Law Commons^™

Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez

Michigan Technology Law Review

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.

Recent developments in technology have led to the digitization …

Building Integration Through The Bill Of Rights? The European Union At The Mirror, Graziella Romeo

Georgia Journal of International & Comparative Law

No abstract provided.

The Many Formations Of The Court Of Justice: 15 Years After Nice, Sacha Prechal

Fordham International Law Journal

No abstract provided.

State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles

Georgia Journal of International & Comparative Law

No abstract provided.

The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck

Michigan Journal of International Law

This paper will begin by evoking the judicial achievements obtained on the eve of the enactment of the Single European Act. Next, it will explain the innovations introduced by the Single European Act, and emphasize the divergent interpretations that they are likely to receive. Then, the author will modestly strive to express several personal suggestions for a solution, as an external observer.

Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs

Michigan Journal of International Law

The Single European Act, by its amendments to the Treaty establishing the European Economic Community, seeks to achieve by the end of 1992 an internal market comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the treaty. To this end, a very substantial amount of new legislation is being enacted in the form of Council Regulations and Directives, currently estimated at some 279 separate measures, many of which will also need implementing legislation in the Member States.

Special Project, Harold V. Morgan, Jr. Editor In Chief

Vanderbilt Journal of Transnational Law

Of the institutions common to the European Communities, probably none has had greater impact on European integration than the Court of Justice. Throughout its case law, the Court has consistently emphasized the federal character of Community law and the secondary importance of national law of the Member States in areas covered by the establishing treaties. Especially in recent years as economic expansion has slowed and Member States have reverted to national rather than federal solutions to fiscal and political dilemmas, the Court remains the most forceful exponent and practitioner of the Common Market and European policy.

In response to the …

The Community Court And Supremacy Of Community Law: A Progress Report, Peter Hay, Vicki Thompson

Vanderbilt Journal of Transnational Law

The dedication of an annual issue of the Vanderbilt Journal of Transnational Law, to the case law of the Court of Justice of the European Communities is an appropriate tribute to the significant contribution of the Community Court to the integration of the European Communities. The Court of Justice is perhaps the most remarkable and successful of the common institutions (Council, Commission, Parliament, and Court), which the process of European integration has produced thus far. The Communities--Common Market, Coal and Steel Community, and Euratom--have been beset by numerous political and economic problems; integration beyond the original Treaties, and sometimes within …

The Court Of Justice Of The European Communities: An Annotated Bibliography -- 1951-1973, Igor I. Kavass

Vanderbilt Journal of Transnational Law

This bibliography attempts to bring together information about the publications of the Court of Justice and those of other Community institutions pertinent to the work of the Court, as well as relevant juridical writings about the Court and its activities published as books, essays, journal articles, comments, notes, etc. Wherever possible, individual entries are followed by short annotations or explanatory comments. Annotations to the more important treatises or monographs include citations to book reviews.

This bibliography, like all legal bibliographies of its type, is selective in that it lists only those works which the compiler was able to identify and …

Jurisdiction And Procedure Of The Court Of Justice Of The European Communities, Robert A. Buchanan

Vanderbilt Journal of Transnational Law

The Court of Justice of the European Communities is the final adjudicatory body for questions arising under the three Community treaties--the European Economic Community Treaty (EEC), the European Coal and Steel Community Treaty (ECSC), and the European Atomic Energy Community Treaty (EUR-ATOM). Since none of the treaties confers upon the Court the power to adjudicate questions involving the domestic laws of Member States, the Court's jurisdiction extends only to interpretation of Community law. Basically, the jurisdiction of the Court can be divided into the following subject areas: actions against Member States, actions against Community institutions, claims for damages against the …

The Role Of The Court Of Justice In The Development Of Agricultural Policy In The European Communities, Stanley D. Miller

Vanderbilt Journal of Transnational Law

Twenty-five years ago, the center of power for agricultural policy lay firmly in the national capitals. With the signing of the Treaty of Rome, that authority began a gradual flow from the Member States to the institutions of the EEC, particularly the Commission located in Brussels. The transition is not yet complete and has not been without its setbacks, but most Europeans and all the governments of the Member States now accept and support the reality of a Common Agricultural Policy (CAP). The innovative steps taken by the EEC in attempting to weld the agricultural economies of the several states …

Court Of Justice Of The European Communities, Frans Van Heemstra, Guy Suermondt

Cleveland State Law Review

The decisions of the Court under the Rome Treaty cover only a period of two years and any conclusions must therefore be cautious. One can discern, however, a tendency, continuing the trend under the ECCS Treaty, to strengthen the legal structure of the European Community by forcefully sustaining the applicable Treaty provisions and the measures of its Institutions both as to the duties created thereunder and the personal rights that may be derived therefrom. On the other hand, the Court has not hesitated to use its powers for the protection of the subjects of the Community against illegal conduct of …