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The Compatibility of the Swedish Alcohol Monopoly with EC Law
Sweden has traditionally pursued a restrictive policy on alcohol. One of the fundamental and outstanding features of this policy is the monopolization of the retail sales of alcoholic beverages. Spirits, wine and beer with an alcohol content of more than 3.5 per cent by volume may only be sold by the State-owned Systembolaget AB. The products available in Systembolaget's shops are selected and
External Competences of the European Community in elation to the WTO
Since the signing of the Treaty on the European Union (TEU) in 1993 the European Union has been base on three "&semicpillars"&semic. The European Community falls under the so-called pillar I. Under the terms of the TEU the two pillars on the Common Foreign and Security Policy (CFSP) and on Justice and Home Affairs (JHA) differ from pillar I for they do not share the institu
The International Exhaustion of Trade Mark Rights after Silhouette: the End of Parallel Imports?
The place and role of the Committee of Regions in the European decision-making process
'Centre of main interests' - a New Concept in European Insolvency Law
I find the concept ''centre of main interests'' interesting, since it is a new concept and a key element in the Regulation. It determines applicability of the Regulation - it is only applicable if the centre is situated within the Community (see 4.1 The Objective and Scope). It is decisive for jurisdiction regarding main proceedings (see 5 The Centre of Main Interessts) and decisiv
Predatory Pricing Policy under EC and US Law
Predatory pricing poses a dilemma which perplexed and intrigued the competition community for many years. It is one of the most discussed topics in the area of antitrust economics, as the critical issue is to meld economic insights with sound legal rules. Despite the energy devoted to the subject by many distinguished observers from the economic and legal professions and their attempts to find pro
Proliferation of Free Trade Areas in East Asia in the Context of the European Union and the North American Free Trade Agreement-Options for the P. R. China
The Relationship between EC law and National law
Special Trade Marks - Legislation and The Situation in The European Community
As already indicated by the title, this thesis concentrates on the legal and practical issues concerning special marks in the European Community. Chapter 1 contains some general remarks together with comments on the scope, purpose and methodology of this thesis. Chapter 2 discusses international conventions affecting trade marks in general and special marks in particular. The European Community le
State Liablity - Ten years after Francovich / Is German State Liability law compatible with EC law?
This paper focuses on a comparison of German law on state liability with European state liability rules, as they have been developed through case law since Francovich. The paper is divided into three main parts. A short overview of procedural aspect explaining when and how Member States can be held liable and which remedies are available for the individual, as well as a description of the case law
European Criminal Law
Towards a rights-based approach? - Third country nationals legally long-term resident within the European Union and the fundamental freedom of movement rights
Third Country Nationals in the European Union
Keck and Mithouard
Article 28 is one of the key Treaty Articles concerning the integration of national markets. But finding the right way to apply Article 28 is far from being easy, as history shows. The ECJ has not been consistent in its case law on Article 28 EC. The main problem in its approach in the application of Article 28 has been the wideness of the Dassonville-formula, which by its wording catches smallest