This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of “dominant position” in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Next, the author explains the different types of abus...

The decision of the Court of Justice of the European Union to ban sex discrimination in insurance has shown the potential reach of the principle of non-discrimination. This paper discusses the different positions taken by participants in the policy process leading up to the decision, in order to reveal the potential and limitations of nondiscrimination as the basis for market-regulatory social ...

More than ten years after law n. 40 of February 19, 2004 became effective, regulation on medically assisted reproduction has dramatically changed outlook. The authors report on the steps that led to these changes through Courts' rulings, the Supreme Court's verdicts and the European Court of Human Rights' decisions, as well as ministerial regulations and guidelines concerning medically assisted...

Opinion 1/09 on the draft agreement for a unified patent litigation system reveals a degree of scepticism and distrust on part of the ECJ when it comes to the European Union’s international co-operation, especially its participation in international frameworks for dispute settlement. The Opinion not only made it far more complicated to achieve the aim of a unified patent litigation system in Eu...

In the summer of 2001, the European Court of Justice ruled that patients in the European Union (EU) must be reimbursed for treatment in another EU state if the operation they need is recognised and they face delay in treatment in their own country1. The long waiting list in the UK means that many patients may well fulfil these criteria and, indeed, patients have already been sent to France and ...

Like every federal order the German system is characterized by the principle of “strict separation” of powers and functions between the federal government (Bund) and the states (Länder). Both are vested with the three branches of public power: the legislative, the executive, and the judiciary. And each is responsible and accountable for its own acts and decisions, even if a federal law delegate...

For reasons we can only guess at, the Hungarian government has helped Formula One (F1) drive a hole the size of a race track in the side of its tobacco promotion ban. The ramifications are likely to be felt worldwide, as the development provides a case history showing how to circumvent the legislation required in all countries that ratify the World Health Organization's Framework Convention on ...