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By Gian Antonio Benacchio

This can be a vital consultant for lawmakers, students, and scholars of legislation, this paintings takes at the bold activity of delivering a close evaluate of the harmonization of legislations within the ecu Union. Skillfully researched, the authors search to technique this subject with an eye fixed to the hot expansion technique. In highlighting the latest activities of the ecu courtroom of Justice and the court docket of First example, the ebook seeks to investigate the longer term strengths and pitfalls of ecu universal legislation. courtroom rulings are quoted at size, and paintings together with textual content inserts in supplying a structure that breaks down advanced details. This open type of the booklet supplies researchers the facility to fast find invaluable info and cite statements from ecu associations.

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Example text

In cases involving Community law, national courts—if in doubt as to the interpretation or validity of that law—may, and in some cases, must, seek a preliminary ruling from the Court of Justice on the relevant questions. For example, articles 81 (formerly art. 85) and 82 (formerly art. 86) TEC are subject to the jurisdiction of the Commission, in the sense that it falls to that body to establish if there have or have not been violations on the part of businesses and, as a consequence, to apply sanctions; the appeal of the Commissions decision is referred to the ECJ, under art.

Among the most famous examples of unification, remembering some Private Law of the European Community 31 legal concepts worked out by convention and inserted into the founding Treaty in 1957, one can think of the concerted practices which may affect trade between Member States and the abuse of a dominant position. At other times, on the other hand, it concerns ideas introduced by Regulations or Directives—one can think of merger control contained in the 1989 Council Regulation and in the 1983 Council Directive on consolidated accounts.

Below § 14, this chapter. Private Law of the European Community 33 Convention of 1980 on Contracts for the International Sale of Goods28 does not unify the concept of breach of contract (every case in which the performance is in fact rendered falls short in some way of what was promised in the contract). Under art. 30 CISG, the vendor is obliged to deliver and to pass title in goods which conform to the contract, along with the accompanying documents. ), this is a breach of contract which entitles the purchaser to exercise the rights provided by art.

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