Съдебна практика, том V, стр. 240
Category archives for Английски език
ДОГОВОР ЗА СТАБИЛНОСТ, КООРДИНАЦИЯ И УПРАВЛЕНИЕ В ИКОНОМИЧЕСКИЯ И ПАРИЧЕН СЪЮЗ МЕЖДУ КРАЛСТВО БЕЛГИЯ, РЕПУБЛИКА БЪЛГАРИЯ, КРАЛСТВО ДАНИЯ, ФЕДЕРАЛНА РЕПУБЛИКА ГЕРМАНИЯ, РЕПУБЛИКА ЕСТОНИЯ, ИРЛАНДИЯ, РЕПУБЛИКА ГЪРЦИЯ, КРАЛСТВО ИСПАНИЯ, ФРЕНСКАТА РЕПУБЛИКА, ИТАЛИАНСКАТА РЕПУБЛИКА, РЕПУБЛИКА КИПЪР, РЕПУБЛИКА ЛАТВИЯ, РЕПУБЛИКА ЛИТВА, ВЕЛИКОТО ХЕРЦОГСТВО ЛЮКСЕМБУРГ, УНГАРИЯ, МАЛТА, КРАЛСТВО НИДЕРЛАНДИЯ, РЕПУБЛИКА АВСТРИЯ, РЕПУБЛИКА ПОЛША, ПОРТУГАЛСКАТА РЕПУБЛИКА, РУМЪНИЯ, РЕПУБЛИКА СЛОВЕНИЯ, СЛОВАШКАТА […]
Lyubimka Dyulgerova[1] A recent judgment of the Court of Justice of the European Union (ECJ) in case C—382/09 Stils Met SIA v Valsts ieņēmumu dienests has started a discussion among Bulgarian lawyers on whether the penalties for infringement of customs law provided for in the Bulgarian Customs Act comply with EU law. However, the...
Interpretation of the notions “communication to the public and “public” Cases C-135/10, SCF and C-162/10, Phonographic Performance Milena Takeva[1] On the 15th March 2012, the Court of justice of the EU (hereinafter “ECJ” or “Court”) delivered two judgments[2] both concerned with the right of equitable remuneration for the use of phonograms. The Court...
Judgment of the Court (Grand Chamber) pronounced on 19 July 2012 in Case C–154/11 Ahmed Mahamdia/People’s Democratic Republic of Algeria Nikolay Bandakov[1] From a systematic point of view this article is structured in six parts, following a brief introduction. The first five parts of the article summarize the facts of the case, the questions...
Aka Fiscal Compact Daniel Gros [1] This Treaty has a long title, but upon closer examination it is long on good intentions and rather short on substance in terms of binding provisions. The only really substantive binding provision is that the Member States oblige themselves to adopt at the national level rules which limit...
Allan Rosas [1] (Обобщение) [2] Въвеждането на основните права в правото на Европейския съюз е дело основно на съдебната практика. През 60-те години на миналия век някои държави членки изразяват своите притеснения относно заплахата, която би могъл да представлява директният ефект на правото на Общността, без последното да предвижда средства за защита на основните...
Nancho Nanchev[1] L’article dédié aux affaires préjudicielles jointes C 621/10 et C 129/11, Balkan and Sea Properties et Provadinvest, a pour but de présenter l’axe principalduraisonnementde la Cour de justice de l’Union européenne (deuxième chambre) dans son arrêt du 26 avril 2012, ainsi que d’attirer l’attention sur l’intérêt que le législateur et les juridictions...
(in the light of several recentjudgments of the Bulgarian Constitutional Court, Supreme Administrative Court and the Court of Justice of the EU) Natalia Angelova[1] The freedom of movement within the European Union of Bulgarian citizens as citizens of the Union and the measures for its restriction provided for under national law have been...
(Judgment of the Court of Justice of the EU CaseC–292/10, G/Cornelius de Visser) Nikolay Bandakov[1] The aim of this article is to summarize the facts and the basic arguments in the reasoning of the Court of Justice of the European Union (ECJ) in case C–292/10 and to analyze them. More specifically the author...
(Cases С-359/09, Ebert;С-118/09, Koller, С-565/08;Commission/ Italy) Miglena Peneva [1] In three consecutive judgments rendered in 2011, the Court of Justice of the European Union (CJEU) addressed a number of important questions concerning the right to practise as a lawyer in another Member State. In Ebertthe CJEU had to interpret both Council Directive 89/48/EEC of...
Peter Petrov[1] The role of the Internet provider is crucial in the online environment and is vital for the internet traffic. The environment it manages is full of different by nature and type copyright and trade mark infringements. The unauthorized access to original works without the permission of their right holder is practically...
Dr. Alexander Kornezov[1] The question of staying the proceedings before the national court on grounds of a preliminary reference to the European Court of Justice made in another case is veiled in deep obscurity both from a national and European law perspective. It is first of all somewhat unclear whether the matter should be...
Allan Rosas* 1. Introduction The introduction of a fundamental rights regime into EU law is essentially a story of judge-made law. In some Member States, notably in Germany, concerns were expressed during the 1960s that Community law, declared in 1963-1964 to have direct effect in the legal orders of the Member States and to...
Alexander Arabadjiev[1] The editorial article is intended to inform the Review’s readers on the draft Treaty on stability, coordination and governance in the Economic and Monetary Union, finalized on 30 January 2012 and to be signed in March. The article refers to the volume 1(2011) of the ETR presentation of the rescue package which...
(Case С-107/10 Enel Maritsa Iztok 3) Veselina Petkova[1] Case C-107/10 was heard by the Court of Justice following a reference for a preliminary ruling by the Bulgarian Sofia Administrative Court made in the course of the proceedings between Enel Maritsa East 3 AD (‘Enel’) and the Bulgarian tax authorities. The reference concerns the...
Rossen Grozev[1] This paper analyses the approach, adopted by the Court of Justice of the European Union in its recent judgment in Case C-138/10 (“DP GROUP”), with respect to the legal significance of the acceptance by the customs authorities of a customs declaration. One of the basic questions, posed by the national jurisdiction, is...
(in the light of several recentjudgments of the Bulgarian Constitutional Court, Supreme Administrative Court and the Court of Justice of the EU) Natalia Angelova[1] The freedom of movement within the European Union of Bulgarian citizens as citizens of the Union and the measures for its restriction provided for under national law have been...
Judgment of the Court in Joined Cases C–509/09, eDate Advertising GmbH, and C–161/10, Olivier Martinez Nikolay Bandakov[1] The aim of this article is to summarize the facts, the Opinion of the Advocate General and the Judgment of the Court in joined cases C–509/09 and C–161/10 and to discuss in brief the reasoning of...
Prof. Koen Lenaerts, An Overview of the Accelerated and Urgency Procedure in the Area of Freedom, Security and Justice, ЕПП, том I, стр. 32, текст: Английски език, резюме: Български език.
Alexander Arabadjiev [1] A review of the Bulgarian cases before the Court of Justice of the EU is an appropriate introduction to the pilot edition of the Bulgarian European Law Review. The article focuses exclusively on the preliminary references brought by Bulgarian courts under article 267 TFEU. This is due to the fact that,...
(Cases С-280/08 Deutsche Telekom and С-52/09 TeliaSonera) Hristo Kirilov [1] Based on the judgments of the Court of Justice of the European Unionfrom 14 October 2010 in case C‑280/08 P Deutsche Telekom AG and from 17 February 2011 in case C‑52/09 TeliaSonera Sverige AB, this paper aims at giving a comprehensive description of the “margin...
Kina Chuturkova[1] A court of law in Amsterdam refused to recognize a judgment issued by a Bulgarian court on grounds of public policy. The Dutch court established that, when ruling on a Bulgarian case concerning unauthorized by the trademark owner import of goods from outside the EU, the Sofia City Court based its decision...
Alexander Kornezov[1] Defining the level of the fine which can be imposed on a Member State for violation of EU law under Article 260 TFEU has turned out to be a tough conundrum for the European Court of Justice. On the one hand, the treaties bestow on the latter full jurisdiction to impose sanctions...
(Impact of the Joint cases C-585/08 and C-144/09, Pammer и Alpenhof) Boriana Musseva[1] This article aims at exploring the concept of activity ”directed” to the Member State of the consumer’s domicile, introduced into the European legislation by the Brussels I Regulation and adopted later in the Rome I Regulation. The traders using online shops...