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The Free Movement of Goods

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0003
Subject:
Political Science, European Union

The previous chapter showed how transnational activity, the adjudication of the European Community (EC) law, and EC lawmaking had developed symbiotically to determine much of what is important about ... More


Liberalizing Europe: The Commission, the Court, and the Creation of a European Market

Mark A. Pollack

in The Engines of European Integration: Delegation, Agency, and Agenda Setting in the EU

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251179
eISBN:
9780191600111
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251177.003.0006
Subject:
Political Science, European Union

The ability of supranational agents such as the European Commission and Court of Justice to influence policy outcomes in the European Union varies as a function of the control mechanisms established ... More


Environmental Protection

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0005
Subject:
Political Science, European Union

An examination is made of the emergence and institutionalization of a new policy domain for the European Community (EC): environmental protection – a domain that did not exist before the signing of ... More


The Judicial Construction of Europe

Alec Stone Sweet

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.001.0001
Subject:
Political Science, European Union

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ... More


The Definition of Measures Having Equivalent Effect

Laurence W Gormley

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0011
Subject:
Law, EU Law

This chapter examines the definition of measures having equivalent effect. It shows how dynamic Community law is; on the one hand there are clear signs of continuity and consistency, on the other ... More


Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services

Andrea Biondi

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0013
Subject:
Law, EU Law

This chapter focuses on the possible boundaries of Article 49 EC Treaty, and attempts to delineate what is ‘outside’ more than on what is ‘inside’. Particular attention will be devoted to the ... More


Competition law

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

The EC Treaty is founded on the twin principles of free trade and undistorted competition. The former is guaranteed by the provisions on free movement of goods and services. The latter is protected ... More


Labels, Locals, and the Free Movement of Goods

Niamh Nic Shuibhne

in Culture and European Union Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199275472
eISBN:
9780191699825
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275472.003.0003
Subject:
Law, EU Law

In considering how localized consumer tastes have to comply with the requirements set by both regional and national production, we realize that the free movement of goods in the European Community ... More


The conflict between intellectual property rights and the principle of free movement

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

Article 30 recognizes the existence of a conflict between intellectual property rights and the free movement of goods. It resolves that conflict by giving priority to intellectual property rights. ... More


The specific subject-matter of the right

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

The greatest defect in the existence/exercise distinction is that it is too vague to be of much use by itself. It provides no guidance as to when the exercise of the right will fall foul of Articles ... More


The applicability of national laws governing the creation of intellectual property rights, in the absence of harmonization

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law

The European Court of Justice has consistently held that, in the absence of harmonization by the Community institutions, it is for national law to determine the procedures and conditions governing ... More


Free Movement of Goods and the Room for Member State Action

David Langlet and Said Mahmoudi

in EU Environmental Law and Policy

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198753926
eISBN:
9780191831904
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753926.003.0003
Subject:
Law, Environmental and Energy Law

This chapter considers whether environmental protection measures taken within an area that has not (yet) been regulated by the EU could restrict the free movement of goods within the Union. This only ... More


The dichotomy between the existence of the right and its exercise

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

It is clear from Article 30 that a balance must be struck between the principle of free movement and the protection of intellectual property rights. Since the mid-1960s the European Court of Justice ... More


Treaty Freedoms and EU Energy Markets

Kim Talus

in Introduction to EU Energy Law

Published in print:
2016
Published Online:
November 2016
ISBN:
9780198791812
eISBN:
9780191834073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198791812.003.0005
Subject:
Law, Environmental and Energy Law

The chapter on Treaty freedoms and EU energy markets covers the basic rules and cases on the free movement of goods and capital in the energy sector. The focus of the chapter is on the existing case ... More


The Balancing Impact of General EU Law on European Intellectual Property Jurisprudence

Alain Strowel and Hee-Eun Kim

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

The authors give an overview over the relationship between general EU law and intellectual property law, in particular copyright law. They note that a first phase of development was characterised by ... More


Transnationalism

Theresa Kuhn

in Experiencing European Integration: Transnational Lives and European Identity

Published in print:
2015
Published Online:
March 2015
ISBN:
9780199688913
eISBN:
9780191768026
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688913.003.0002
Subject:
Political Science, European Union

Chapter 2 first summarizes how European integration has set the stage for increased cross-border transactions. Next, it conceptualizes transnationalism, thereby distinguishing between macro-level ... More


The Impact of General EU Law on Industrial Property Law

Christopher Wadlow

in The Europeanization of Intellectual Property Law: Towards a European Legal Methodology

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199665105
eISBN:
9780191758881
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199665105.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter analyses the early phase of European law, in which territorially restricted intellectual property rights were mainly seen as obstacles to the fundamental freedoms. While the ECJ had to ... More


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