The EU Law UK collection, for students studying the subject within the UK, is available for individuals to purchase here. The EU Law collection, for students studying outside of the UK, can be purchased here. If you have access already you can choose to view all titles in your subscription.

Access regularly updated Brexit coverage available for free at www.oxfordtextbooks.co.uk/orc/eulaw featuring comment, opinion, and updates from leading academics and authors as the process unfolds.

 1-20 of 532 Results  for:

Clear all

Chapter

This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

Chapter

This chapter considers abusive pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It discusses cost concepts used in determining whether a price is abusive and deals with excessive pricing; conditional rebates; bundling; predatory pricing; margin squeeze; price discrimination; and practices harmful to the single market. Price discrimination may be both exploitative and exclusionary and an excessively high price may be a way of preventing parallel imports or excluding a competitor from the market; but the division may provide helpful insights into the way in which the law is applied in practice. In each section the application of Article 102 by the European Commission and the EU Courts is considered, followed by cases in the UK. Where appropriate, reference is made to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.

Chapter

This chapter examines the provisions of Article 265 of the Treaty on the Functioning of the European Union (TFEU) concerning action for failure to act. It discusses the notion of ‘reviewable omissions’, the scope of the EU institutions’ duty to act and the consequences of a successful action. It explains that the procedure provided under Article 265 TFEU complements the Article 263 TFEU procedure.

Chapter

This chapter discusses the acts of the Member States, which is divided into three major categories: constitutive treaties, subsidiary conventions, and acts of the representatives of the Member States. The constitutive Treaties lay the foundations of the European Union. They may be viewed as the constitution of the Union: they set up the various organs of the EU and grant them their powers. Subsidiary conventions refer to previous international agreements between the Member States, most of which have been brought fully within the EU system. The acts of the representatives of the Member States refer to acts adopted by the representatives of the governments of the Member States, meeting in the Council. The chapter also addresses the question of what happens when one of the EU Treaties conflicts with some other treaty.

Chapter

25. AFSJ:  

EU Criminal Law

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.

Chapter

This chapter considers the general principles of the application of Article 101 TFEU. Article 101 TFEU applies to joint, coordinated conduct understood in a broad sense to catch agreements, decisions by associations of undertakings, and concerted practices. The most important question is that of whether there is in the conduct a prevention, restriction, or distortion of competition within the meaning of Article 101(1) TFEU. Some forms of conduct, such as horizontal price fixing, are generally deemed to be anticompetitive by object; others, such as vertical distribution agreements, must be analysed in order to determine the competitive effects of the conduct. For the prohibition to apply, there must be an effect on trade between Member States. Article 101 TFEU has direct effect, and conduct prohibited is illegal without any decision to that effect being necessary.

Chapter

This chapter discusses international agreements as a source of Union law; the treaty-making powers of the Union; treaty-making procedure; legal proceedings; acts of institutions established by agreements with third countries; international agreements and the Union legal system; binding agreements concluded by the Union and the Member States; and when the European Court may refuse to give effect to an international agreement on the ground that it was contrary to union law.

Chapter

This chapter focuses on the most important pricing and non-pricing practices, which together constitute the larger part of the anti-competitive and exploitative abuses of dominant firms. The types of conduct considered abusive of market power are similar under most competition regimes, and include both pricing and non-pricing practices. The ‘form-based’ analysis of abusive practices is progressively shifting to an ‘effects-based approach’. In the EU and the UK, both exclusionary and exploitative abuses may fall foul of the relevant competition law provisions. Exclusionary practices are usually considered abusive when they are likely to lead to ‘anticompetitive foreclosure’. The EU and UK law and practice in relation to all these potential abuses is and will remain aligned until the UK has formally left the EU.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Andrea Francovich and Danila Bonifaci and others v Italian Republic (Joined cases C-6/90 and C-9/90), EU:C:1991:428, [1991] ECR I-5357, 19 November 1991. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

8. The Application of EU Law:  

Remedies in National Courts

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law. The UK version contains a further section analysing issues concerning remedies and EU law in relation to the UK post-Brexit.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law. The UK version contains a further section analysing issues concerning remedies and EU law in relation to the UK post-Brexit.

Chapter

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aranyosi and Căldăraru (Joined Cases C-404/15 and C-659/15 PPU), EU:C:2016:198, 5 April 2016. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

This chapter examines the European Union (EU) home affairs law and policy, known in EU law as ‘the area of freedom, security and justice (AFSJ)’. It discusses the provisions of EU law on immigration and asylum (refugees and subsidiary protection) regulating the entry and residence of non-EU citizens, distinguishing between legal and unauthorised entry (controls at the border and expulsion and detention of irregular migrants), and the protection given to third -country nationals by a range of legislative measures. It also introduces the legal framework for the EU’s criminal justice policies, including the link between substantive criminal law and other EU policies.

Chapter

This chapter examines the European Union (EU) home affairs law and policy, particularly in relation to freedom, security and justice (AFSJ). It discusses the provisions of EU law on immigration, distinguishing between legal and unauthorised entry, and the protection given to third country nationals by a range of legislative measures. It also introduces the legal framework for the EU's criminal justice policies.

Chapter

This chapter examines the relationship between Article 101(1) and Article 101(3). It looks at the central question of which agreements, decisions and concerted practices have as their object or effect the prevention, restriction or distortion of competition for the purposes of Article 101(1) and at the issue of which agreements are held to infringe Article 101(1) but meet the critera for exemption from the prohibition set out in Article 101(3). The chapter looks at the way in which the interpretation of ‘object or effect the prevention, restriction or distortion of competition’ has changed since the early days of EEC competition law and at the problems of identifying which agreements are restrictive by object and which restrictive by effect. It examines the recent and controversial case law on this matter and the difficulties which remain including the doctrine of ancillary restraints. It then focuses on the analysis of the effect of agreements which are not restrictive by object, including the concept of appreciability and the de minimis notice. The chapter then considers the matter of which restrictive agreements may neverthess escape the prohibition in Article 101(1) because they meet the criteria in Article 101(3) in that they improve the production or distribution of goods or the promotion of technical or economic progress, how this criterion is distinguished from the agreement not having restrictive effects that bring it within Article 101(1) in the first place, and whether the Article 101(3) criteria can encompass socio-political or public policy matters. The chapter considers the application of the Article 101(3) criteria, the shifting of the burden of proof between Article 101(1) and 101(3), and the existence and importance of block exemptions.

Chapter

This chapter discusses the text and scheme of Article 101 which prohibits agreements, decisions and concerted practices which restrict competition and may affect trade between Member States. It explains the terms employed in Article 101(1) and how they are interpreted and applied. This entails a discussion of the meaning of ‘undertaking’ and ‘association of undertakings’, including the concepts of ‘economic activities’ and of a ‘single economic entity’; the meaning of ‘agreement’ including the coverage of both horizontal and vertical agreements; the meaning of ‘concerted practice’; the meaning of ‘decisions by associations of undertakings’; the application of Article 101(1) to complex arrangements and single continuous infringements; and the meaning of an appreciable effect on trade between Member States.