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From Max-EuP 2012
- ...injections by the state should be regarded as an aid; ''market operator'' test for the assessment of commercial transactions between the state and underta ...the state’s performance is in line with market standards (‘market operator test’). State injections of equity or debt capital to undertakings are to be a25 KB (3,825 words) - 10:17, 23 September 2021
- ...e specific requirements and rather repeated the general ''Rewe''/''Comet''-test, leaving it to national courts to apply it in the case at hand. While such25 KB (3,842 words) - 16:46, 15 September 2021
- ...d and controlled. This conforms to the English precedent cited above: ‘The test seems to be whether the event which causes the impossibility was or might h ...the bottom of the sea). While the reference point for the proportionality test under the law of impossibility is the creditor’s interest in the performa23 KB (3,525 words) - 17:42, 9 August 2021
- ...non-discrimination principle is presently complicated by the comparability test which must in each instance be undertaken to determine whether the foreign14 KB (2,018 words) - 14:39, 17 August 2021
- ...he applicants draft a legal opinion on a given case (''Proberelation'') to test their qualifications.13 KB (2,030 words) - 12:10, 16 September 2021
- ...of the ‘real seat theory’ by the [[European Court of Justice (ECJ)]] will test Germany’s quasi-parity co-determination as provided by the Co-Determinati16 KB (2,259 words) - 09:40, 10 August 2021
- ...n form a basis upon which to make an autonomous decision. In contrast, the test of reasonableness of contents of standard business terms, which is provided16 KB (2,359 words) - 15:58, 19 August 2021
- ...at brings me to estoppel by acquiescence. The parties were agreed that the test for the existence of this kind of estoppel is to be found in the dissenting13 KB (2,008 words) - 11:20, 28 September 2021
- Whether a practice is aggressive is determined by reference to a three-step test, which proceeds from the specific to the general ([[Unfair Competition (Bas14 KB (2,098 words) - 09:47, 10 August 2021
- ...the application of Roman law rules only to the degree that they stood the test of ‘sound reason’. This shift away from the ''ratio scripta'' required13 KB (2,085 words) - 13:50, 2 September 2021
- ...a ''conditio sine qua non'' for the conclusion of the contract (‘but for’ test). However, it is not clear how this relates to the rule of exclusion of a r18 KB (2,932 words) - 12:53, 14 September 2021
- ...They may also profit from the European passport subject to an equivalence test. Since these issuers do not have their registered office within the EU, the19 KB (2,786 words) - 15:39, 17 August 2021
- ...e confidentiality of that information. The responsibility for meeting this test lies with the issuers.18 KB (2,675 words) - 09:06, 29 September 2021
- ...nted approach, the crucial guiding post for these situations should be the test of whether the data in question can be independently obtained by competitor19 KB (2,772 words) - 16:13, 10 August 2021
- ...sideration of gender in setting insurance policy tariffs. (Case C-236/09 ''Test Achats'', [2011] ECR I-0000). Even more complex is the problem of whether t17 KB (2,605 words) - 15:27, 17 August 2021
- ...ry well include introducing new case law or conducting a constitutionality test.19 KB (2,978 words) - 13:17, 18 August 2021
- ...I-3095 para 44). Underlying the eight conditions is a proportionality test: comparative advertising is permitted (i) when it is capable of informing c17 KB (2,609 words) - 17:16, 9 August 2021
- ...ept of non-performance. In case of defective performance, in contrast, the test is whether or not the breach of duty is substantial (§§ 281(1)2 and21 KB (3,383 words) - 17:24, 14 September 2021
- ...l property protection to the extent that they correspond to the three-step test: they must be (1) limited exceptions that (2) do not unreasonably21 KB (3,242 words) - 15:48, 19 August 2021
- ...d by the Court in its judgment on insurance tariffs (ECJ Case C-236/09 – ''Test-Achats'' [2011] ECR I-0000), the principle of freedom of contract will be n19 KB (2,924 words) - 17:48, 10 August 2021