The relationship between private and public enforcement of cartel law has been heavily discussed in the recent years, both in legal doctrine and political circles. The European Commission has come up with various initiatives in order to promote and support changes in the legal orders of the EU Member States, which would make the private enforcement of cartel law easier and more accessible, especially for consumers, but for other subjects impaired by the violation of competition rules as well. However, this effort needs to be balanced with the existing system of public enforcement, notably with the established and well-funcioning leniency programmes. A strenghtened "private pillar" must not cause any damage to the exisitng "public pillar". Can private enforcement be an efficient complement to the hitherto system (predominantly public), and if so, where are the limits of it? On one hand, the support of private enforcement could discourage cartelists to participate in the leniency programmes, because the possible economic benefits (exemption from fines) might not outweigh the losses (huge amounts paid on damages in connection with follow-on actions). On the other hand, it has been argued that private enforcement is deeply underdeveloped in the European Union and no ideas of the European Commission drawing...

Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...

VIII Abstract The Internet and private international law This master's thesis deals with the current state and future development of the concept of digital content in the law of European union. A brief history concerning the Brussels- and Rome- community conventions and their replacement with the current regulations is presented in the first part of the thesis, along with several interesting cases of the Court of Justice of the European union. A model international consumer contract for supply of digital content concluded over the internet is used in conjunction with the Pammer/Alpenhof case in order to demonstrate the concept of directed activity within the meaning of the Brussels I recast and Rome I regulations. Next, the Falco and Usedsoft decisions are analyzed, along with possible consequences of the asserted exhaustion of intellectual property rights after first transfer of an intangible copy of copyrighted software, and the implications thereof. Subsequently a short theoretical digression is made to dissect the notion of goods as used by the UN convention on contracts for international sales of goods, in order to determine the limits of the convention vis-à-vis intangibles. The Vienna convention also presents a useful mirror to the (now dead) proposal for Common European sales law (CESL), as the...

After the Velvet Revolution in 1989, the Czech media landscape was getting its second wind. The boom in the private sector of the broadcasting landscape of Czechoslovakia, and later the Czech Republic, was unprecedented. However, it often preceded the legislative changes of the reborn state. Society-wide changes were followed by granting of first experimental licenses to local radio broadcasters, but in 1993 the Broadcasting Council decided to provide the transmitters to two nationwide stations - Frekvence 1 and Radio Alfa. Alfa was, in fact, the first nationwide private radio in the Czech Republic which started broadcasting on September 13, 1993. During six years of existence, it has earned its place on the private radio market in the Czech Republic. Until today, a little legacy of this frantic time has been retained, therefore it is even more important to remember the existence of Radio Alfa through memories of radio journalists who formed the radio during that time and experienced this key stage of the Czech media market in the 1990's. This is also the aim of the thesis, which offers a comprehensive picture of the origins of commercial radio broadcasting in the Czech Republic (with emphasis on so-called dual broadcasting system) through a case study of Radio Alfa, including research...

Methods of Investment in International Private Law Dissertation thesis is structured into 9 Sections. First section deals with reasons why entrepreneurs use international holdings: regulative, questions of taxation and legal system reasons. Second section describes legal sources applicable for the analyzed issues. Third section summarizes some of the risks relating to use of international holding companies, namely risk of breaching the criminal law or circumventing other legal rules. Apart from legal risks, there are economic risks to be mitigated. The risks mentioned are systematic risk (e.g., bankruptcy of the state) and personal risk relating to the foreign managers (incompetency, fraud). Fifth section deals with typical transactions in the group of companies relating to financing by banks and bods issuance. Briefly analyzed are also acquisition structures and whitewash procedure. Sixth and seventh section describe tax burdens in the Czech republic, Cyprus, Seychelles, Mauritius and number of other countries. Analysis of the jurisdictions in nine countries as to the recognition and enforcement of foreign judicial decisions is provided in the section eight. The dissertation thesis is concluded with description of the civil law applicable after the so called recodification planned in the Czech...

The dissertation, while incorporating and building upon previous work of the author, aims to analyze in greater detail (both from an historic perspective and from a viewpoint of current trends and associated theories) the ever-repeating discrepancy between choice- of-law regulation of contractual relationships in the Czech Republic (or the European Union) on the one hand and the Common Law legal culture (especially the United States) on the other. Recent scholarly articles are also critiqued. The following major Common Law related tenants are extrapolated from a relatively extensive background of materials: (i) Conflict of Laws in the United States constitutes an interstate system as opposed to an international system utilized by European law. Duet he federal structure of the United States and the volume of interstate trade (trade between the various states of the United States) American Conflict of Laws retains a domestic character, (ii) Conflict of Laws is not governed on a federal level and the Supreme Court of the United States has repeatedly ruled that when a federal Choice of Law clause is warranted the state-level counterpart shall be used instead analogously, (iii) due to the aforementioned domestic characteristics and case law of the Supreme Court of the United States American Conflict of...

The technological development of recent years has brought not only new forms of electronic communication and social phenomena, but also a number of legal questions. As the internet creates a parallel cyberspace, a number of traditional legal rules have been called into question, including the rules for determination of court jurisdiction and governing law. This area is discussed in this dissertation thesis. The goal of this thesis is to identify problematic moments of interpretation and application of existing rules of private international law in the context of cross- border delicts on the internet and to find suitable solutions if they exist. Regarding methodology, this thesis uses the analytical approach, in particular in relation to case law and legal regulations. It is complemented by the comparative method, regarding evolution in time and regarding various legal cultures. The first chapter deals with the phenomena of digital information, the internet and the related philosophical or social areas, such as virtuality or cyberspace. The second chapter deals with legal regulation of the internet, censorship and the special position of certain providers of information services. In the third chapter there are defined the concepts of delict and delictual liability, with emphasis of this institute in...

1 Abstract The thesis deals with the topic of damages claims arising from breach of competition law. In particular, it focuses on the cases in which is involved a relevant international element. The thesis reflect the thought that even after adoption of Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, there are still significant differences between the legal systems of the Member States, which to a large extent affect the compensation for damages. The thesis is divided into six chapters, the first and last of which are general introduction and conclusion. The second chapter deals with the definition of private enforcement of competition law and its relation to private international law. The third chapter can be divided into two relatively separate parts. The first one deals with the general construction of damages in the Czech Civil Code and performs a basic comparison with the Germany and England. The second part deals with selected specific areas of competition law. In particular, with the topics such as: who is eligible to bring an action; who can be considered as liable; or the basic procedural specificities (the distinction between stand alone and follow-on actions, the...

Diplomová práce z oboru mezinárodního práva soukromého pojednává o současné kolizněprávní úpravě smluvních a mimosmluvních závazkových právních vztahů v právu Evropských společenství, a konkrétně o Římské úmluvě o právu rozhodném pro smluvní závazkové vztahy, o návrhu na její modernizaci a transformaci na komunitární nařízení (?Řím I?) a o návrhu nařízení o právu použitelném na mimosmluvní závazky (?Řím II?). Práce je rozdělena do tří kapitol. První kapitola se věnuje obecným otázkám mezinárodního práva soukromého a jeho postavení v právu ES a v právu ČR a jejich vzájemnému poměru. Druhá kapitola rozebírá jednotlivé instituty v Římské úmluvě a porovnává je s připravovanými změnami a s tuzemskou úpravou. Třetí kapitola se zabývá připravovanou úpravou mimosmluvních závazkových vztahů v právu ES. Celá práce dochází k závěrům o dopadu jednotlivých ustanovení na českou právní úpravu.

Práce je zaměřena na vypracování podnikatelského plánu konkrétní soukromé školy. Práce popisuje a srovnává soukromé školy se státními, hledá konkurenční výhody pro oblast v tomto podnikání.Práce hodnotí management a organizaci školy,popisuje její okolí,zabývá se obory studia a formami,vzdělávacím procesem, ale i finančním plánem a hospodařením školy.