Sua Sponte

Karar içinde: When deciding a summary judgment motion, the Court is not restricted to either granting or denying the motion with respect to the moving party. Under certain circumstances, the Court is entitled, sua sponte, to grant summary judgment to the non-moving party… The Court may take this course of action when the papers, affidavits and other proofs submitted by the parties illustrate that there … Okumaya devam et Sua Sponte

Moving Party / Movant

Karar içinde: Summary judgment is appropriate only where “there is no genuine issue as to any material fact and … the moving party is entitled to judgment as a matter of law.” Federal Rule of Civil Procedure (“Fed.R.Civ.P.”) 56(c). The moving party bears the initial burden of showing the absence of any genuine issue of material fact, which may be met either by affirmative evidence … Okumaya devam et Moving Party / Movant

Immediate Harm

Metin içinde: Similarly, in Spain, the Madrid Taxi Driver Association pressed charges against the company at the Madrid Trade Court in October 2014. In December, the court ruled that Uber had to cease operating nationally as it was causing ‘immediate harm’ to the taxi sector, and that taxi drivers were suffering from ‘unfair competition’ (in Spanish). The High Court of Justice in Madrid also obliged … Okumaya devam et Immediate Harm

Bonus Paterfamilias

Metin içinde: Fault is traditionally defined as behaviour which does not measure up to the standards that would be adhered to by a bonus paterfamilias in the circumstances: it is therefore a practice from which the honest merchant in the circumstances consider himself bound to abstain. The criterion is obviously very broad, but imprecise. TUNC, Andre; Unfair Competition-French and European Approaches, Monash University Law Review Sayı:1, Ağustos … Okumaya devam et Bonus Paterfamilias

Ex-Post & Ex-Post Control

Metin içinde: This is all the more so as the transition from an ex-ante to an ex-post control, which the more economics based approach requires, if it is not to become a disincentive, must focus on the reality of that potential rather than on the eventual failure to realize it. As the ex-post control of hardcore restrictions will only raise problems of evidence, rather than … Okumaya devam et Ex-Post & Ex-Post Control

Ex-Ante & Ex-Ante Control

Metin içinde: This is all the more so as the transition from an ex-ante to an ex-post control, which the more economics based approach requires, if it is not to become a disincentive, must focus on the reality of that potential rather than on the eventual failure to realize it. Ullrich, Hanns. “Anti-Unfair Competition Law and Anti-Trust Law: A Continental Conundrum?.” (2005).  İngilizce Türkçe Ex-ante … Okumaya devam et Ex-Ante & Ex-Ante Control

De Facto

Metin içinde: First, it is essential that Estonian case law shows a clear trend toward wider disclosure. This means that grounds for denial of a shareholder’s information claim are de facto limited. For example, a shareholder is entitled to receive from a company the basic information about management costs, including costs of transactions between the company and persons related to the management. Such information can’t be … Okumaya devam et De Facto

Obiter Dictum

Metin içinde: Proceeding from the above, the authors of this article take the view that, in addition to statutory rules, Estonian courts have managed to form basic principles of shareholders’ information rights. At the same time, it still seems to be difficult to draw conceptual conclusions about the clear boundaries of those rights on the basis of Estonian case law, as courts have solved separate … Okumaya devam et Obiter Dictum