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The Right to Damages in European Law

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Release : 2009-01-01
Genre : Law
Kind : eBook
Book Rating : 764/5 ( reviews)

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Book Synopsis The Right to Damages in European Law by : Andrea Biondi

Download or read book The Right to Damages in European Law written by Andrea Biondi. This book was released on 2009-01-01. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to present an in-depth discussion of the right of individuals to receive damages in European law. Analyzing relevant ECJ cases, the authors detail the substantive and procedural criteria that need to be satisfied in order for an individual to succeed in a claim for damages against Community institutions under Article 288 EC or against a defaulting Member State under the court-created Francovich principle.

The Passing-On Problem in Damages and Restitution under EU Law

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Release : 2017-01-27
Genre : Law
Kind : eBook
Book Rating : 185/5 ( reviews)

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Book Synopsis The Passing-On Problem in Damages and Restitution under EU Law by : Magnus Strand

Download or read book The Passing-On Problem in Damages and Restitution under EU Law written by Magnus Strand. This book was released on 2017-01-27. Available in PDF, EPUB and Kindle. Book excerpt: ‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this authoritative book Magnus Strand provides the first comprehensive examination of passing-on in EU law damages and restitution. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

The Passing-On Problem in Damages and Restitution under EU Law

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Author :
Release : 2023-12-11
Genre : Law
Kind : eBook
Book Rating : 486/5 ( reviews)

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Book Synopsis The Passing-On Problem in Damages and Restitution under EU Law by : Magnus Strand

Download or read book The Passing-On Problem in Damages and Restitution under EU Law written by Magnus Strand. This book was released on 2023-12-11. Available in PDF, EPUB and Kindle. Book excerpt: ‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.

Towards an EU Law of Damages

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Author :
Release : 2013
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Towards an EU Law of Damages by :

Download or read book Towards an EU Law of Damages written by . This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt:

Copyright in the Age of Online Access

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Author :
Release : 2017-05-15
Genre : Law
Kind : eBook
Book Rating : 794/5 ( reviews)

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Book Synopsis Copyright in the Age of Online Access by : João Pedro Quintais

Download or read book Copyright in the Age of Online Access written by João Pedro Quintais. This book was released on 2017-05-15. Available in PDF, EPUB and Kindle. Book excerpt: " In addition to proving virtually impossible, online enforcement of copyright may be undesirable because it risks encroaching upon fundamental rights and freedoms. However, the problem remains that creators are often not fairly remunerated for the online use of their works. This book addresses the urgent need to study pragmatic legal solutions that enable Internet users to access works in the digital environment, while assuring remuneration to rights holders and promoting the development of the information society. This study examines legalisation schemes that favour remunerated access over exclusivity and enforcement for large-scale online use by individuals. It investigates whether and to what extent these schemes (referred to as alternative compensation systems) are admissible under EU copyright law and consistent with its objectives, responding to such questions as the following in depth: - What existing copyright schemes provide an alternative to the exclusive right in copyright law? - What online rights apply to the activities of Internet users? - What types of models exist for the legalisation of online use of copyright works? - How can the public interest shape the scope of protection of copyright? - Can and should we legalise non-commercial file sharing and online use in EU copyright law? The book carefully examines these questions in light of EU primary law, relevant directives (with a focus on the InfoSoc Directive), case law (especially that of the CJEU), and legal literature in the field of copyright. The analysis culminates with a proposed blueprint for a compensated limitation for non-commercial individual use that is consistent with EU copyright law. As a thoroughly researched and balanced response to the urgent need to rethink EU copyright law in light of its lack of social acceptance and technological adequacy, this book will be of inestimable value to lawyers, policymakers, and scholars in the field, as well as to interest groups involved in discussions for reform and modernisation of EU digital copyright law. "

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