Extending Ingmar to jurisdiction and arbitration clauses: the end of party autonomy in contracts with commercial agents? (OLG Munchen, 17 May 2006 - 7 U 1781/06)
Article Abstract:
The article examines whether the Ingmar decision of the European Court of Justice with reference to Articles 17 and 18 of the Commercial Agents Directive can be extended to jurisdiction and arbitration clauses. It is concluded that such a protection lays serious restrictions on party autonomy and therefore it is doubtful whether this decision is good for the Internal Market.
Publication Name: European Review of Private Law
Subject: Regional focus/area studies
ISSN: 0928-9801
Year: 2007
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Public service obligations: moral counterbalance of technical liberalization legislation?
Article Abstract:
The notion of public service obligations and services of general interest developed as a consequence of the European Union's technical liberalization legislation. The development is described as a balance between considerations based on market principles and concerns with cohesion and social solidarity.
Publication Name: European Review of Private Law
Subject: Regional focus/area studies
ISSN: 0928-9801
Year: 2008
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