This paper provides an analysis of the judgment by the German Supreme Court in socalled Poem title list III (Gedichttitelliste III) together with relevant background to the case. The dispute concerned the infringement of the Sui Generis database right and the domestic supreme court decided the matter after the European Court of Justice gave its preliminary ruling on the interpretation of the re...

article 1 of the european convention on human rights provides that the contracting parties shall secure to everyone ‘within their jurisdiction’ the rights and freedoms defined in the convention. at a technical level, the key question is how one should interpret the word ‘jurisdiction’ in article 1. this article plays a key role in the convention system since it sets out the limits on the obliga...

This Article discusses the historic course of recent events insofar as it first describes the Maglite decision of the European Free Trade Association Court. Second, it summarizes the opinion of the Advocate General and the judgment of the Court of Justice of the European Communities in the Silhouette case. Part III focuses on the development of the law in the European Union (”EU”) and European ...

Few contest that the European Court of Justice (ECJ) is an unusually influential international court.1 The Court can declare illegal European Union (EU) laws and national laws that violate the Treaty of Rome in areas traditionally considered to be purely the prerogative of national governments, including social policy, gender equality, industrial relations, and competition policy, and its decis...

European participation in controversial aspects of the ‘war on terror’ has transformed the question of the extraterritorial scope of the European Convention on Human Rights from abstract doctrine into a question with singularly pressing political and legal ramifications.doctrine into a question with singularly pressing political and legal ramifications. Yet the European Court of Human Rights ha...

Legal certainty is a fundamental principle which contributes in the rule of law. According to some authors this principle is an “imperative necessity for the European Union”. Indeed the European case-law recognized the principle of legal certainty. One the one hand, through the European Court of Justice in 1962 in the Bosch judgment. As well, the principle of legitimate expectations – which is ...

From October 2013, European Union member states are obliged to adopt the new European rules allowing patients to search for health care abroad at the costs of the national authorities. The so-called cross-border care Directive (2011/24/EU) facilitates therefore patient mobility in the European Union (1). But only in case a certain treatment option is not (timely) available, or not equally effec...