|
|
The doctrine of the ban on parallel imports within competition law of the European Union
Neuwirth, František ; Šmejkal, Václav (advisor) ; Svoboda, Pavel (referee)
THE DOCTRINE OF THE PROHIBITION ON PARALLEL IMPORTS RESTRICTIONS WITHIN COMPETITION LAW OF THE EUROPEAN UNION The aim of this thesis is to analyse the current approach of EU competition law to parallel imports restrictions in light of nearly a half-century of EU Courts' case-law's evolution and in comparison with the approach adopted by US antitrust law. The traditional attitude of the EU Courts and of the Commission towards competition restraints of this type is described in literature in clear terms. However, this is not the case when it comes to the recent and current ambiguous developments within EU competition law. Therefore, this thesis aims to verify these two hypotheses. The first hypothesis says that evolution of the EU institutions approach to parallel imports restrictions has a circular nature: it starts from the traditional, intransigent position adopted in the early decades of European integration and it continues through a more lenient, economic approach in the period of the so called modernization of EU competition law to return to a rather traditional attitude typical of the current times. According to the second hypothesis, the current EU institutions' attitude towards parallel imports restrictions has nevertheless been shifted, during the modernization period, to a more...
|
|
|
Low-field excitations in magnetite
Švindrych, Zdeněk ; Janů, Zdeněk (advisor) ; Novák, Pavel (referee) ; Svoboda, Pavel (referee)
We have performed detailed measurements of magnetic and dielectric properties of high quality magnetite (Fe3O4) single crystals in weak magnetic and electric fields. These measurements can reveal details of phase transitions and other features that are not yet fully understood. We focused not only at the Verwey transition - a well known phase transition taking place at about 120 K in stoichiometric samples - but we also explored and described new relaxation effects in magnetite at low temperatures. The low-temperature properties were also found to be exceptionally sensitive to sample quality, stoichiometry and homogeneity. The results presented in this thesis were acquired on sensitive non-commercial SQUID magnetometer complemented by four-probe dielectric spectroscopy and dc conductivity measurements.
|
|
|
The methodology of the proper way of storing manure on agricurtural land
Svoboda, Pavel ; Wollnerová, Jana
The proposed methodology describes a complete manual to the correct storage of farmyard manure on agricultural land before its application. The publication notes a practical approach to storage farmyard manure on agricultural land from the selection of suitable disposal site through ongoing treatment of deposited manure to agricultural measures that are suitable implement in the disposal site after the distribution of farmyard manure on fields. In the methodology are also given legislative measures that impose conditions for storing farmyard manure on farmland. All the measures are clearly described that are aimed at maintaining the quality of stored farmyard manure and reduction of the risk of environmental pollution, especially of surface and ground waters. Special attention is paid to measures for storage of farmyard manure in vulnerable zones identified in the action program of the Nitrates Directive. For selecting a suitable place to storing farmyard manure are available in the methodology detailed instructions, with the help of data in the registry of soil LPIS at web site Portál farmáře. The model of the required emergency plan or supplement of the plan is also given in the methodology.
Fulltext:  PDF
|
|
|
The leniency programme in European and Czech cartel law
Tučková, Zuzana ; Svoboda, Pavel (advisor) ; Tichý, Luboš (referee)
Resumé The aim of this master thesis is to introduce the concept of the leniency programme and to describe its development and current legal regulation in the European Union and the Czech Republic, to evaluate its rules, its effectiveness and morality. The thesis also explores the relationship between leniency programme and other instruments in antitrust law enforcement. The first chapter defines what a leniency programme is and describes its evolution in the USA and the EU. Leniency programme lies in granting full or partial immunity from sanction to the member of a cartel that reports the existence of this cartel to the antitrust authority. Next it describes the key features of an effective leniency programme. It means severe sanctions for competition infringement, fear of detection and transparency of the programme. Next chapter deals with the development of leniency programme in the EU. It points out the differences between European Commission notification issued in the years 1996, 2002 and 2006 and it describes how the programme works nowadays. It also focuses on the cases in which the Commission used the leniency programme. This chapter entails also the issue of European Competition Network and it Model Leniency Programme. Chapter Four deals with the leniency programme in the Czech Republic,...
|
|
|
Subsequent actions and enforcement of cartel law
Tesařík, Pavel ; Tichý, Luboš (advisor) ; Svoboda, Pavel (referee)
Follow-on Actions and Enforcement of Antitrust Law The purpose of my thesis is to analyse the private enforcement of antitrust law as regards the follow-on actions. The research tries to explore this subject and points out to the most problematic issues in pursuing the action for damages after the decision of the national competition authority was made. The thesis is composed of five chapters, each of them dealing with different aspects of the follow-on actions. Chapter One is introductory and defines the basis of private enforcement of antitrust law and explains the differences between follow-on and stand-alone actions. Chapter Two examines the binding effect of the decisions of the competition authorities on courts when dealing with follow-on actions . The chapter consists of six parts. Part One focuses on differences between national legislation of some EU member states. Part Two investigates the legislation which is in force in USA. Part Three deals with the proposal made by the Commission of the European Union in the White paper on this subject. Part four concerns the problem of whether or not the decision of the national competition authority should have irrebuttable effect before the court. Part five is dealing with the decisions of competition authorities from abroad. Part six focuses on commitment...
|
|
|
Locus standi of non-privileged applicants to bring an action for annulment
Moravcová, Eva ; Svoboda, Pavel (advisor) ; Král, Richard (referee)
Locus standi of non-privileged applicants to bring an action for annulment Abstract Every developed legal system is bound to have a mechanism for checking the procedural and substantive legality of measures adopted by its institutions. In the European Union it was of significant importance to create a system of control over the acts of the EU institutions given the democratic deficit within the Union and the limited supervisory role of the European Parliament. Binding acts of the EU institutions are subject to review through a number of routes provided by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on the European Union (TEU), namely action for annulment (Art. 263 TFEU), the plea of illegality (Art. 277 TFEU), the preliminary reference (Art. 267 TFEU) and the action for damages (Arts. 268 and 340 TFEU). The Court has consistently endeavoured to treat the several strands as a complex and coherent system of judicial review within the Union based on the rule of law. The action for annulment under Art. 263 TFEU plays a crucial role for individuals as it is in practice the only direct way open to individuals to challenge the acts of EU institutions. The main purpose of my thesis is to examine whether the current wording of Art. 263(4) TFEU provides for individuals a sufficiently...
|
|
|
General and individual exemptions in the provision of state aid under European law
Štěpánková, Zuzana ; Svoboda, Pavel (advisor) ; Šmejkal, Václav (referee)
General and individual exemptions in the provision of state aid under European law This diploma thesis refers to the European regulation of the provision of state aid by member states. Because of the fact that under certain circumstances state aid can affect the economic competition among concurrents both within a member state and within the internal market of the EU and thus have a significant bad influence on it, art. 107 subsection 1 of the Treaty on the Functioning of the European Union (TFEU) states a general interdiction of providing state aid by the memeber states. It defines state aid as financial aid in any form (direct grant, soft loan, tax allowance, interest subsidy etc.), payed out of financial ressources belonging to the state ("state" defined in a large sense as both the central state sphere and local government sphere), which give preferential treatment to certain companies or certain production sectors and thereby affects or may affect competition, and lastly which have an influence on business between the member states (have an effect on the internal market). Of course there have to be exemptions from this general interdiction. The exemptions are regulated in art. 107 subsection 2 TFEU (general exemptions) and 3 TFEU (individual exemptions). There are three general exemptions:...
|
|
|
Foreign and security policy of the EU with regard to the Lisbon Treaty
Vyšinková, Jindra ; Scheu, Harald Christian (advisor) ; Svoboda, Pavel (referee)
FOREIGN AND SECURITY POLICY OF THE EU WITH REGARD TO THE LISBON TREATY Common Foreign and Security Policy (CFSP) of the European Union (EU) is from its beginnings to the present time the area that is evolving very slowly with regard to other EU policies. It is a sensitive political issue, traditionally understood as a part of national sovereignty. That is why it has always been facing the reluctance of Member States to limit their powers in this area in favour of the Union. Union is constantly criticised for the lack of consistency of its external actions. Member states feel that it is necessary to "speak with one voice", if they want to have chance to be a legitimate partner to the world powers. It leads to slow enhancing of cooperation in the CFSP matters. Lisbon Treaty entered into force on the 1st December 2009 and brought many changes in the functioning of the EU. The aim of the thesis is to analyse the CFSP and the changes introduced by this Treaty without mentioning European Security and defence Policy. The thesis is divided into 5 chapters, each of them dealing with different aspects of CFSP. Chapter One is introductory and defines basic terminology used in the thesis and the context of external relations of the EU in order to explain the position of CFSP within EU policies. Part of this chapter is...
|
|
|
Dominant position and its abuse in the Czech and European Community Law
Vavříček, Vladimír ; Svoboda, Pavel (referee) ; Šmejkal, Václav (referee)
This thesis addresses dominant position and its abuse in the Czech and in the European Community law, by the means of comparative method. Analyzes and comments on new, relevant courts practice and takes a closer look at reform of the competition law in the field of Art. 102 TFEU. For the sake of the global description of topic in question, the thesis briefly mentions concepts of economic position, economic dependency (significant market power) and their abuse and also presents concept of monopoly position and its abuse in antitrust law of the United States of America.
|
|
|
The UN Security Council Measures in the Fight against Terrorism from the Perspective of the European Human Rights Protection
Nagy, Peter ; Scheu, Harald Christian (advisor) ; Svoboda, Pavel (referee)
In the present doctoral (rigorosum) thesis, the author deals with the assessment of counter-terrorism measures adopted by the UN Security Council from the perspective human rights guarantees provided by European Union law. The aim of the analyzed measures is the freezing of financial and economical assets belonging to natural persons and corporate entities which are connected to the commission of terrorist acts or are suspected thereof. This type of measures represents one of the global instruments in the fight against international terrorism. In order to place the issue in its broader context, the author first deals with the definition of terrorism. Afterwards he analyzes the position of the UN Security Council with accents on the binding nature of its resolutions under Chapter VII of the UN Charter and the possibility of (judicial) review of these legal instruments. The author then introduces the functioning of sanctions regimes adopted pursuant to UN Security Council resolutions 1267 (1999) and 1373 (2001) both in the relevant UN bodies and in the European Union as well, while special attention is paid to the legal basis of regulations introducing the sanctions system to the realm of EU law. Afterwards the method of human rights protection in EU law via the creative use of general principles as...
|
guest ::
RSS feed.