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Course Introduction to International Business Law

 by Cynthia Vloon-Weultjes LLM
 Autumn 2012

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Lecture 1Topics
•Introduction
–Expectations of the participants
–Objectives of the course + exam
•Short Introduction to International Private Law (IPL)
•Introduction to European Union Law
•The European Court of Justice (ECJ) and Preliminary rulings
•Homework

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International Private Law
•Characteristics:
–solving legal problems arising out of different legal systems that apply to international
relationships
–providing a set of rules to either decide on the matter or refer the litigating parties to a
national legal system
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•Dealing with three main issues
•Which body of law is applicable?
•Which court of law has jurisdiction?
•Can a court decision be executed in another country?
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Introduction to European Union Law
•Legal system of the EU
–Treaty of the Functioning of the European Union = TFEU
–Regulations
–Directives
–Decisions
–Case law of ECJ

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Introduction to European Union Law 2
•Supremacy of EU law (Costa vs. ENEL)
•Distinction between
–Directly applicable EU law-> immediately effects the legal system of the Member States (MS)
–art.288 TFEU
–Directly effective  EU law->individuals of MS

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Introduction to European Union Law 3
•Only ECJ decides on direct effectiveness (Van Gend & Loos case) ->
–Provision is clear + unambiguous
–Provision must be unconditional
–Provision must take effect without further acts of EU or MS
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ECJ & Preliminary rulings
•Art. 267 TFEU
•Requirements:
–Any Court and tribunal is allowed to..
–No juridical remedy under national law
–Necessity of the ruling in order to enable the national court to give judgment (Cilfit case)
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Homework
•Exercise 1 Chapter 1