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7 Feb 2021, 4:01 am by Administrator
They are also of the view that the expert, Bruno Poulin, strayed beyond the proper scope of his expert evidence and that his testimony was neither relevant nor necessary within the meaning of R. v. [read post]
 The Service Employees International Union (SEIU) leads a group of plaintiffs seeking to overturn Prop.22 in Castellanos v State of California (12 January 2021). [read post]
And yet, the choice for users to communicate in either form on most of these platforms does not necessarily mean that the technologies are nudging users in one direction. [read post]
The rights of third-country nationals migrating to the EU have largely been constructed under the terms of Part Three, Title V, Chapter 3 TFEU, particularly arts 78-79 thereof. [read post]
Does common law contract law provide an effective means of redress? [read post]
  As Ericsson’s CEO noted, the PTS ban of Huawei and ZTE restricts free competition and trade and does not correspond to the EU toolbox guidelines.[18] In any event, even if the justification offered by the PTS is enough to meet the threshold of substantiation of a “genuine and sufficiently serious threat” required by Article 36 of the TFEU, the PTS decision would still not be justified under the public security derogation. [read post]
This reasoning is surprising and arguably incorrect because the «notion of aid» loses its objective nature and becomes entirely dependent on the structure of Member States’ tax systems, in clear contrast with consolidated fiscal State aid case law.9)Court of Justice, 21 December 2016, Commission v World duty free group, Case C-20/15 P, ECLI:EU:C:2016:981, paras. 76 -79 «the selectivity of a tax measure can be established even if that measure does not… [read post]
What is more, the vagueness of the stipulated criteria, as well as the fact that the risk assessment requirement does not apply horizontally – rather it is triggered at the request of a College Member for specific suppliers – highlight the discretionary nature of the process. [read post]
11 Aug 2020, 9:55 pm by Kevin Kaufman
Calling profits normal does not make them normal. [read post]
29 Jun 2020, 2:41 am by Irene Marchioro (University of Bologna)
Ojha, “Does the COVID-19 Outbreak form a Force Majeure Event: An Indian Perspective”. yet hardship clauses could prove to be more fitting, in particular when it comes to long-term contracts. [read post]
India unlike civil law countries like the United States[2], Germany[3] and France[4] does not codify the definition of force majeure into any legislation. [read post]