European Union Law Vocab Flashcards
Abuse
Abuse (of a dominant position): this term is relevant to EU competition law. It relates to the abuse of a dominant position in the market. The term ‘abuse’ is not defined in the Treaty, but examples of abuse in the shape of exploitative behaviour are given. There is no need to show that the undertaking intended to cause harm.
Advocate General
Advocate General: his task is to review a case and present his opinion to the judges hearing the case. The judges are not bound by his opinion and may accept or reject it.
Agreement
Agreement: as used in EU competition law, it is meant to cover both formal and informal arrangements between undertakings.
Anti-competitive abuses
Anti-competitive abuses: the TFEU does not define abuse as such but lists types of anti-competitive abuse. The following would fall under that heading:
- unfair prices: prices that have no reasonable relation to the value of a product, such as too high prices or predatory pricing, where the price of goods is set too low in order to drive out competitors. Discriminatory prices arise where different customers are charged different prices for the same product;
- exclusive dealing: where it is a condition of the sale that the buyer will deal only with that seller;
- fidelity rebates: a loyalty discount is a reduction in price granted on condition that a specific proportion of the buyer’s requirements are bought from the supplier;
- tying: where a condition of entering into a contract is that supplementary obligations are entered into as well. In order to buy one product (the tying product), the buyer must agree to buy a second product (the tied product) from the seller;
- refusal to supply: where a dominant undertaking refuses to supply another undertaking, intending to drive it out of business.
Antitrust law
Antitrust law: the American term for competition law to encourage competition in the market place.
Associations of undertakings
Associations of undertakings: these are usually trade associations sharing the same interests.
Block exemption
Block exemption: certain categories of agreement will not infringe EU competition law.
Cartel
Cartel: major suppliers of a product or service coordinate their behaviour, for example by agreeing to set prices or allocate geographical markets to each other, thereby influencing competition in the market.
Cassis de Dijon principle
Cassis de Dijon principle: otherwise known as the rule of reason. Even where a measure does not discriminate against imports from other Member States, it may still be prohibited if it restricts trade. An exception is made if the measure was necessary to satisfy the mandatory requirements of that Member State with regard to fiscal supervision, protection of public health, the fairness of commercial transactions and the defence of the consumer.
Charter of Fundamental Rights
Charter of Fundamental Rights: the EU Charter provides a range of civil, political, economic and social rights to EU citizens and residents. These rights are based on the fundamental rights recognised by the European Convention on Human Rights, the constitutional traditions of Member States and other international conventions.
Civil Service Tribunal
Civil Service Tribunal: this is a specialised court. It determines disputes involving the EU civil service: disputes between employees of the EU institutions and the institutions themselves.
Commissioners
Commissioners: those who have been nominated by the governments of the Member States to sit in the Commission.
Common customs tariff
Common customs tariff: a common tariff on goods entering the EU from non-Member States. Once third countries have paid the customs duties, which should be the same in all EU countries, their goods will be in free circulation in the Member States.
Common market
Common market (now referred to as the internal market or the single market): a form of economic integration established by the European Community. The aim was to integrate the national markets of the Member States into a single European market by removing barriers to trade between the Member States.
Competition
Competition: the TFEU does not define competition, but it does prohibit certain practices that would restrain trade and obstruct fair competition.
Concentration
Concentration: here, where a merger would create a large market share.
Concerted practice
Concerted practice: practical co-operation between undertakings instead of the risks of competition. The term covers all forms of collusion that fall short of being classed as actual agreement.
Council of the European Union
Council of the European Union: also known as the EU Council and sometimes still referred to as the Council of Ministers. It carries out policy-making and coordinating functions. It has a legislative function and adopts secondary legislation mainly together with the European Parliament. It also approves the EU’s budget together with the European Parliament.
Court of Auditors
Court of Auditors: the Court is not a judicial court hearing cases, but a financial office which examines the revenue and expenditure of the EU.
Court of Justice
Court of Justice: the European Court of Justice is the senior court of the Court of Justice of the European Union. It ensures that EU law is observed. It hears actions and provides preliminary rulings on preliminary references.
Court of Justice of the European Union
Court of Justice of the European Union: this Court consists of the Court of Justice, the General Court and the Civil Service Tribunal.
Customs duty
Customs duty: a charge levied on goods because they have crossed the frontier
Dassonville formula
Dassonville formula: all trading rules that hinder trade within the EU are considered as measures having an effect equivalent to quantitative restrictions unless they fall within the ‘rule of reason’.
Decisions
Decisions: binding on those to whom they are addressed.
Dependent right
Dependent right: this is granted to the family of a person with an independent right of residence. They may lose a dependent right to reside if the one who has the independent right gives up that right or the relationship ends.
Derogation
Derogation: partial release from a law.
Direct applicability
Direct applicability: a provision becomes operative in a Member State immediately without the need for the national legislature to pass implementing legislation to incorporate it into national law.
Direct effect
Direct effect: the EU legal order differs from international law in that it can create rights for citizens that are enforceable before national courts. Where there is vertical direct effect, there is an obligation on an organ of state, with a corresponding right of individuals. Horizontal direct effect means that an individual may call upon an obligation owed by another individual.
Directives
Directives: binding as to the result to be achieved. National authorities are responsible for transposing them into national law.
Distinctly applicable
Distinctly applicable: measures applicable only to imports.
Dominant position
Dominant position: the power to exclude effective competition. The greater the market share an undertaking has in the relevant market, the greater the likelihood of dominance. A dominant position is not in itself illegal, only the abuse of that position.
Economic and monetary union
Economic and monetary union: the adoption of an economic policy is based on coordination between the economic policies of the Member States, on the internal market and on common objectives. The activities of the economic and monetary union include a single currency (the euro), to ensure the free movement of capital within the union and controls on national deficits.
Enlargement
Enlargement: term used to describe the growth of the EU through the accession of new Member States.
European Central Bank
European Central Bank: is one of the institutions of the economic and monetary union. Together with national central banks, it forms part of the organisation known as the European System of Central Banks. It is responsible for issuing euros and has the power to make certain regulations. It can make the decisions necessary for carrying out the tasks of the European System of Central Banks and it can instruct national central banks.
European Commission
European Commission: the European Commission initiates policy and proposals for legislation to be adopted by the Council of the European Union and the European Parliament. It implements agreed policies and acts as the guardian of the Treaties.
European Community
European Community: in the 1950s, treaties between a number of European states established a community for coal and steel, a community for atomic energy and a European Economic Community. After the Merger Treaty all three communities shared the same institutions and the framework became known as the European Community (EC). The EC remained as one of the three pillars within the European Union after the Treaty of Maastricht. However, with the ratification of the Treaty of Lisbon, which saw the end of the three-pillar structure, the term European Community has disappeared and has been replaced by European Union.
