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Commission V Germany (2007)
''Commission v Germany'' (2007C-112/05is an EU law case, relevant for UK enterprise law, concerning European company law. Following a trend in cases such as ''Commission v United Kingdom'', and ''Commission v Netherlands'', it struck down public oversight, through golden shares of Volkswagen by the German state of Lower Saxony. Soon afterwards, the management practices leading to the Volkswagen emissions scandal began. Facts The Commission claimed that the Volkswagen Act 1960 provisions on golden shares violated free movement of capital under the Treaty on the Functioning of the European Union article 63. The VA 1960 §2(1) restricted the number of shareholder voting rights to 20% of the company, and §4(3) allowed a minority of 20% of shareholders to block any decisions. The Lower Saxony government held those shares. Germany argued that the 1960 law was based on a private agreement between workers, trade unions and the state, and so was not within the free movement of capital pr ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) ( or "''CJUE''"; Latin: Curia) is the Judiciary, judicial branch of the European Union (EU). Seated in the Kirchberg, Luxembourg, Kirchberg quarter of Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the European Court of Justice, Court of Justice and the General Court (European Union), General Court. From 2005 to 2016, it also contained the European Union Civil Service Tribunal, Civil Service Tribunal. It has a ''sui generis'' court system, meaning 'of its own kind', and is a supranational institution. The CJEU is the chief judicial authority of the EU and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the EU member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organisations whose rights h ...
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VW Law
The Volkswagen Act is a set of German (originally West German) federal laws enacted in 1960, regulating the privatization of Volkswagenwerk GmbH into the Volkswagen Group. In order to maintain government control in the privately owned company, it stipulated that the votes in major shareholder meeting resolutions require 4/5th (80%) agreement. This part of the law was deemed to violate the " free movement of capital" principle of European Union corporate law. After a series of challenges from 2007 to 2013, the German parliament finally amended the part in 2013 to EU Court of Justice satisfaction. Law The full title of the law is "''Gesetz über die Überführung der Anteilsrechte an der Volkswagenwerk Gesellschaft mit beschränkter Haftung in private Hand''", usually abbreviated to "''VW-Gesetz''". It was enacted on 28 July 1960, when Volkswagenwerk GmbH was privatized. The government of the German state Lower Saxony Lower Saxony is a States of Germany, German state ( ...
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United Kingdom Enterprise Law
British enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, Law of the European Union, European and International law, international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated by United Kingdom company law, company law, European Union competition law, competition law, and United Kingdom insolvency law, insolvency law, while almost one third of the workforce and half of the UK economy is in enterprises subject to special regulation. Enterprise law mediates the rights and duties of investors, workers, consumers and the public to ensure efficient production, and deliver services that UK and international law sees as universal human rights. United Kingdom labour law, Labour, United Kingdom company law, company, competition and United Kingdom insolvency law, insolvency law create general rights for stakeholders, and set a basic framework for enterprise governance, but rules of go ...
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European Environmental Law
European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** European Union citizenship ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (other) * The Eu ...
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Qatar Investment Authority
The Qatar Investment Authority (QIA; ) is Qatar's sovereign wealth fund. The QIA was founded by the State of Qatar in 2005 to strengthen the country's economy by diversifying into new asset classes. In November 2024, the QIA had an estimated $526 billion of assets under management. The QIA's structure and decision-making procedures have been characterized as non-transparent. Spending decisions regarding the fund have been linked to the emir and the prime minister (regardless of whether they sit on the board of the fund). History and profile The QIA was founded in 2005 by the then- emir of Qatar, Hamad bin Khalifa Al Thani, to manage the oil and natural gas surpluses of the government of Qatar. As a result of its stated strategy to minimize risk from Qatar's reliance on energy prices, the fund predominantly invests in international markets (United States, Europe and Asia-Pacific) and within Qatar outside the energy sector. Prior to establishment of the QIA in 2005, Qatar's Min ...
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Porsche
Dr. Ing. h.c. F. Porsche AG, usually shortened to Porsche (; see below), is a German automobile manufacturer specializing in luxury, high-performance sports cars, SUVs and sedans, headquartered in Stuttgart, Baden-Württemberg, Germany. The company is owned by Volkswagen AG, a controlling stake of which is owned by Porsche Automobil Holding SE, usually shortened to Porsche SE. Porsche's current lineup includes the 718, 911, Panamera, Macan, Cayenne and Taycan. The origins of the company date to the 1930s when German Bohemian automotive engineer Ferdinand Porsche founded Porsche with Adolf Rosenberger, a keystone figure in the creation of German automotive manufacturer and Audi precursor Auto Union, and Austrian businessman Anton Piëch, who was, at the time, also Ferdinand Porsche's son in law. In its early days, it was contracted by the German government to create a vehicle for the masses, which later became the Volkswagen Beetle. After World War II, when Ferd ...
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Commission V Italy (2003)
''Commission v Italy'' (2003C-14/00is an EU law case, concerning the free movement of goods in the European Union. Facts An Italian rule limited the name ‘chocolate Chocolate is a food made from roasted and ground cocoa beans that can be a liquid, solid, or paste, either by itself or to flavoring, flavor other foods. Cocoa beans are the processed seeds of the cacao tree (''Theobroma cacao''); unprocesse ...’ to products without vegetable fats. Those with vegetable fats, mainly British, Irish, and Danish chocolate, were made to label themselves ‘chocolate substitutes’. The Commission argued this breached Directive 73/241, passed under what is now article 115 TFEU, where article 1 said cocoa and chocolate products mean those in Annex 1, within minimum cocoa content to be described as chocolate. It also argued it infringed TFEU article 34, as the word ‘substitute’ devalued the good. Italy, under point 7(a) of the Annex said the free movement clause only applied ...
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Commission V Spain
In-Commission or commissioning may refer to: Business and contracting * Commission (remuneration), a form of payment to an agent for services rendered ** Commission (art), the purchase or the creation of a piece of art most often on behalf of another * A contract for performance or creation of a specific work * Commissioning (other), a process or service provided to validate the completeness and accuracy of a project or venture Government Civil * A government agency, regulatory agency or statutory authority which operates under the authority of a board of commissioners, including: ** Independent agencies of the United States government *An executive branch of government, often with characteristics of other branches of government: ** Town commissioners, elected local government bodies established in urban areas in Ireland in the 19th century ** City commission, a form of local government (common in the United States) ** The European Commission, a body incorporating feat ...
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Commission V France (1997)
''Commission v France'' (1997) is an EU law case concerning the free movement of goods in the European Union.Press Release No 76/97
accessed 29 April 2020


Facts

French farmers sabotaged imported agricultural produce, such as Spanish strawberries and Belgian tomatoes, and French authorities turned a blind eye. The Commission brought enforcement proceedings under TFEU article 258 for ‘failing to take all necessary and proportionate measures’ to prevent the obstructions to trade by the farmers. It argued the failure contravened TFEU article 34 in conjunction ...
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Commission V Portugal
''Commission v Portugal'' (2010C-171/08is an EU law case, relevant for UK enterprise law, concerning European company law. Following a trend in cases such as ''Commission v United Kingdom'', and '' Commission v Netherlands'','' Commission v Netherlands'' (2006C‑282/04and seAG Maduro's Opinion/ref> it struck down public oversight, through golden shares of Portuguese telecommunications companies. Facts In January 2008, the European Commission referred Portugal to the European Court of Justice because it considered that the special rights conferred on the State by its golden shares in Portugal Telecom (PT) discouraged investment from other Member States in violation of the EC Treaty. Judgment The Grand Chamber of the Court of Justice of the European Union held that the Portuguese law violated free movement of capital. See also *United Kingdom enterprise law British enterprise law concerns the ownership and regulation of organisations producing goods and services in the ...
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Free Movement Of Capital
The European single market, also known as the European internal market or the European common market, is the single market comprising mainly the Member state of the European Union, member states of the European Union (EU). With certain exceptions, it also comprises Iceland, Liechtenstein, Norway (through the Agreement on the European Economic Area), and Switzerland (through Switzerland–European Union relations, sectoral treaties). The single market seeks to guarantee the free movement of goods, capital (economics), capital, service (economics), services, and Freedom of movement for workers in the European Union, people, known collectively as the "four freedoms". This is achieved through common rules and standards that all participating states are legally committed to follow. Any Enlargement of the European Union, potential EU accession candidates are required to agree to association agreements with the EU during the negotiation, which must be implemented prior to accession. ...
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