have to provide proof of fault on the part of the infringer or loss on the part of the consumer [Art. 5 (2)]. ► Representative actions for “redress” to eliminate the effects of the infringement – QuEs [...] a number of consumers are harmed by the same infringement, the proposed expansion of the scope of representative actions strengthens the legal position of consumers and thus the principle of liability [...] The most important passages in the text are indicated by a line in the margin. CONTENT Title Proposal COM(2018) 184 of 11 April 2018 for a Directive of the European Parliament and of the Council
Dateityp: application/pdf
15 The Court of Justice of the European Union was previously called the Court of Justice of the European Communities. This document will refer to it as the Court of Justice, the Court or the CJEU. [...] examined by the Court such as the notion of positive list, the practical application of the time-limits and the obligations of the Member States when freezing or reducing the prices of medicines. The inclusion [...] extent. The public consultation highlighted that stakeholders are divided over the idea of a revision of the directive to codify the case-law of the Court of Justice (see Annex 1). Exactly half of the responding
Dateityp: application/pdf
the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic [...] wish to discontinue the proceedings, in accordance with the relevant provisions of the Rules of Procedure of the Court of Justice. (6) On the basis of an assessment by the European Commission that [...] MINUTES OF THE SIGNING OF THE TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION The Plenipotentiaries of the Kingdom of Belgium, the Republic of Bulgaria, the Kingdom
Dateityp: application/pdf
determining the cases where the courts of the Member States can decline their jurisdiction on the basis of the Regulation in favour of the courts of third States generates a great deal of confusion and [...] 3.3. Choice of court The law applicable to choice of court agreements. While Article 23 of the Regulation, as interpreted by the European Court of Justice, extensively lays down the conditions concerning [...] of review of a foreign court's jurisdiction; in addition, the practical importance of the rule is limited in that the court is bound in any event by the findings of fact by the court of origin. 3.2
Dateityp: application/pdf
plan to the European Court of Justice. While the German court said there was good reason to think that the plan exceeded the bank’s mandate, the move might scuttle the prospect of curbing the stimulus [...] speaking, the Court of Justice is not an independent organization but is predisposed to interpret legal questions in the interest of the European Union,” he said. “The Court of Justice doesn’t take [...] Roosebeke of the Center for European Politics in the German city of Freiburg. Gunnar Beck, a legal theorist at the University of London, agreed that the European court would most likely back the program
Dateityp: application/pdf
state, the European Parliament, the Council or the Commission may seek the opinion of the Court of Justice on the compatibility of a proposed agreement with the treaties. In the event that the opinion [...] appeal in the interests of the law or re-examination procedure) would not lead to a misinterpretation of the role of the European Court of Justice. The Court of Justice could certainly then be called [...] decision, ask the Court of Justice *…+ to rule on the question. Where such a question is referred to the court of appeal, it will ask the Court of Justice *…+ to rule on the question. 2) The decision
Dateityp: application/pdf
261/2004 of the European Parliament and of the Council64, Regulation (EC) No 1371/2007 of the European Parliament and of the Council65, Regulation (EU) No 1177/2010 of the European Parliament and of the [...] under Directive 2014/17/EU of the European Parliament and of the Council68 and Directive 2014/92/EU of the European Parliament and of the Council69. (33) In view of the existing cooperation mechanisms [...] mechanisms under Directive 2014/17/EU of the European Parliament and of the Council and Directive 2014/92/EU of the European Parliament and of the Council, the mutual assistance mechanism (Chapter III) shall
Dateityp: application/pdf
obligations on the Member States in respect of court fees, methods of payment of court fees and the availability of assistance in filling in the forms. 3.1.1. Extension of the scope of the Regulation [...] and the jurisdiction of the Member State where for example the contract is performed or the harmful event took place, the actual choice of the claimant in favour of the courts or tribunals of the Member [...] application on the defendant, the service of the judgment on the claimant and the service of the judgment on the defendant. It is not clear from the current text of the Regulation whether the summons to oral
Dateityp: application/pdf
ICAO policy The ECJ dismissed the claim that the EU ETS would violate the sovereignty of other states and confirmed the competence of the EU to apply the ETS to the total emissions of flights that [...] forward the ICAO action on MBMs. To facilitate the negotiations in the run-up to the 2013 ICAO Assembly, the EU adopted the "stop-the-clock" decision No. 377/2013/EC to temporarily defer the enforcement [...] ness The hybrid and alternative options – with the exception of the upstream option – improve the overall competitiveness of the aviation sector compared to the full-scope EU ETS because the reduced
Dateityp: application/pdf
particular group of the population. In the face of the amazed experts, the European Court of Justice conjured up the justification that the "prohibition of discrimination on account of age" is a "general [...] also the verdicts of the European Court of Justice, where distinguishing between competencies is material to the verdict. Not only the bodies of the EU and the governments of the Member States should [...] verdict, the European Court of Justice has created the need to establish European regulations in this area which actually belongs to the core competencies of the Member states. And so the analysis of the
Dateityp: application/pdf