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Conclusions of the 2005 Report on the functioning of the electricity and gas market
... The starting point for market opening in many Member States was a monopolistic market structure with only one or a few big companies. Several Member States late to implement new directives
A large number of Member States were as much as a year late in implementing the Directives, others still have not done so: Spain (electricity and gas), Luxembourg (electricity and gas), Greece (electricity), Estonia (gas), Portugal (electricity), Ireland (gas) and are now before the European Court of Justice, or will be shortly. A number of Member States have taken a rather minimalist approach in implementing the Directives. A large number of Member States were as much as a year late in implementing the Directives; others still have not done so. Therefore, the ball is now in the hands of Member States. Member States need to quickly and fully implement the Directives, pursuing not only the letter of the Directives, but also their spirit. ...
Comentario del MPI al Libro Verde sobre un Derecho contractual europeo para consumidores y empresas
... The Max Planck Working Group welcomes initiatives to overcome the fragmentary and inconsistent state of contract law prevailing in the European Union and its Member States at present. Disputes arising from contracts are decided by the courts of the Member States in very large numbers. of the Member States", these provisions would be unsuitable for option 4 which deliberately does not affect the laws of the Member States, but rather supplements them. A minimum harmonization by means of a directive (option 5) would impose far-reaching implementation and adjustment obligations on Member States without achieving the uniformity required (see para. 66). Overriding mandatory provisions of a Member State as defined in Art. 9 Rome I seek to promote the public interest of that Member State rather than attain a more balanced relation between the parties' rights and obligations. ...
Copias parasitarias
... In particular, the EC Directive concerning Unfair Business-to-Consumer Commercial Practices in the Internal Market ("EC Unfair Commercial Practices Directive 2008/95/EC") as transposed into the national laws of the Member States may also give undertakings which are victims of parasitic copying the right to take legal action against parasitic copiers. 8. Our investigations suggest that the current regimes of protection available in Member States in respect of parasitic copying and the enforcement options open to rights holders are inconsistent and lead to different results in different Member States Whilst the enactment of the EC Unfair Commercial Practices Directive has improved the protection available to parasitic copies in a few Member States, this appears to be the exception rather than the rule ...
LA SUPERVISION GENERALIZADA DE LAS TELECOMUNICACIONES SEGUN EL TRIBUNAL EUROPEO DE DERECHOS HUMANOS
... The fact that the Commissioner in his annual reports concluded that the Secretary of State’s “arrangements” had been complied with (see paragraphs 32-33 above), while an important safeguard against abuse of power, did not contribute towards the accessibility and clarity of the scheme, since he was not able to reveal what the “arrangements” were. If that was not the case, they had to be destroyed and deleted from the files or, at the very least, access to them had to be blocked; the destruction had to be recorded in minutes and, in the cases envisaged in section 3(6) and section 7(4), had to be supervised by a staff member qualified to hold judicial office. ...
Reglamento Bruselas I: ¿El “Imperio” contraataca?
... So Owusu establishes where Art. 2 confers personal jurisdiction in a court of a Member State by reason of the defendant’s domicile in that State, the court cannot refuse to hear the case because there is a more appropriate forum abroad. Mr Bloch submitted that because Art. 2 does confer subject-matter jurisdiction on the courts of a Member State in respect of acts done elsewhere in the EU, it must also have the same effect as regards acts done outside the EU. We do not see why – there is an enormous difference between the two. The Regulation is not setting up the courts of the Member States as some kind of non-exclusive world tribunals for wrongs done outside the EU by persons who happen to be domiciled within the EU. That is the sort of thing that is done reciprocally and by an international Convention – it goes well beyond the remit of judges whose job is to interpret the law, not to legislate. ...
Justificar la tortura, la labor del abogado, la del Profesor y la libertad de cátedra
... Absent very substantial evidence on these questions, no university worthy of distinction should even contemplate dismissing a faculty member. Non-clinical faculty need not be a member of a bar, and Professor Yoo does not teach our courses on Professional Responsibility. As a board member of the Obama Presidential Transition, I argued that fidelity to the Rule of Law requires investigation of possible criminality by officials in the previous administration, despite the political cost of being attacked for conducting a “witch hunt”. My friend Eric Holder, Attorney General of the United States, should either pursue the matter, or tell us that he believes there was no criminality. ...
Dinero fácil
... What this means, you being the last batch of names we
have considered is that our dear late fellow died with no known or
identifiable family member. We want to transfer to an oversea account($16,700.000.00 USD) Sixteen Million Seven Hundred Thousand United States Dollars)from one of the banks located in Europe. The total amount involved is Sixteen million Seven Hundred Thousand United States Dollars only [$16,700.000.00] and we wish to transfer this money into a safe foreigners account abroad. ...
Estado y Religión: el burqa que no cesa
... Women victims of these crimes must be protected by member states whatever their status, and benefit from support and rehabilitation measures.
16. Therefore, the Assembly calls on member states to develop targeted policies intended to raise awareness of the rights of Muslim women, help them to take part in public life and offer them equal opportunities to pursue a professional life and gain social and economic independence. ...
Aprobado el paquete Telecom, ¿y ahora qué?
... Measures taken by Member States regarding end-users’ access to
or use of services and applications through electronic communications
networks shall respect the fundamental rights and freedoms of natural
persons, as guaranteed by the European Convention for the Protection of
Human Rights and Fundamental Freedoms and general principles of
Community law. ...
Decimocuarta Sesión SCCR – 5 de mayo 2006
... A revised basic draft basic proposal will be prepared for the meeting and all efforts will be made to make it available to the Member States by August 1 2006. ...
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