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...n the wake of potential losses or by introducing a more stringent solvency test. In the case of a serious loss of the subscribed capital, a general meeting ...t German law is somewhat tentatively moving in the direction of a solvency test in order to specify management duties for a GmbH in the vicinity of solvenc ...

...a sufficient set’) to conceptualize this finding: in the first step, this test eliminates possible causes from the sequence of events, and only in the sec The ‘but for’ test can be read at best impliedly into the general attribution rule of the DCFR ...

...R 297, 311). In that ECJ judgment, however, the principle served less as a test of an EU measure, but rather as a kind of indirect justification of a strin ...a ‘broad discretion’ and held, regarding the review of the measure, only a test of whether it was ‘manifestly inappropriate’ to be permissible; the ECJ dec ...

...certainty. Although not generally accepted within Europe, the ‘functional’ test has been approved of by some jurisdictions, including England. It is an advantage of the habitual residence test that subjective elements are less important than they are in the law of dom ...

...usiness discretion and business judgments. Exceptionally, a more stringent test applies to actions of the board. This is especially the case for acts of th ...the taking of control decisions are subject to a [[Good Faith|good faith]] test. While the business judgment rule was developed in the 1920s, courts have o ...

...ohibitions and provides for judicial review under a general reasonableness test, according to which a term is not binding if ‘it causes a significant imbal ...rties’ rights and obligations…’ (Art 4:110 PECL). This reasonableness test is not restricted to particular types of parties and is therefore also appl ...

...st, leads to a functional convergence towards the balance sheet insolvency test. ...and the enterprise value relevant for the asset side of the balance sheet test, there is a certain functional parallel between imminent cash flow insolven ...

...ct is the creation or strengthening of a dominant position. The additional test of a substantial impediment of effective competition became inoperative bec ...of concentrations are to be judged in accordance with the market dominance test as interpreted by European Courts and the Commission. The regulation confir ...

...firm has exploited its dominance by charging an excessive price, the SSNIP test exaggerates the breadth of the market since consumers would—if the dominant ...

...1 and Art L 312-1. A unified general fairness and reasonableness test is laid down in the European consumer protection ''Unfair Contract Terms Di ...

...continental European corporate statutes. A combined net asset and solvency test is to ascertain whether distributions to shareholders are feasible. If a di ...l is set at €1. The rules on distributions are predicated upon a net asset test: distributions to shareholders may be made only if, after the distributions ...

...usation. An example for such an approach was the English last-clear-chance test, according to which the last chance of avoiding the loss was decisive. Anot ...ential) loss is treated as a ‘duty to mitigate the loss’ last-clear-chance test, which is an expression of the general duty to mitigate possible loss resul ...

...ing private international law rules of conflict. This includes a balancing test, where the costs of supplying the public good of ‘law’ are to be weighed ag ...egislature as candidates for harmonized private law rules. The controlling test is whether a (unified) norm of EU private law does in fact significantly lo ...

...ome authors have proposed a more balanced interpretation of the three-step-test (see MPI Declaration, <www. ip.mpg.de/ww/de/pub/aktuelles/declaration_on_th ...

...fic case with respect to that particular contract. It applies an objective test of whether a contract is common for persons of his age. A similar approach ...e has some ability to make a rational judgment and then apply an objective test to decide which contracts are valid. Still other legal systems demand an in ...

...imants are concerned, however, the ''Morrison'' ruling still excludes this test. Further legislative action in this area seems to be likely. ...

...e a decisive factor in the process of risk-assessment (ECJ Case 236/09 – ''Test Achats'' [2011] ECR I-0000). ...law have recently become even stricter than in the US (ECJ Case 236/09 – ''Test-Achats'' [2011] ECR I-0000). ...

...w at the consumer’s residence. If the laws suggest different outcomes, the test of favourability remains necessary. ...e of law is comparatively unattractive for the professional. The intricate test of favourability is usually not applied if the consumer already prevails on ...

...ing them as barriers to market integration which need to be justified. The test is whether a national provision of unfair competition law can be justified ...ates to the national market than on national products. Thus, the resulting test as to the factual ''origin-neutrality ''of national provisions on the prohi ...

...). As a practical matter, the application of the ''market economy investor test'' can be difficult. ...ency. Moreover, it constitutes the reference point for the proportionality test provided for in Art&nbsp;106(2) TFEU/86(2) EC. The exact reach of the propo ...