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Eligibility of Qualification Obtained in another Member State
Vlková, Lenka ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
My thesis summarizes the legal documents relating to eligibility and possibility of legal practice in another state than the home member state. European Union Law in this regard is binding for the Czech Republic since its accession to the EU in 2004. The work is divided into chapters giving comprehensive and coherent information. The introduction justifies my choice of the topic and outlines particular chapters. The first chapter is devoted to cross-border advocacy and the related terms of a European lawyer or Union element. The second chapter begins with the interpretation of the content of primary law in relation to advocates and their activity. The third chapter presents relevant legal documents of secondary union law - directives. The fourth chapter describes fundamental Czech legislation, namely the Law on Advocacy. The fifth chapter discusses the legislation in France. The sixth chapter contains two examples of Czech and EU case law. In the chapter of annexe there is a list of the professional designation of the home state set by Ministry of Justice, so it is a list of titles of persons authorized to provide legal services, and the second annexe is a bar chart showing the number of European lawyers established in the Czech Republic. The thesis provides a comprehensive set of information for...
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Development of margin squeeze in comparison to the development of similar types of abuse of dominant position in the EU competition law
Řepka, Matěj ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
The aim of this thesis is to analyse how the margin squeeze developed within the reasoning of the European Union. Margin squeeze is a special type of abuse of dominant position. This type of abuse has massively developed in last years. However, we cannot say that it is totally new form of abuse as we can find certain cases that concern margin squeeze already in the 70s. Nevertheless, especially because of the liberalisation of network industries in the 90s, this abuse has substantially spread up and because of that there was a necessity to answer certain questions that were unclear until that time. This thesis is composed of four main chapters that are further composed of particular subchapters for the purpose to analyse this development. Chapter one is dedicated to general characteristic of the margin squeeze. This abuse is first of all classified as a special type of the abuse of dominant position according to article 102 TFEU. Afterwards, the chapter concerns about the definition of this abuse and its particular legal and economical characters. This all from theoretical point of view. Chapter two briefly discuss the most significant cases that concern margin squeeze and that were decided by European institutions. All these cases are ordered chronologically and the main goal is to describe its...
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Convergence and Divergence of Antitrust in EU and USA after the year 2000
Opat, Daniel ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
81 Summary This thesis focuses on predatory pricing in competition law of European Union and United states of America. The main goal of the thesis is to analyze the development of predatory pricing on the both sides of Atlantic and to show where the approach to predatory pricing is similar and where was used different perspective. The thesis is divided to three chapters. First part of first chapter describes predatory pricing in general. It supplies a complete view on basic elements of predatory pricing that were and some still are used to identify them. Second part of first chapter brings overview of the most important tests of costs and basic economic terminology, that is important for price tests. Last part introduces most important schools of competition law, that had the biggest impact on forming of approaches to predatory pricing. Second chapter deals with main milestones of development of predatory pricing in the United States. It brings chronological overview of laws and decisions of the U.S. Supreme Court, and analyses their importance for next judicial practice. End of this chapter summarizes development of predatory pricing in the USA on basis of foregoing findings. Third chapter similarly describes historically younger, but equally dynamic development of predatory pricing in European Union. At...
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European trade mark in the case law of European courts
Cabák, David ; Zemánek, Jiří (advisor) ; Svobodová, Magdaléna (referee)
This thesis analyzes the contemporary case law of European courts regarding Community trade mark. The thesis is composed of five chapters. First chapter characterizes Community trade mark as a legal instrument of the law of the European Union. Second chapter analyzes relevant sources of law. Third chapter deals with institutions that are crucial mainly for the registration and protection of Community trade marks. Then the fourth chapter describes the registration process before the Office for Harmonization in the Internal Market. First part of this chapter focuses on the formalities of an application of the Community trade mark filed at the Office. Second part is concerned with the right of priority. Third part looks at absolute grounds for refusal of an application. Fourth part refers to relative grounds for refusal. Finally, the fifth part describes the grounds for revocation of the rights of the Community trade mark. At last the fifth chapter examines the contemporary legal background of the system of protecting the rights of proprietors of Community trade marks. The results of this thesis shows that the current legislation and the case law of European courts contribute to the functioning of the common market and mainly to free movement of goods by reasonable determination of limits for...
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Legal protection of design by Community designs
Bielanová, Markéta ; Svobodová, Magdaléna (advisor) ; Dobřichovský, Tomáš (referee)
The subject of this thesis is the introduction to legal protection of industrial design at EU level through Community design, and comparison of Community design with other types of legal protection available. The thesis is divided into two parts. The first part explains the terms 'design' and 'Community design', while the second part compares Community design with other industrial design legal protection systems. The second part also provides a description of how both Community design and other legal protection systems may be applied concurrently. The first part opens with a definition of the term 'design', and then describes design's relation to intellectual property and industrial design rights. Afterwards, a brief overview of the legal regulation for industrial design protection at national, international, and EU level is presented, and a characterization of institutions that provide design protection at each of the levels, respectively, is given. The key element of the first part of the thesis is a detailed analysis of Community design. The terms 'registered' and 'unregistered Community design' are thoroughly defined, and their common features as well as differences are described. Furthermore, conditions necessary for Community design registration are listed. Finally, a description of the...
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Relationship of the European Union legal order to the World Trade Organization law
Tměj, Jakub ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Both, the European Union legal order and the World Trade Organization law represent important examples of the supranational legal system. This thesis focuses on their mutual relationship, in concrete through the perspective of the EU law. It aims to analyse how the European law approaches the WTO rules and which effects are granted to them. Introductory chapter provides the reader with a wider perspective of the examined topic dealing with relationship of the European law and the public international law in general. It presents the historical development as well as the current status of the relationship. Attention is brought to relevant provisions of the EU law and related case law of the Court of Justice of the European Union. It also outlines a theoretical background of the issue. Chapter Two focuses in a more specific way on the position of WTO norms in the EU legal order. Firstly, it briefly defines the WTO law while reflecting the specifics in regard of the EU. Afterwards, it is examined, which effects are granted to the WTO rules in the European law, particularly through the reasoning of the CJEU. The last chapter puts the results of the analysis into a wider context and sketches the background of the topic at hand. That provides inputs for a final evaluation of the current status and an...
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Horizontal direct effect of the Treaty freedoms
Merjavá, Veronika ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
in English language: The statement of Angela Merkel from November 2014 that she would rather see the UK out of the EU than compromise the free movement in the EU (which as at the date of the submission of this dissertation materialized in potential Brexit) was one of the reasons which encouraged the author to analyse the reach of free movement rules, more specifically the horizontal direct effect of the Treaty freedoms, in this dissertation. The author focuses on the issues stemming mainly from the broader topic of the legitimacy of market integration which the author translated into the concept of separation of the regulatory competences between the EU and the Member States and related separation between the Treaty provisions' addressees, namely the Member States and the private entities. This dissertation focuses on the following research question: To what extent has the CJEU advanced the European market integration through the development of the principle of horizontal direct effect of the Treaty freedoms? The starting point after the establishment of the EEC was that the sole addressees of the Treaty freedoms were the Member States whereas the Treaty rules on competition only applied to private entities. However, as is demonstrated throughout this dissertation, it is nowadays generally accepted...
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Sporting nationality in the light of European Union law
Exner, Jan ; Kunertová, Tereza (advisor) ; Svobodová, Magdaléna (referee)
Sporting nationality in the light of European Union law Jan Exner Abstract The aim of this master's thesis is to answer the question of how to grasp and categorize the concept of sporting nationality in the EU. Its goal is to consider compliance of the rules set up by international sporting governing bodies determining athletes' eligibility in national teams with the concrete provisions of EU law. The provisions under scrutiny are mostly those laying down the prohibition of discrimination on grounds of nationality in the fields of EU citizenship, internal market freedoms and competition. The master's thesis simultaneously aims at suggesting concrete recommendations to international sporting governing bodies in order to better adapt their rules to EU law requirements. The authors of this master's thesis first claims that rules governing athletes' eligibility in national teams fall within the scope of EU law since they have economic impact and effect. Secondly, it is submitted that these rules limit athletes' rights under EU law and constitute therefore a restriction to respective provisions of the EU legal order. That is why the question whether such a restriction to EU law may be justified is examined. In this respect, the Court of Justice provided sporting world with a useful manual on how to pass EU law...
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Right of entry and residence on the territory of member states of the European Union
Vláčil, Jiří ; Král, Richard (advisor) ; Pítrová, Lenka (referee) ; Svobodová, Magdaléna (referee)
This thesis deals with analysis of EU rules on entry and residence on the territory of Member States. These rules are described from the perspective of different groups of people, EU citizens, citizens of EFTA Member States, family members or citizens of Turkey, and also from the perspective of Member States participating in the Schengen Border Area and Member States outside this Area. The core of this thesis consist is the analysis of four key EU rules in this field, namely the Border Code (Regulation 562/2002), the Visa Code (Regulation 810/2009), the 539/2001 Regulation and the 2004/38 Directive, as well as relevant case law of the Court of Justice, that influences the interpretation of the rules in hand significantly. The rules are also assessed from the point of view of principles of legal certainty and legitimacy.
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Legal regulation of goods export from the European Union as part of common trade policy
Pávková, Lucie ; Scheu, Harald Christian (advisor) ; Svobodová, Magdaléna (referee)
Export legal regulation of the European Union as a part of common trade policy The thesis focuses on export of goods from EU to third countries, its legal regulation on both primary and secondary level and its display in the Czech legal regulation. Subsequently, the legal regulation is compared to export legal regulation of WTO. The aim of this comparison is to find out, whether there are any conflicts between EU and WTO regulations. Hypothesis consists of two thoughts: a) Legal regulation of export of goods as a part of EU common trade policy is embedded in EU law in detail. Export of goods is regulated (special) or banned in comparison to the regular export regime in certain cases; b) EU legal regulation of export of goods is in compliance with WTO legal regulation of export of goods. The descriptive, analytical (in part related to EU legal regulation) and comparative (in part related to WTO export regulation) methods were used when verifying the hypothesis. The thesis consists of two main parts. The first one aims to describe and analyze the EU common trade policy in relation to export of goods and its display in primary and secondary law. The aspects of common trade policy as an external activity is described as well. Based on this analysis, the thesis concludes that hypothesis "a)" is true and...
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