Daily Archives: May 1, 1997

Case Law: Case C-299/95. Friedrich Kremzow v. Republik Österreich, (Eur. Ct. J. May 29, 1997) (Not yet Reported)

3 Colum. J. Eur. L. 474 (1997) Eva Brems. Fellow of the Foundation for Scientific Research-Flanders, Institute for Human Rights, Katholieke Universiteit Leuven, Belgium. European Convention on Human Rights; Jurisdiction of the European Court of Justice 1. Facts After his retirement as a judge in the Austrian courts, Friedrich Kremzow worked as a consultant for various practicing lawyers in the Vienna area, including a Mr. “P.” On a December day in 1982, Kremzow presented himself before a court to confess to having killed Mr. P. Two years later, the Court of Assizes found him guilty of murder and unlawful possession […]

Leg. Dev.: Telecommunications Licensing

3 Colum. J. Eur. L. 493 (1997) Geneviève A. Helleringer. On March 6, 1997, the telecommunications ministers of the 15 Member States agreed on an updated framework setting out the rule for granting licenses to international and EU-based telecommunications operators. On April 10, 1997, the European Parliament and the Council adopted Directive 97/13/EC on a common framework for general authorizations and individual licenses in the field of telecommunications services. The Directive lays down common rules to be applied by Member States regarding the procedures and conditions for providing telecommunications services. A number of preliminary measures led up to the Directive. […]

Case Law: Joined Cases C-34/95, C-35/95 and C-36/95. Konsumentenombudsmannen (KO) v. De Agostini (Svenska) Förlag AB and Konsumentenombudsmannen (KO) v. TV-Shop i Sverige AB, (Eur. Ct. J. July 9, 1997) (Not yet Reported)

3 Colum. J. Eur. L. 479 (1997) Amaryllis Verhoeven. Fellow, Fund for the Scientific Research-Flanders, Institute for European Law, Catholic University of Leuven, Belgium. These cases, which came by way of a preliminary reference, concern the compatibility with Community law of Swedish rules on misleading advertising and advertising aimed at children, insofar as the national rules are applied to broadcasts transmitted from another Member State. In these cases, the Court of Justice clarifies the application of Council Directive 89/552/EEC of October 3, 1989, which coordinates certain national provisions concerning television broadcasting and is commonly called the “Television without Frontiers” Directive […]

The Common Core Approach to European Private Law

3 Colum. J. Eur. L. 339 (1997) Mauro Bussani. Mauro Bussani, J.D. 1983 University of Trieste, is Acting Professor of Private Law, University of Trento, Italy, and Visiting Professor of Comparative Law, Universitd de Montpellier I, France (1997) and Universit6 de Paris-II, Panthdon Assas, France (1998). Ugo Mattei. J.D. 1983 University of Turin, LL.M. 1989 U.C. Berkeley, is Alfred and Hanna Fromm Professor of International and Comparative Law, Hastings College of the Law, University of California, and Professor of Civil Law, University of Turin, Italy. This paper discusses the aim, method, and organization of the Common Core Project, a scholarly […]

Fixed Book Prices in the Netherlands and the European Union: A Challenge for Community Competition Law

3 Colum. J. Eur. L. 413 (1997) Christine E. Zandvliet. J.D., Columbia Law School, 1997. The purpose of this article is to illustrate certain problems generated by the greater involvement of national courts in the development and enforcement of Community competition law. In particular, this article will examine the procedural implications of national courts increased involvement in the context of retail book price-fixing. The April 1997 judgment of the European Court of Justice (the “Court”) in Koninklijke Vereeniging ter bevordering van de belangen des Boekhandels v. Free Record Shop BV demonstrates the problem of retail price-fixing and its incompatibility with Community […]

Book Review: Jean Carbonnier, the French (R)evolution of 1958-1998

3 Colum. J. Eur. L. 453 (1997) reviewed by Martin A. Rogoff. Professor of Law, University of Maine School of Law. A remarkable experiment in constitutional government is underway in France and has been for some time. Americans should take notice, give credit, and perhaps learn a thing or two from it. The French experience since 1958 is a heartening reminder that fundamental political and legal change can occur in an orderly and peaceful way, even in a large, complex society with hoary and ingrained political and ideological traditions. Dean Carbonnier’s book, Droit et passion du droit sous la Ve […]

Case Law: Case C-106/95. Mainschiffahrts-Genossenschaft eG (MSG) v. Les GravièRes RhèNanes SARL, (Eur. Ct. J. February 20, 1997) (Not yet Reported)

3 Colum. J. Eur. L. 465 (1997) Patrick Wautelet. Assistant, Center for International and Foreign Law, Katholieke Universiteit Leuven. Article 17 of the Brussels Convention’ gives parties the ability to agree on the court that will have jurisdiction to settle any disputes that may arise out of their contractual relationship. Such agreements can be dangerous because prorogation of jurisdiction may be achieved by surprise, where a jurisdiction clause is not noticed by one of the parties. In the present case, the European Court of Justice had to decide under what conditions a jurisdiction clause appearing in a letter of confirmation […]

Book Review: Mark Clough, EC Merger Regulation: A Practical Guide to the EC Merger and Acquisition Rules

3 Colum. J. Eur. L. 515 (1997) reviewed by Morten P. Broberg. University of Copenhagen, Faculty of Law.  On September 21, 1990, the EC Merger Regulation entered into force. In 1994 Mark Clough published his book EC Merger Regulation: A Practical Guide to the EC Merger and Acquisition Rules. Excluding annexes, the work comprises 259 pages containing eleven well-structured chapters. It is clear to the reader that the book is not intended to be an academic one but instead, as indicated in the title, a practical guide to legal practitioners. Hence, the author begins with an executive summary in which […]