The Italian Merck Case. Research Papers in Law, 1/2007

From the Introduction. Regulation 1768/921 created supplementary protection certificates (hereinafter, ‘SPCs’) for medicinal products (hereinafter, “pharmaceuticals”) protected by patents. SPCs afford the same exclusive rights as those conferred by patents once these expire and may be granted for a maximum of five years.2 Italy enacted similar legislation in 1991, the most salient difference between both texts being that, pursuant to Law No. 349/91,3 holders of Italian patents for pharmaceuticals could be granted supplementary protection for a maximum period of 18 years after the expiration of the patent. Following the enactment of Regulation 1768/92, SPCs granted by the Italian authorities were brought in line with the period provided for in that text. However, pharmaceuticals for which supplementary protection was sought in the lapse between the adoption of Law No. 349/91 and Regulation 1768/92 (around 400 products) continued to enjoy the protection provided for in the former text.4 Several steps were taken by the Italian authorities to progressively reduce the length of protection granted to these products.

The AstraZeneca Case. Research Papers in Law, 4/2007

Introduction. On June 2005, after a five year investigation, the Commission imposed a 60 millions euros fine on AstraZeneca (hereinafter AZ) for having abused its dominant position in several Member States in the market for proton-pump inhibitors (PPI)2. It was alleged that AZ misused the patent system and procedures for marketing pharmaceuticals to block or delay the entry of generic competitors and parallel traders to its ulcer drug Losec3. This decision is a seminal one. The political and legal importance of the CFI judgment that will review the case (and the ECJ appeal that is likely to follow) cannot be understated. On the one hand the incentive to innovate and to undertake R&D is at stake, on the other, the uncertain boundaries between competition and intellectual property law should once again be explored. In contrast to the US, where many cases concerning the abuse of regulatory and governmental procedures have already been dealt with competition authorities and courts, it is the first time in Europe that such conduct is subject to scrutiny through an anti-trust lens. Moreover, following the appeal brought by AZ against the Commission decision, the CFI will be confronted for the first time with an abuse of a dominant position in the pharmaceutical sector, which explains why this judgment is eagerly anticipated4.

In-house lawyers of NRAs may not represent their clients before the European Court of Justice: A case note on UKE (2011). Research Papers in Law, 3/2011

From the Introduction. It is not frequent for a National Regulation Authority (NRA) to bring an action against the Commission decision and, cynically speaking, case Prezes Urzędu Komunikacji Elektronicznej2 v Commission3 shows that the avoidance of a sweeping retaliation may be one of the reasons for it. The General Court followed the Commission‟s argument that, notwithstanding the peculiarities of the employment conditions of the Polish Regulator‟s legal counsel giving it virtually full independence, as well as the fact that the Polish law itself does not differentiate between in-house counsel and third party attorneys, the claim should be rejected on the grounds of inadmissibility. The GC based its judgment on Art 19 of the Statute of the Court of Justice4, which requires that, with the exception of the Member States' Governments and the EU Institutions, parties to the dispute must be represented by a lawyer. In so doing, the Court explicitly referred to the infamous Akzo Nobel Chemicals and Akcros Chemicals v Commission5 and EREF v Commission6. Most importantly, the Court stated that the lawyers representing Prezes Urzędu Komunikacji Elektronicznej (UKE) are bound to enjoy a degree of independence inferior to that of lawyers who are not linked to their clients by an employment contract7.

The Judicial ‘Bail Out’ of the European Stability Mechanism: Comment on the Pringle Case. Research Paper in Law 09/2013

Since the beginning of the crisis, many responses have been taken to stabilise the European markets. Pringle is the awaited judicial response of the European Court of Justice on the creation of the European Stability Mechanism (ESM), a crisis-related intergovernmental international institution which provides financial assistance to Member States in distress in the Eurozone. The judgment adopts a welcome and satisfactory approach on the establishment of the ESM. This article examines the feasibility of the ESM under the Treaty rules and in light of the Pringle judgment. For the first time, the Court was called to appraise the use of the simplified revision procedure under article 48 TEU with the introduction of a new paragraph to article 136 TFEU as well as to interpret the no bail out clause under article 125 TFEU. The final result is rather positive as the Court endorses the establishment of a stability mechanism of the ESM-kind beyond a strict reading of the Treaty rules. Pringle is the first landmark ECJ decision in which the Court has endorsed the use of new and flexible measures to guarantee financial assistance between Member States. This judgment could act as a springboard for more economic, financial and, possibly, political interconnections between Member States.

The law of charitable uses : argument of Wm. Curtis Noyes, before the Court of Appeals of the State of New York, in the case of Beekman, administrator, &c., against the people, &c., and others, in behalf of Thomas Beekman, one of the respondents, with an appendix containing the will.

W. Barthrop's will and codicils: p. 93-102.

A report to the Congress on the effect of motorcycle helmet use law repeal--a case for helmet use.

Mode of access: Internet.

Modification of the Massachusetts drunk driving laws: a case study of how major traffic safety law revision can be achieved. Analytical study no. 4.

National Highway Traffic Safety Administration, Washington, D.C.

Lex parliamentaria, or, A treatise of the law and custom of parliaments : shewing their antiquity, names, kinds, and qualities. With an appendix of a case in Parliament between Sir Francis Goodwyn and Sir John Fortescue, for the knights place for the county of Bucks, I. Jac. I.

Mode of access: Internet.

Story case-business law ...

Previously pub. under title: Business law--case method.

An enquiry into the power of dispensing with penal statutes : together with some animadversions upon a book writ by Sir Edw. Herbert ... entituled, A short account of the authorities in law, upon which judgment was given in Sir Edward Hales's case /

Includes bibliographical references.

Report of the royal commission on the aged poor : appointed to consider whether any alterations in the system of poor law relief are desirable, in the case of persons whose destitution is occasioned by incapacity for work resulting from old age, or whether assistance could otherwise be afforded in those cases.

Mode of access: Internet.

A report of the case of the King v. Westwood, with a ... digest of the authorities on the points of corporation law ... discussed ...

The claim of Thomas Westwood to be a burgess of the borough of Chepping Wycombe, tried in the court of King's bench.

Poor law reform vita tertia; the case for the guardians,

A reprint with a few alterations of a series of articles contributed to Constitution papers during 1900. cf. Pref.

Factual brief, submitted on behalf of the Industrial Commissioner, in the matter of the petitions of certain affected persons, firms, and corporations, for a review of the validity or reasonableness of Directory order number 7, governing minimum wage standards in the retail trade industry, promulgated under Article 19 of the Labor law. Case no. 2828-45, et al.

Cover title.

The trial of Aaron Burr for high treason, in the Circuit Court of the United States for the district of Virginia, summer term, 1807 : comprising all the evidence and the opinions of the court upon all motions made in the various stages of the case, with abstracts of arguments of counsel : compiled from authentic reports made during the progess of the trial : to which is added an account of the subsequent proceedings against Burr, Blennerhassett, and Smith, in the same court, with notes by the compiler on the law of treason, as applicable to the existing rebellion : prefaced by a brief historical sketch of Burr's western expedition of 1806 /

Mode of access: Internet.