The company referred the case to the Swedish district court, which decided partially in its favour, considering that the export prohibition as regards the EU and the EEA was contrary to Directive 93/42/EEC (Article 4) or Article 29 of the EC Treaty
(prohibition of quantitative restrictions to exports).
Prior court rulings on a similar rule found that such a rule conflicts with the protection for the free movement of workers under the EC Treaty
. Despite this conflict, the President of FIFA pressed forward, citing three main justifications for implementation of the new rule.
The Commission had opened, on 1 October, formal proceedings against Qualcomm for suspected exploitative practices because of an allegation that it had violated Article 82 of the EC Treaty
. Qualcomm holds the intellectual property rights to CDMA (code division multiple access) and WCDMA (widebandacode division multiple access) standards applicable to telephone usage.
The Commission said the two provisions are incompatible with Article 43 of the EC Treaty
, which guarantees freedom of establishment.
The European Commission announced, on 14 July, that it had decided to authorise under EC Treaty
state aid rules a scheme proposed by the United Kingdom introducing a trading system for CO2 emissions.
On the basis of the competition rules in the EC treaty
, the European Commission approved of Estonia's measure for aiding entrepreneurs in overcoming the current economic crisis.
a record 1.06 billion [euro] ($1.45 billion) May 13, finding the chipmaker's practices violated EC treaty
The Court ruled that Austria and Sweden had breached obligations under article 307 of the Treaty Establishing the European Community ('EC Treaty
') (1) by maintaining, with third countries, BITs that could interfere with the EU's powers to restrict capital movements.
The text provides international tax practitioners and academics with analysis of key issues arising from the relations between European law and third countries in the area of direct taxation, including the external scope of Article 56 EC Treaty
and its impact on the relations with third countries, the indirect impact of other fundamental freedoms on the relations with third countries, the scope of fundamental freedoms in relations to EEA States under the EEA Agreement, the impact of secondary EC law on relations with third States, the Article 307 EC Treaty
, and the treaty-making power of the EU in relations with third States.
The Commission recalls that the EU Court of Justice has previously ruled that when a state measure results in inequality of opportunity between economic operators in favour of a dominant public undertaking, this constitutes an infringement of Article 86(1) of the EC Treaty
, in conjunction with Article 82.
Targeted to lawyers, policymakers and academics interested in copyright law, the book evaluates the economic and legal consequences of the rise of user-generated content for existing copyright rules, with reference to human rights law, competition law and other policies contained in the EC Treaty
. It includes information on policy options that may help establish a balance between digital copyright law and the preservation of constitutionally-mandated end-user activities such as personal use, private copying, educational and research activities.
More to the point, if there is any immunity under application of the free movement rule due to the "sports-specificity" of the rule, then in my opinion, the inevitable consequence is that this rules out unfair restriction of competition under Article 81, EC Treaty
, as well as abuse of an economically dominant position under Article 82, EC Treaty
, and that the sporting rule rather promotes competition, is efficient, and as such is entirely legitimate.