International and European Law
Essay Preview: International and European Law
Report this essay
Universal effect of the ecoArt. 2 – establishes the law that is to be applied even if it is not from a ec msExample 4.2 page 82Freedom of choice Art. 3 – parties decide which law is applicable when they re from different countries (preferably in writing)Nationality not deciding. Place of residence isParties cannot make their contract INTERNATIONALApplicable law in the absence of choiceArt. 4.1 lists applicable laws:1a. Sales contract?: sellers residence1b. Services contract?: providers residence1c. Immovable property: wherever property is locatedContract for the Carriage of GoodsArt. 5 – law applicable at the moment contract was concluded:the carriers place of business (conditions: same place as loading goods/delivery address of goods/place of consigner)Place of delivery as agreed by the partiesexample 4.7 p. 85Insurance contractsArt. 7 – to the extent that the applicable law has not been chosen by the parties, the insurance contract shall be governed by the law of the country where the insurer has his habitual residenceIndividual Employment ContractsArt. 8 – applicable law is the law of the country where the employee worksArt. 8.3 – when employee works in different countries, then the law of the country of employer appliesECO: 4 steps againStep 4: applicable law in the absence of choiceArt. 4-1a: sale of goodsArt. 4-1b: servicesArt. 4-1a: immovable propertyArt. 4-2: otherwise, the law of the country of the party that has to effect the most characteristic performanceContent Law-CISGQ1 – what court of law has jurisdiction? (Eex)Q2 – what law has to be applied (eco)Q3 – what is the content of the applicable law? (CISG)CISG applicable? Art. 1 and art. 2Obligations of the sellerArt. 30 CISG – delivery of goodsWhere? Art. 31 CISG: contract at a buyers disposal When? Art. 33 CISG:Contract within reasonable timeConformity of the goods? Art. 35 CISG: goods must be conform the contract: quality, amountThird party claims? Art. 42 CISG GOODS must be free of IPR claimsAgreements and deliverySellers breach of contract!Options for the buyer if she seller doesnt perform well:Art. 46 CISG: require performance (delivery, substitute goods or repair)Art. 49 CISG: declare the contract avoided!!!!!!!(Effects art. 81/84 CISG)Art. 50 CISG: reduce the priceArt. 74 CISG: claim damages (also 75)Options for the sellerBuyers breach of contract!Art. 61 CISG: Options for the seller if the buyer doesnt perform well:
Art. 62 CISG: require to pay the price “an additional period of time can be fixed”Art. 64 CISG: declare the contract avoided!!!Art. 74 CISG: claim damagesEC regulations -> directly applicableEC Directives -> not directly applicableMs needs to implement transferEC Decision -> specific partiesEU: Custom Union. Internal Block. Freedom of goods:one of the cornerstones of the Internal Market (Single Market)To ensure products can move freely across the borders of the Member StatesObjective: elimination of barriers to intra-EU movement of goods. TFEUART. 28: elimination of custom duties and charges (financial) Prohibition between MS of custom duties on imports and exports And prohibition of all charges having equivalent effect…Art. 34&35: quantitative restrictions (non-financial)”Quantitative restrictions on imports/exports…shall be prohibited between MS”Bans/quotasMeasures having an effect equivalent (MHEE)European Court of Justice, “Dassonville formula” (case 8/74):”All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to a quantitative restriction. Measures having equivalent effects: 2 typesDistinctly applicable : measures discriminate between domestic and imported products , thus apply ONLY to IMPORTED products (inspections f.e)Indistinctly applicable: applies to both domestic and imported products in the same way. (Italian law applying to foreign and domestic bread f.e.)Cassis de Dijon: the rule of reason to justify indistinctly applicable MHEEFour conditions:-EC Regulation is not available-measure is indistinctly applicable-national measure is proportionate-national interest protected must be of sufficient weightTFEU: art. 36- to justify distinctly applicable MHEEWhen does a holder IPR – intellectual property