Search results

• State Aid Law
  ...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 a
  25 KB (3,825 words) - 10:17, 23 September 2021
• Principle of Effectiveness
  ...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 such
  25 KB (3,842 words) - 16:46, 15 September 2021
• Change of Circumstances
  ...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 performa
  23 KB (3,525 words) - 17:42, 9 August 2021
• European Foundation
  ...non-discrimination principle is presently complicated by the comparability test which must in each instance be undertaken to determine whether the foreign
  14 KB (2,018 words) - 14:39, 17 August 2021
• Reichskammergericht (Imperial Chamber Court)
  ...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
• Co-Determination
  ...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-Determinati
  16 KB (2,259 words) - 09:40, 10 August 2021
• Information Obligations (Consumer Contracts)
  ...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 provided
  16 KB (2,359 words) - 15:58, 19 August 2021
• Verwirkung (Estoppel)
  ...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 dissenting
  13 KB (2,008 words) - 11:20, 28 September 2021
• Commercial Practices, Aggressive
  Whether a practice is aggressive is determined by reference to a three-step test, which proceeds from the specific to the general ([[Unfair Competition (Bas
  14 KB (2,098 words) - 09:47, 10 August 2021
• Latin America, Influence of European Private Law
  ...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'' required
  13 KB (2,085 words) - 13:50, 2 September 2021
• Duress
  ...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 r
  18 KB (2,932 words) - 12:53, 14 September 2021
• European Passport
  ...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, the
  19 KB (2,786 words) - 15:39, 17 August 2021
• Mandatory Disclosure (Securities Markets)
  ...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
• Database Protection
  ...nted approach, the crucial guiding post for these situations should be the test of whether the data in question can be independently obtained by competitor
  19 KB (2,772 words) - 16:13, 10 August 2021
• European Legal Policy
  ...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 t
  17 KB (2,605 words) - 15:27, 17 August 2021
• Foreign Law (Application)
  ...ry well include introducing new case law or conducting a constitutionality test.
  19 KB (2,978 words) - 13:17, 18 August 2021
• Advertising, Comparative
  ...I-3095 para 44). Underlying the eight conditions is a proportionality test: comparative advertising is permitted (i) when it is capable of informing c
  17 KB (2,609 words) - 17:16, 9 August 2021
• Non-Performance
  ...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 and
  21 KB (3,383 words) - 17:24, 14 September 2021
• Industrial Design Law
  ...l property protection to the extent that they correspond to the three-step test: they must be (1) limited exceptions that (2) do not unreasonably
  21 KB (3,242 words) - 15:48, 19 August 2021
• Discrimination (General)
  ...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 n
  19 KB (2,924 words) - 17:48, 10 August 2021
• Non-Pecuniary Loss
  ...rtain readership. This judgment of the ECtHR led to a recalibration of the test for balancing privacy and freedom of expression under German law, with the
  20 KB (3,069 words) - 17:15, 14 September 2021
• Competition (Internal Market)
  .... Another example is the delimitation of a market by the so-called ''SSNIP Test'' (small but significant and non-transitory increase in price) which allows
  20 KB (2,995 words) - 09:55, 10 August 2021
• Unfair Competition (Basic Principles)
  ...neral to the specific. If applied in reverse order, they form a three-step-test. In a first step, Annex I to the directive sets out a ‘Black List’ of 3
  21 KB (3,048 words) - 16:39, 23 September 2021
• Unjustified Enrichment
  ...richment but rather protect the defendant by using an extremely subjective test of enrichment when the benefit was forced upon him.
  24 KB (3,789 words) - 10:31, 28 September 2021
• Collective Litigation
  ...oint a lead solicitor from among the parties’ attorneys or it can select a test case to be litigated in a kind of model proceeding. Compared with group act
  21 KB (3,088 words) - 09:44, 10 August 2021
• Insurance Regulation
  ...del of regulation have been implemented in the shape of the Swiss Solvency Test (SST; see Art 9(2) Swiss VAG).
  23 KB (3,372 words) - 13:50, 31 August 2021
• Free Movement of Goods
  ...' [1979] ECR I-649, para 8). However, justification is subject to the test of proportionality so that there can be a justification only if the measure
  19 KB (2,836 words) - 14:52, 18 August 2021
• Legal Profession
  ...st state (double deontology). The stricter law—provided that it passes the test of proportionality—is applicable if a conflict of laws arises. However, v
  21 KB (3,142 words) - 17:15, 2 September 2021
• Salvage
  ... 1(1)) might be a little misleading in this respect. At any rate, the test of whether there was danger or more specifically imminent danger is a rigid
  23 KB (3,646 words) - 14:58, 21 September 2021
• Trusts
  Trusts and their civil law equivalents (eg the ''Treuhand'' under German law) test the comparative law scholar’s imagination and ingenuity on how to cross t
  24 KB (3,679 words) - 15:10, 23 September 2021
• Property Law (International)
  ...ystem of property law. Furthermore, the restriction would have to pass the test of proportionality. However, judicial authority in this area of law does no
  25 KB (3,864 words) - 15:22, 14 October 2021
• Insolvency, Cross-Border
  ...ls are being presented, inter alia, to replace the centre of main interest test and to provide specific provisions for corporate group insolvencies.
  25 KB (3,645 words) - 14:04, 24 August 2021
• Free Movement of Capital and Payments
  ...ural nor those of general economic policy satisfy the ‘overriding reasons’ test. Moreover, even where Member States try to invoke such reasons (eg the need
  23 KB (3,360 words) - 14:37, 18 August 2021
• Recurring Obligations
  ...tention that stretches beyond this frequently depends on a proportionality test: if the partial breach of contract is serious enough to gain relevance for
  23 KB (3,370 words) - 11:57, 16 September 2021
• Mandatory Law (Fundamental Regulatory Principles)
  ...e judicial review of contract terms is concerned, a general reasonableness test is applied in the Nordic legal systems to all contract terms, whereas other
  26 KB (3,919 words) - 09:01, 29 September 2021
• Fundamental Freedoms (General Principles)
  ...so does not apply free of limitations. The ECJ tends to be strict with its test of necessity, which results in the frequent denial of justificatory reasons
  24 KB (3,645 words) - 10:47, 19 August 2021
• Fair Trial
  ...ken seriously, at least the ‘burden of proof’ in the outcome-determinative test should be shifted, obliging the party which is relying on a procedurally ir
  26 KB (4,103 words) - 10:04, 18 August 2021
• Bürgerliches Gesetzbuch (BGB)
  ...lly increased, not least due to EU legislation, and the courts developed a test for the fairness of [[Standard Contract Terms|standard contract terms]] tha
  25 KB (3,628 words) - 15:25, 14 October 2021

View (previous 50 | next 50) (20 | 50 | 100 | 250 | 500)