influence of the Member States. I.e. deterriorating political relations …” „… could prompt an examination procedure resulting in a withdrawal. Article 48 Register ESMA shall keep a …”

Article 44 Authorisation and applicable law S. 247-252

„… Other regulatory texts See → MiFIR Art 46. II. Overview The grounds of withdrawal are identical …” „… withdrawal of the branch authorization is not reported to ESMA, as it is in principle a purely national …” „… national law provides for withdrawal. 6. ESMA shall be notified of any withdrawal of authorisation. I …”

Article 17 Community scope of approvals of prospectuses S. 1013-1014

„… recommends to file a second set of final terms to replace the first set of final terms. Investors’ withdrawal …” „… rights The publication of a prospectus supplement triggers the investors’ withdrawal rights under Art …” „… or offeror may extend the period, but in any case, the final date for the exercise of the withdrawal …”

Article 16 Supplements to the prospectus S. 1009-1013

„… period may be extended by the issuer or the offeror. The final date of the right of withdrawal shall be …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3. Investors’ withdrawal rights …” „… first set of final terms. Investors’ withdrawal rights The publication of a prospectus supplement …”

Article 21 Review and evaluation S. 1617-1621

„… conditions under which authorisation was granted. 5. The CCP’s competent authority may limit the withdrawal …” „… account the reservations of the members of the college. 7. The decision on the withdrawal of authorisation …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 e) Withdrawal of authorisation …”

Article 12 General principles S. 1488-1489

„… from additional reasons for withdrawal under national law. Art 11 lit. a-e contains a list of …” „… circumstances that are standard reasons for the withdrawal of an authorization in other European financial …” „… ceased in the preceding six months. Other circumstances allowing for a withdrawal of the authorization …”

Article 42 Provision of services at the exclusive initiative of the client S. 242-246

„… ” (emphasis by author). Section 2 Withdrawal of authorisations Article 43 Withdrawal of authorisations The …” „… withdrawal. I. General features Purpose Art 43 MiFID sets out the conditions for the withdrawal of a branch …”

Titelei/Inhaltsverzeichnis S. I-XLII

„… . . . . . . . . . . . . . . . . . .Article 7 38 Withdrawal of authorisations …” „… . . . . . . . . . . . . . . . . . . . . . . .Article 42 242 Section 2 Withdrawal of authorisations Withdrawal of authorisations …” „… . . . . . . . . . . . . . . . . . .Article 61 340 Withdrawal of authorisations …”

Article 30 Administrative sanctions and other administrative measures S. 852-863

„… indicates the person responsible for the infringement and the nature of the infringement; (d) withdrawal or …” „… ) (withdrawal or suspension of authorisation) 17 5. Article 30(2) subpara 1 (e) to (g) (ban of managerial or …” „… or his identity. Article 30(2) subpara 1 (d) (withdrawal or suspension of authorisation) Investment …”

Article 8 Omission of information S. 990-994

„… the time of subscription, and a right of withdrawal. Knowledge of the maximum price may be substituted …” „… determined. ESMA considers that knowledge of the maximum price and the withdrawal right offer a satisfactory …” „… Regulation when used in conjunction with a maximum price or a withdrawal right. In relation to base …”

Article 10 Changes in the scope of the authorisation S. 1486-1487

„… . Article 11 Withdrawal of the authorisation The competent authorities of the home Member State of the AIFM …” „… national law, in respect of matters outside the scope of this Directive, provides for withdrawal. 1 Art 7(2 …”

Article 47 Equivalence decision S. 566-571

„… authorities to closely cooperate in enforcing European law anyway. Withdrawal of equivalence (Art 47(4) MiFIR …” „… in Art 51(2) MiFIR, which may prompt a withdrawal, is under the influence of the Member States. I.e …” „… . deterriorating political relations could prompt an examination procedure resulting in a withdrawal. Article 48 …”

Article 5 Requirement for authorisation S. 35-37

„… withdrawal shall be published on the list for a period of five years. 4. Each Member State shall require that …” „… . esma.europa.eu/publication/searchRegister?core=esma_registers_upreg# (17.9.2018). On withdrawals see comment on → Art 8. Head office (Art 5(4) MiFID) Art 5(4)(a …”

Article 9 Waivers for non-equity instruments S. 432-441

„… Article. Competent authorities shall notify ESMA and other competent authorities of such withdrawal …” „… ESMA/authorisation of a waiver (Art 9(2) MiFIR) . . . . . . . . 18 8. Withdrawal (Art 9(3) MiFIR …” „… Kumpan and Finn Schmidt 439 15 16 17 18 19 20 Withdrawal (Art 9(3) MiFIR) A granted waiver can be …”

Article 45 Requirements for the management body of a market operator S. 252-262

„… Withdrawal (Arts 44(5) and (6) MiFID II) Competent authorities may withdraw an authorisation issued …” „… law provides for a withdrawal. A withdrawal of an authorisation has to be notified to ESMA.19 Article …” „… decisions or penalties by regulatory authorities (including withdrawal of a registration or authorisation …”

Index S. 1785-1803

„… firms MiFID II 5 4 et seq. – revocation MAR 30 17 – scope MiFID II 6 3 et seq. – withdrawal MiFID II …” „… : register MiFIR 48 4 et seq. – third country investment firms: withdrawal of authorisation MiFID II 43 1 et …” „… ’ withdrawal rights PD 16 18 Irrevocability – and finality SFD 5 2 ert seq. – time SFD 5 4 et seq. Issuer …”

Article 28 Limited scope of activities S. 1366

„… capital, organisation, key people, authorisation and withdrawal of authorisation 1. Without prejudice to …”

Article 69 Review by the Court of Justice S. 1668

„… accordance with Article 82 concerning measures to amend Annex II. Article 71 Withdrawal of registration 1 …”

Article 70 Amendments to Annex II S. 1668

„… accordance with Article 82 concerning measures to amend Annex II. Article 71 Withdrawal of registration 1 …”

Article 19 Opinion of the college S. 1616

„… have no voting rights on the opinions of the college. Article 20 Withdrawal of authorisation 1. Without …”

Article 72 Supervisory fees S. 1669

„… conditions for the withdrawal of registration of the trade repository concerned are met. Where ESMA decides …”

Article 63 Requirements for the management body of a data reporting services provider S. 341-347

„… Article 62 Withdrawal of authorisations The competent authority may withdraw the authorisation …” „… circumstances that can precipitate the withdrawal of an authorisation. Title V contains two classes of …”

Article 18 Obligation for systematic internalisers to make public firm quotes in respect of bonds, structured finance products, emission allowances and derivatives S. 465-471

„… . Disclosure on request in the case of illiquid markets (Art 18(2) MiFIR) . . 11 3. Updating and withdrawal …” „… and Finn Schmidt 469 10 11 12 13 Updating and withdrawal (Art 18(3) MiFIR) Quotes must be valid for a …”

Article 59 Requirement for authorisation S. 339-340

„… competent authority has withdrawn an authorisation in accordance with Article 62, that withdrawal shall be …”

Article 27 Authorisation, legal form, registered office S. 1365-1366

„… withdrawal of authorisation 1. Without prejudice to other conditions of general application laid down by …”

Article 13 Addressees S. 1744-1745

„… card or similar device, including cash withdrawals, unless the payment card or similar device is used …”

Article 106 Reporting of auditors to competent authorities S. 1458-1459

„… administrators) to promptly report any fact that could result in a withdrawal of the license, the refusal to …”

Article 68 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments S. 1667-1668

„… 71 Withdrawal of registration 1. Without prejudice to Article 73, ESMA shall withdraw the …”

Article 73 Supervisory measures by ESMA S. 1669-1670

„… conditions for the withdrawal of registration of the trade repository concerned are met. Where ESMA decides …”

Article 61 Procedures for granting and refusing requests for authorisation S. 340-341

„… Services 340 Matthias Lehmann Article 62 Withdrawal of authorisations The competent authority may withdraw …”

Article 107 Reasoning of negative decisions; standing to sue of consumer protection agencies S. 1459-1460

„… administrators) to promptly report any fact that could result in a withdrawal of the license, the refusal to …”

Article 18 College S. 1615-1616

„… have no voting rights on the opinions of the college. Article 20 Withdrawal of authorisation 1. Without …”

Article 75 Equivalence and international agreements S. 1672-1673

„… ; (iv) withdrawal of registration as provided by Article 71 EMIR. Supervisory fees To fully cover ESMA’s …”

Article 29 Disclosure of personal data to third countries S. 851-852

„… infringement and the nature of the infringement; (d) withdrawal or suspension of the authorisation of an …”

Chapter 1 Organisational requirements S. 1628-1637

„… , which may include the withdrawal of the authorisation of the CCP. 5. The competent authority shall …” „… positions of clients and clearing members in the event of a withdrawal of authorisation pursuant to a …”

Introduction to Chapter I S. 34-35

„… withdrawal shall be published on the list for a period of five years. 4. Each Member State shall require that …”

Article 22 Competent authority S. 1621-1623

„… ESMA and the members of the college its fully reasoned draft decision of the withdrawal of …”

Article 17 Access to quotes S. 463-465

„… considered as exceptional market conditions that allow for the withdrawal of quotes as well as the conditions …”

Article 11 Incorporation by reference S. 995-997

„… Directive regarding the use of supplements for prospectuses and summaries and the related withdrawal right …”

Article 99 Sanctioning powers of competent authorities; minimum sanctions S. 1440-1442

„… the case of a UCITS or a management company, suspension or withdrawal of the authorisation of the …”

Article 74 Delegation of tasks by ESMA to competent authorities S. 1670-1672

„… notices; (iv) withdrawal of registration as provided by Article 71 EMIR. Supervisory fees To fully cover …”

Article 7 Application for authorisation S. 1480-1482

„… withdrawal of an authorisation as AIFM. II. Commentary According to Art 7(1) a prospective AIFM must apply …”

Article 12 Prospectuses consisting of separate documents S. 997-999

„… summaries and the related withdrawal right for investors. II. Commentary Shelf registration procedure Under …”

Introduction to Title VIII Intro Title VIII S. 558-560

„… Aspects of Withdrawal from the EU: A Briefing Note’, Oxford Legal Studies, Research Paper No. 47/2016 …”

Article 7 Conditions for authorisation S. 1328-1331

„… any of the cases where national law provides for withdrawal. 6. In order to ensure consistent …”

Article 101 Cooperation and information exchange of competent authorities and ESMA; on-site visits; ESMA’s dispute resolution powers S. 1449-1452

„… (EU) No 584/2010 provides information exchange in a number of routine matters, such as withdrawal of …”

Article 10 Shareholders and members with qualifying holdings S. 50-53

„… since the withdrawal as ultima ratio is potentially detrimental to investors. Art 10(3) MiFID confirms …”

Article 50 Eligible assets S. 1381-1385

„… rules, which are repayable on demand or ready for withdrawal within the next 12 months;3 (4) financial …”

Article 58 Position reporting by categories of position holders S. 334-339

„… Article 62, that withdrawal shall be published on the list for a period of 5 years. (4) Member States …”

Article 11 Notification of acquisitions and disposals of qualifying holdings S. 53-58

„… apparent only later, the NCA may be prevented from withdrawing the license altogether since the withdrawal …”

Article 70 Sanctions for infringements S. 362-368

„… market, an APA, a CTP and an ARM, withdrawal or suspension of the authorisation of the institution in …”

Article 9 Management body S. 43-50

„… authorisation in accordance with Art 8(b), (c), (d) MiFID to publish that withdrawal on the ESMA list of …”

Article 1 Subject matter and scope S. 1745-1751

„… withdrawals, unless the payment card or similar device is used only to generate the information required to …”

Article 6 Inciting, aiding and abetting, and attempt S. 629-637

„… )), and the submission, modification or withdrawal of a bid in an auction of emission allowances or other …”

Article 4 Waivers for equity instruments S. 408-417

„… competent authorities of such withdrawal providing full reasons for their decision. Title II Transparency …”

Article 37 Authorisation of non-EU AIFMs intending to manage EU AIFs and/or market AIFs managed by them in the Union in accordance with Article 39 or 40 S. 1541-1550

„… authorisation process, about any changes in the authorisation of the AIFM and any withdrawal of authorisation …”

Article 5 The prospectus S. 974-984

„… ; and Art 16 regarding the use of supplements for prospectuses and summaries and the related withdrawal …”

Article 8 Insider dealing S. 692-705

„… submission, modification or withdrawal of a bid in auctions of these instruments. b) c) bate revisited …”

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