Netherlands V Essent NV
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Netherlands V Essent NV
''Netherlands v Essent NV'' (2013C‑105/12is an EU law case relevant for UK enterprise law on electricity generation governance. Facts Essent NV claimed that Dutch law violated the Gas and Electricity Directives requirement of ‘unbundling of transmission systems owners’, to separate organisation and management of transmission systems (but not ownership of assets). It also claimed a violation of TFEU art 63 on free movement of capital. Under Dutch law there was (1) a prohibition on privatisation of shares in electricity or gas distribution system operators, all of which had to be public, and (2) a group prohibition, so that system operators must not be part of the same group as companies that generate, supply or trade electricity, and (3) a prohibition on members of a group burdening themselves with debts and other things that ‘may adversely affect system operation’. The Dutch government argued all measures fell within the protection of TFEU art 345, that member states ...
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Court Of Justice Of The EU
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 Luxembourg City, Luxembourg, this EU institution consists of two separate courts: the Court of Justice and the General Court. From 2005 to 2016 it also contained the 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 of individuals, companies or organisations whose rights have been infringed. Composition The CJEU consists of two major cour ...
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Essent NV
Essent N.V. is a Dutch energy company based in 's-Hertogenbosch, Netherlands. It is a subsidiary of E.ON. It is a public limited liability corporation. Essent is the largest energy company in the country. Belgium is their second home market. Essent provides customers with gas, electricity, heat and energy services. Essent (including its predecessors) has over 90 years of experience with generating, trading, transmitting and supplying electricity. Essent has 2.3 million customers for electricity and about 2 million for gas. History Essent was formed in 1999 by the merger of PNEM/MEGA Groep and EDON Groep, energy groups based in the south and north of the Netherlands, respectively. PNEM/MEGA was created in 1997 by a merger between PNEM and Mega Limburg. EDON was a result of a merger between NV Energiebedrijf IJsselmij and EGD (Energiebedrijf Groningen Drenthe). In 2005, Nutsbedrijven Maastricht merged with Essent. The name Essent was developed by Globrands Naming & Strategy. ...
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EU Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated disc ...
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UK 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, an ...
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Costa V ENEL
''Flaminio Costa v ENEL'' (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member states.Hilf, Meinhard (2012). Costa v. ENEL case, in Wolfrum, Rudiger (ed.): ''The Max Planck Encyclopedia of Public International Law''. Oxford: Oxford University Press, p. 824. Facts Mr. Costa was an Italian citizen who had owned shares in an electricity company, Edisonvolta, and opposed the nationalisation of the electricity sector in Italy. He asked two lower courts in Milan (two different ''Giudici conciliatori'') to ascertain that the real creditor of his electricity bill (a relatively small amount of money, 1,925 lire) was the nationalised company, Edisonvolta, and not the newly established state company, Enel. He argued that the nationalisation of the electricity industry violated the Treaty of Rome and the Italian Constitution. The first ''Giudice conciliatore'' of ...
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Commission V Greece
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 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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Commission V Poland
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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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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