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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 ...
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Court Of Justice Of The European Union
The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne 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 European Union and oversees the uniform application and interpretation of European Union law, in co-operation with the national judiciary of the member states. The CJEU also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf ...
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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 held a voting share of 20.2 percent, which gave it the ability to ...
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United Kingdom Enterprise Law
United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated by company law, competition law, and 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. Labour, company, competition and insolvency law create general rights for stakeholders, and set a basic framework for enterprise governance, but rules of governance, competition and insolvency are altered in specific enterprises to uphold the public interest, as well as civil and social rights. Universities and schools have traditionally been publicly established, and ...
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European Environmental Law
European, or Europeans, or Europeneans, 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 ** Citizenship of the European Union ** 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 (disam ...
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Qatar Investment Authority
The Qatar Investment Authority (QIA; ar, جهاز قطر للإستثمار) 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 2021, the QIA had an estimated $450 billion of assets. 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). On September 2017, the Research gate (blog post of Berlin) provided data about the functioning behind the Qatar Investment Authority’s investments and it was found out that QIA's participation in global capitalism as a fully state-owned business is a compelling and little-examined facet of the organization. By examining fine-grained ownership data, CORPNET can monitor these activities on a worldwide scale. Beyond Sovereign Wealth Funds, any stat ...
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Porsche
Dr. Ing. h.c. F. Porsche AG, usually shortened to Porsche (; see #Pronunciation, below), is a German automobile manufacturer specializing in high-performance sports cars, SUVs and sedans, headquartered in Stuttgart, Baden-Württemberg, Germany. The company is owned by Volkswagen Group, Volkswagen AG, a controlling stake of which is owned by Porsche Automobil Holding SE. Porsche's current lineup includes the Porsche Boxster/Cayman, 718 Boxster/Cayman, Porsche 992, 911 (992), Porsche Panamera, Panamera, Porsche Macan, Macan, Porsche Cayenne, Cayenne and Porsche Taycan, Taycan. History Origin Ferdinand Porsche (1875–1951) founded the company called "Dr. Ing. h. c. F. Porsche Gesellschaft mit beschränkter Haftung, GmbH" with Adolf Rosenberger and Anton Piëch in 1931. The main offices was at Kronenstraße 24 in the centre of Stuttgart. Initially, the company offered motor vehicle development work and consulting, but did not build any cars under its own name. One of the first as ...
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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’ 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 to products without vegetable fats. Judgment The Court of Justice held that the requirement was contrary to article 34. Under the Directive, the UK, Ireland, Denmark could authorise manufacturers to add vegetable fats to chocolate made there, but it coul ...
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Commission V Spain
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, a process or service provided to validate the completeness and accuracy of a project or venture: ** Building commissioning, a quality assurance process during and following building construction ** Project commissioning, a process of assuring that all components of a facility are designed, installed, tested, operated, and maintained according to the requirements of the owner or client 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 oth ...
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Commission V Belgium
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, a process or service provided to validate the completeness and accuracy of a project or venture: ** Building commissioning, a quality assurance process during and following building construction ** Project commissioning, a process of assuring that all components of a facility are designed, installed, tested, operated, and maintained according to the requirements of the owner or client 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 ...
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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 and Belgian , 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

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 The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembo ...
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