EU Law & Regulatory Governance
The Definition of Working Time in Certain EU Member States' Labour Law with Special Regards to...
Directive, EU law, stand-by, travelling time, working time
The article compares the legal definition of working time in Hungary, Slovenia, Estonia, Slovakia, Czechia, and Poland with Directive 2003/88/EC. It identifies compliance problems concerning standby duty, travelling time, workplace availability, and the calculation of maximum weekly working time.
FODOR, T. GÁBOR
Binding Effect of CJEU Judgments
Binding effect, Court of Justice of the European Union, judgment, preliminary ruling
The fundamental mission of the Court of Justice of the European Union is to ensure that ‘in the interpretation and application of the Treaties the law is observed’. As such the Court decides in various types of proceedings – mainly in preliminary reference procedure, infringement procedure and review of legality of legislative measures. These proceedings pursue different aims and as a result of that, the binding effect of judgments given in these proceedings is different. The aim of the presentation would be to analyse the binding effect that these judgments have on member states’ courts. The focus will predominantly be made on the preliminary rulings concerning interpretation of European Union law.
PALKOVSKÁ, IVA
Criteria for Determining Whether a Trademark Is Well-Known
Criteria, famous trademark, trademarks with a reputation, well-known trademark
Nowadays, a trademark gives an incentive for commercial establishments to maintain the quality of their products or services such as COCA-COLA and Google. The customer will observe the trademark, indicating that certain products or services as a guarantee of quality. However, increasing figures of products appear on the market, which are similar to those marked with well-known trademarks. All these issues lead to the fact of how important is to protect well-known trademarks, which emerged strongly on the national and international forum. Recently, several trademark has international or worldwide renown and its reputation surpasses the country of origin where it has been registered and acquired fame in a relevant sector among the consumers’ public, then that trademark called “well-known” trademark. The criteria for determining whether a mark is well-known have two folds: First, they are decisive factors to distinguish theoretically between ordinary trademarks and the well-known trademarks; second, they are important to confer protection in case of infringement. This paper highlights the definition of trademark and famous trademark under EU, USA, and international approaches. In addition, this paper examines the criteria-if available- provided under the WIPO Joint Resolution Concerning provisions on the Protection of Well-known mark.
AL RAWASHDEH, WADDAH
Barriers to the Provision of Services and Justification
Freedom to provide services; freedom of establishment; Services Directive; internal market; proportionality; public interest
The article examines restrictions on the freedom of establishment and the cross-border provision of services under EU law. It analyses prohibited and reviewable requirements under the Services Directive, together with the public-interest and proportionality standards governing their justification.
KOVÁCS, ILDIKÓ
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