This research comprehensively analyses how the CJEU and the WTO Tribunals interact with each other. The CJEU has refused to grant direct effect to the WTO's rulings based on unconvincing reasoning, but this has been deemed acceptable because it is necessary to preserve the scope of manoeuvre of the EU's political institutions, and the application of the consistent interpretation principle to the WTO's rulings could balance out the absence of direct effect. So far, the CJEU has cautiously applied the consistent interpretation principle to the WTO's rulings. While the CJEU has construed EU legislation in conformity with the DSB's reports, it did so without referring to such reports. In the future, the CJEU should regularly and explicitly interpret EU law in a manner that is consistent with the WTO's rulings. Moreover, the CJEU's case law reveals that the Nakajima exception's application has been limited, and transformed into a method of the consistent interpretation doctrine. Thus, the CJEU should apply the Nakajima exception in cases where the EU has amended its legislation to implement the WTO's rulings, and interpret the amended legislation consistently with the WTO's rulings. The absence of direct effect for WTO's rulings produces an excessive burden on the EU Member States and their citizens. Therefore, when the reasonable period of time has passed and the EU has not taken any action, or when the compliance panel announces that the amended legislation still infringes on WTO law, the CJEU should grant direct effect to the WTO's rulings. Moreover, WTO tribunals rarely refer to related CJEU judgments to support their decisions. Therefore, when WTO tribunals have to rule on a matter that the CJEU has already decided on and they agree with the decision, they should apply the consistent interpretation principle to the CJEU's decision.

Resumé The thesis named Case Law of the Court of Justice of the European Union in the Area of Environmental Protection deals with three types of action in which the judicial protection of the environmental interests is provided. First the chambers of the Court of Justice of the EU are characterised - the Court of Justice, the General Court and the Civil Service Tribunal. Chapters on particular types of action follow. Each of them is attached with analysed related significant cases that the Court of Justice of the EU adjudicated upon. The first type of action is the action for failure to fulfil obligations where the principal questions are possibilities of imposing fines on member states that infringe the EU law. Sanctions are imposed in two forms - a penalty or a lump sum. The second type of action is the reference for a preliminary ruling in which the Court of Justice of the EU interprets the EU law a helps courts of the member states apply the EU law. The final chapter examines the action for annulment in which the fundamental and very disputable question is the question of right of action in environmental matters. After the comparison with other areas of the EU law, in particular the area of the competition law, it results from the thesis's chapters that the Court of Justice of the EU provides a very...

The Court of justice of the European Union as an Administrative Court The aim of this thesis is to analyse the role of the Court of Justice of the EU as an administrative court with respect to the defined characteristics of administrative justice. The issue of administrative justice at the EU level is defined in relation to individuals (natural or legal persons) as non-privileged applicants. The first introductory chapter defines theoretical concepts and specifications of administrative justice which are necessary for further analysis. After a short introduction, the second chapter is focused on the analysis of the historical development and ongoing reforms of the Court of Justice of the EU in relation to its function as administrative court (institutional aspect), while identifying the French administrative justice model as a key inspiration for the initial model of judicial review. The issues of the ongoing reforms are important not only to describe the development of the Court of Justice as an administrative court, but can also serve as an inspiration for solving current problems of national administrative courts. The third chapter deals with the jurisdiction of the Court of Justice of EU with regard to proceedings initiated by individuals' actions (material aspect). Furthermore, actions for...

The subject of this study is transfer of undertakings and employment protection in cases of outsourcing. The aim of the study is to examine how the Swedish law in the area relates to the EU law. This is done by comparing the Swedish case law of Arbetsdomstolen to the case law of the Court of Justice of the European Union and by critically reviewing the case law of Arbetsdomstolen from a gender perspective. The method used for this study is a doctrinal research method. This is supplemented with a social science perspective. Cases of outsourcing are often complex and have given rise to a lot of case law from both the Court of Justice of the EU and Arbetsdomstolen. Arbetsdomstolen has furthermore been subject to criticism for interpreting the EU directive too independently and for being too employer friendly. The results of the study show that Arbetsdomstolens assessments are different from the Court of Justice of the EU assessments in some aspects. Both courts, but Arbetsdomstolen in particular, distinguishes between undertakings that are based on material assets and undertakings that are based on personnel assets. Case law shows that a transfer of undertaking is more likely to occur when it concerns an undertaking based on material assets. This means that Arbetsdomstolens assessments are unfavorable for employees working in undertakings based on personnel. The conclusion is therefore that, since the Swedish labor market is gender segregated, the employment protection is stronger for men than for women.

Locus standi of non-privileged applicants to bring an action for annulment Abstract Every developed legal system is bound to have a mechanism for checking the procedural and substantive legality of measures adopted by its institutions. In the European Union it was of significant importance to create a system of control over the acts of the EU institutions given the democratic deficit within the Union and the limited supervisory role of the European Parliament. Binding acts of the EU institutions are subject to review through a number of routes provided by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on the European Union (TEU), namely action for annulment (Art. 263 TFEU), the plea of illegality (Art. 277 TFEU), the preliminary reference (Art. 267 TFEU) and the action for damages (Arts. 268 and 340 TFEU). The Court has consistently endeavoured to treat the several strands as a complex and coherent system of judicial review within the Union based on the rule of law. The action for annulment under Art. 263 TFEU plays a crucial role for individuals as it is in practice the only direct way open to individuals to challenge the acts of EU institutions. The main purpose of my thesis is to examine whether the current wording of Art. 263(4) TFEU provides for individuals a sufficiently...

The purpose of this thesis is to provide an overview of the development, concept and rules of the exhaustion doctrine on the international and EU level. The issue of the exhaustion doctrine and its application in a digital age became topical after the unexpected judgement of the CJEU in case UsedSoft v Oracle, in which was for the first time broken the conventional link between the exhaustion doctrine and the distribution of works in a tangible form. Although this decision has been widely criticized by legal experts, some thoughts of CJEU highlight imperfection of current legal regulation in a context of an internet age. The first chapter defines basic terms the intellectual property and the copyright including its historical evolution. The second chapter describes the origins of the exhaustion doctrine in the judicature of the national courts as a clue for balancing ownership and intellectual property rights. The extensive third chapter deals with formation of the exhaustion doctrine in judicature of the CJEU. Concrete cases are used to describe basic elements of the exhaustion doctrine. In the fourth chapter is a brief overview of the legal regulation concerning the exhaustion of copyright on the international, EU and Czech level. The next chapter describes an adaptation of the copyright to...

This thesis analyses the effects of judgements of the Court of Justice of the European Union on a particular company represented by the French transnational corporation L'Oréal Group. In the first chapter I explain the system within which the protection of the intellectual property is realised. Firstly, I define the key concepts of the intellectual property, and then I introduce the means of the legal protection of the intellectual property on both national and international level. The analysis of the trademark law of the European Union follows in the second chapter where I examine its presence in both primary and secondary law, where I describe the roles of the Court of Justice of the European Union and the Office for Harmonisation in the Internal Market and where I introduce the most important judicature of the Court of Justice of the EU related to the trademark law. The third chapter is of the highest practical importance as it contains the discussion on the effects of judgements of the Court of Justice of the European Union on the L'Oréal Group in the form of a case study. Firstly I analyse the economic strategy of the group and I assess the importance of trademarks for L'Oréal, then I introduce the most important cases of the Court of Justice of the EU in which L'Oréal has been a party to the dispute. I conclude this chapter with the analysis of the effects of judgements of the Court of Justice of the EU on L'Oréal.

Environmental impact assessment of projects in the case law of the Court of Justice of the European Union Environmental impact assessment (EIA) is a horizontal tool of protection of the environment, based on principles of precaution and prevention and aimed at assessment of plans and programs, or projects. This thesis deals with assessment of projects only. At EU level, the legal basis for EIA of projects is provided for by the EIA Directive (Directive 2011/92/EU) which is expected to be amended in the near future. The thesis provides for an analysis of the EIA case law of the Court of Justice of the EU (CJEU), identifies the main problems encountered by the Member States when implementing the EIA Directive, identifies the key principles established by the CJEU for interpretation of the EIA directive, and in the light of the above it identifies the main issues in the transposition in the Czech law. 1

Improper transposition of an EU Directive is a phenomenon that occurs in quite an appreciable amount and in the performance of duty of individual Member States this represents a relatively common, although undesirable situation. The submitted diploma thesis deals with this issue within the Czech Republic in the light of individual proceedings for the failure to fulfill an obligation resulting from EU Treaties, which were concucted against the Czech Republic. This thesis is divided into six chapters, based on the theoretical foundations that are subsequently applied in practical examples. The first chapter presents the theoretical center of gravity for embedding the concept of primary and secondary law with emphasis on the EU Directive, while the this EU legislation is analyzed both in general terms and in terms of its structure. The following second chapter then gives an explanation to the issue of proper and improper transposition of an EU Directive and individual consequences that are associated with improper transposition of an EU Directive. The practical part starts from the third chapter, which contains analytical summarization of the all proceedings against the Czech Republic, which were conducted because of improper transposition of an EU Directive and ended with a judgement, while the fourth chapter...

The European Court of Human Rights - Enforcement of Judgement and its Comparison with the Procedure of the European Court of Justice of the European Union Abstract This thesis aims to provide an overview of the enforcement of judgments of the European Court of Human Rights, following the proceedings held before that court, without which enforcement proceedings cannot be opened. The thesis is focused both on the bodies of the Council of Europe, which play a key role in this process, as well as the national bodies and the measures adopted by them in accordance with the judgments of the European Court of Human Rights. The author also focuses on the mechanisms applied both for the implementation of the measures, and during the supervisory activities of the bodies of the Council of Europe. Within a comprehensive perspective, the author focuses on the execution of judgments of the European Court of Human Rights in three Central European countries, in order to compare both the anchoring of international human rights protection in the legal systems of these countries, and the systematics of the bodies involved in the judgment enforcement, demonstrating, on concrete cases, the practical steps during the enforcement of the ECHR judgments in the Czech Republic, Slovak Republic and Austria. Considering the fact that...