Yearbook of European Law - Vol. 4

By A. Barav; D. A. Wyatt | Go to book overview
Index
acquired rights:
contractual argument, 22-3
Cork Committee proposals, relevance of, 52
creditors, assertion by, 49
Directive:
consultation procedure, 28
dismissal before transfer, as to, 29
European Court of Justice, interpretation by, see European Court of Justice
narrower claim, more recognition for, 27-8, 49
partial harmonization, achieving, 38
rights of employees, compulsory transfer of, 28-9
Social Action Programme, product of, 25-6
United Kingdom, implementation in, 29-34
watered down, 27
employee consent, obtaining, 50
employees as creditors, 53
insolvent transferor, 23
creditor's property rights, clash with, 24
European Court of Justice, arguments in, 42-7
overriding of rights, 51
priorities, issue of, 51-2
sale, amount realized on, 24
labour law, acceptance by, 22
mutual freedom of contract, 49-50
theory of, narrow form, 21-2
transfers legislation, limited recognition in, 48
United Kingdom Regulations, see transfer of undertakings
administrative acts, Council of Europe Recommendation on provisional court protection against, 372-3
agricultural market organizations, application of competition rules, 281-6
air transport sector, application of competition rules, 309-10, 314
Anton Piller order, interference with home to implement, 437-41
approximation of laws, Articles: 97
Article 30:
Court of Justice, view of, see European Court of Justice
new definition, need for, 204-7
'off limits' zone, 206
as quantitative restriction, 205
Article 43, test for application of, 240
auditors, Directive on qualification, 102
banking:
competition rules, 289-93
European Parliament, legislation in 257-8
Brussels Convention:
employment contract:
definition, lack of, 327
unsigned, choice of law clause in, 323
multinational obligations, employments with, 326
relevant work performed outside contracting States, 324-6
budgetary law, 252-4
citizens' rights:
civil rights and liberties, 264-5
Declaration of Fundamental Rights and Freedoms, 261
freedom of access to information on the environment, 265
fundamental, 260-3
racism and xenophobia, problem of, 262
social, 263-4
Common Maritime Transport Policy:
bilateral cargo-sharing arrangements,
Commission, competence of, 221-2
criteria for, 211
exceptional circumstances,
pragmatic approach, limits of, 218-19
restrictive interpretation, 214-18
existing arrangements, 211-13
implied, 213
meaning, 210-13
member States, negotiation by, 221-3
non-discrimination, principle of,
assurances, adequacy of, 220-1
Commission requirements, rejection of, 219-20
outsiders, position of, 221
partial definition, 210-13
where permitted,
exceptional circumstances requirements, 213-19
non-discrimination, where, 214, 219-21
within scope of Regulation, 209
bilateral shipping agreements, bias against, 209
Brussels Package, 216
commercial principles, application of, 209
European parliament, implications for, 242
foundations of, 209
Liner Conferences:
anti-trust measures, 217
Code of Conduct, 211, 214-17
test case, features of, 210
companies:
European, regulation for, 115
international, creation of, 94-5

-479-

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