Directory Of Eu Case Law On The Preliminary Ruling Procedure

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Directory of EU Case Law on the Preliminary Ruling Procedure

René Barents
Directory of EU Case Law on the Preliminary Ruling Procedure Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 43,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131508

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Directory of EU Case Law on the Preliminary Ruling Procedure by René Barents Pdf

Article 234 EC ensures that a divergent application of the EC Treaty or of the statutes and acts of its institutions is not allowed in any Member State. Unsurprisingly, its pivotal importance has given rise to a huge number of ECJ judgments and orders - about 700 by the beginning of 2009. Very often, a practitioner needs to establish whether the preliminary ruling procedure called for by Article 234 EC is required in a particular case being pursued in a national court, and any relevant ECJ ruling or order must be located. Herein lies the great value of this book. Dr Barents' very useful volume sorts paragraphs of the 700 judgments and orders by subject, making it easy to establish the relevance of a particular Community court ruling to a particular national court proceeding. In this book paragraphs of the judgments and orders are presented in the form of extracts sorted by subject. The subject headings are arranged according to a hierarchical system, descending from such overarching concepts as scope and participation to such precise categories as the following: situations outside the scope of community law; bodies not considered to be courts or tribunals; arbitration; third persons; rights of participants; formulation of preliminary questions; presumption of relevance of a preliminary reference; violation of the obligation to refer; requirement of a pending dispute; interim measures; modification of preliminary questions; questions rejected by the submitting court; new elements presented during the preliminary procedure; questions lacking precision; retroactive effects of judgments. Paragraphs of judgments relating to more than one subject are included under each relevant heading, where necessary accompanied by cross references to other headings. Under each extract or summary, the judgments and orders are referred to by case number in ascending order. The articles of the EC Treaty are cited according to the new method of citation pursuant to the renumbering of the articles of that treaty brought about by the Treaty of Amsterdam. There is no doubt that the book's technique of presenting case law in the form of separate extracts and summaries arranged by topic and sub-topic improves the accessibility of the material. This very practical, time-saving feature will be greatly appreciated by practitioners throughout Europe. This is a reference every European lawyer will want to have on hand.

Remedies and Procedures Before the EU Courts

René Barents
Remedies and Procedures Before the EU Courts Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 1050 pages
File Size : 52,8 Mb
Release : 2020-01-09
Category : Law
ISBN : 9789403511146

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Remedies and Procedures Before the EU Courts by René Barents Pdf

The ongoing reform in the organisation of the European Union courts makes an updated edition of this indispensable resource essential. Following the book established easy-to-use structure, the second edition offers a reliable, thorough guide to the renewed rules of procedure of the Court of Justice and the General Court as well as updated provisions and practice directions, including the relevant case law, together with a focus on the extensive treatment of remedies available in these courts and how to secure them. With the expert guidance of one of Europe foremost jurists, the book clearly explains which rules apply and how to proceed in the course of any kind of case and any situation likely to arise. From foundations and principles to specific issues regarding the assignment of cases, preliminary rulings, rules on evidence, annulment, illegality, failure to act, pleas, judgments and orders, appeal and much more, the book covers all essential elements of Court of Justice of the European Union procedure, including the following: division of competences between the Union courts; admissibility; rules regarding anonymity; service of documents; setting and extension of time limits, hearings, witnesses and experts; deposit and recovery of sums; application of competition rules, rules on state aid and rules on trade protection; rules in cases concerning intellectual property rights; rules in actions brought on the basis of an arbitration agreement; rules governing access to documents; languages; legal aid; interim measures; damages; expedited procedures; and scope of the rules on costs. Any lawyer seeking appropriate remedies in any case before the European Union courts will benefit enormously from this book, whether used as a hands-on manual in particular cases or absorbed over time. It is sure to serve as an essential resource for many years to come.

Preliminary References to the European Court of Justice

Morten Broberg,Niels Fenger
Preliminary References to the European Court of Justice Book PDF

Author : Morten Broberg,Niels Fenger
Publisher : Oxford University Press
Page : 578 pages
File Size : 40,9 Mb
Release : 2014-03
Category : Law
ISBN : 9780198704027

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Preliminary References to the European Court of Justice by Morten Broberg,Niels Fenger Pdf

This book provides a detailed examination of the law and practice of the preliminary reference procedure in EU law. It is designed to be of practical use in litigation and case preparation.

Preliminary References to the European Court of Justice

Morten P. Broberg,Niels Fenger
Preliminary References to the European Court of Justice Book PDF

Author : Morten P. Broberg,Niels Fenger
Publisher : Oxford University Press, USA
Page : 550 pages
File Size : 51,8 Mb
Release : 2010
Category : Law
ISBN : 9780199565078

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Preliminary References to the European Court of Justice by Morten P. Broberg,Niels Fenger Pdf

Analysis of the Court of Justice's practice, and the book is extensively referenced throughout with all the most relevant sources reproduced in the annexes. Readership: Advocates, Judges, and legal academics with an interest in EU law.

Research Handbook on International Energy Law

Kim Talus
Research Handbook on International Energy Law Book PDF

Author : Kim Talus
Publisher : Edward Elgar Publishing
Page : 698 pages
File Size : 48,5 Mb
Release : 2014-04-25
Category : Law
ISBN : 9781781002209

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Research Handbook on International Energy Law by Kim Talus Pdf

International energy law is an elusive but important concept. There is no body of law called Šinternational energy law�, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship

Trade Mark Law in Europe

Ulrich Hildebrandt
Trade Mark Law in Europe Book PDF

Author : Ulrich Hildebrandt
Publisher : Kluwer Law International B.V.
Page : 474 pages
File Size : 40,7 Mb
Release : 2016-04-26
Category : Law
ISBN : 9789041162250

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Trade Mark Law in Europe by Ulrich Hildebrandt Pdf

Trade mark law practitioners agree that Ulrich Hildebrandt's Harmonized Trade Mark Law in Europe hugely enhances their work. This third edition, retitled Trade Mark Law in Europe, follows the same well known intensely practical, time-saving format, with each provision of current law (Directive 2015/2436) reproduced in its original English wording and annotated with relevant passages from all relevant decisions of the European Court of Justice, as well as relevant provisions of the Community Trade Mark Regulation and the national trade mark acts of all Member States implementing the Directive. The author's expert commentary on each provision expressly marks major changes to previous versions of the Directive, highlights when case law concerning a previous version remains relevant, and translates passages that lack an official English text. Among the fundamental questions addressed are the following: • When is it possible to register a geographical indication as a trademark? • Are colours and sounds capable of registration? • When may the reputation of a mark be invoked to protect it? • How mundane could a sign be and still claim to be distinctive? • When can it be said that there has been no genuine use of a trade mark? • Where does the Court's function theory influence the trademark law? Given a topic or keyword, appendices assist in the quick finding of any provision of the Directive and relevant case law. There is no other resource presenting the original wording of ECJ case law, broken down by specific point of law and directly related on an article-by-article basis to EU and Member State trade mark legislation. As a highly organized presentation of key information, this is an ideal initial tool that makes any research into European trade mark law fast and easy, whether for academic purposes or actual legal practice. Lawyers, in-house counsel, judges, and academics will all welcome this new edition.

Dimensions of Evidence in European Civil Procedure

Vesna Rijavec,Tomaž Keresteš
Dimensions of Evidence in European Civil Procedure Book PDF

Author : Vesna Rijavec,Tomaž Keresteš
Publisher : Kluwer Law International B.V.
Page : 450 pages
File Size : 45,5 Mb
Release : 2015-12-29
Category : Law
ISBN : 9789041166654

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Dimensions of Evidence in European Civil Procedure by Vesna Rijavec,Tomaž Keresteš Pdf

Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

European Union Encyclopedia and Directory 2022

Europa Publications
European Union Encyclopedia and Directory 2022 Book PDF

Author : Europa Publications
Publisher : Routledge
Page : 1778 pages
File Size : 43,6 Mb
Release : 2021-12-24
Category : Reference
ISBN : 9781000538120

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European Union Encyclopedia and Directory 2022 by Europa Publications Pdf

Thoroughly updated, this extensive reference source provides in-depth information on all matters relating to the European Union (EU): the events surrounding the United Kingdom’s departure from the EU are covered in depth, as is the EU’s response to the coronavirus COVID-19 crisis; the EU’s migration policy is discussed, together with the EU’s social framework and enlargement policy; EU-Africa relations are reviewed, and current issues in overall foreign policy and security are addressed. Key Features: an up-to date chronology of the EU from 1947 to present an A-Z section contains definitions and explanations of organizations, acronyms and terms, and articles on each member state. Comprising over 1,000 entries, terms listed include: Brexit; the European Institute for Gender Equality; Erasmus+; the European Maritime and Fisheries Fund; and the European System of Financial Supervision articles written by experts on the EU provide an overview of its policies and activities. a directory of principal names, addresses, telephone numbers, and e-mail and internet addresses of all major European Union institutions and their official bodies. This information is supplemented by summaries of important treaties, and details of EU-level trade and professional associations. Users will also find details of MEPs and the political groups and national parties contributing to the European Parliament a statistical survey gives tables covering: population, employment, agriculture, energy and mining, industry, the environment, finance, trade, transport and communications, tourism, health and welfare, and education across the EU This title will prove valuable to academic and public libraries, politicians and government agencies and the media, as well as to all those in need of accurate and reliable information on the European Union.

European Union Encyclopedia and Directory 2023

Europa Publications
European Union Encyclopedia and Directory 2023 Book PDF

Author : Europa Publications
Publisher : Taylor & Francis
Page : 1659 pages
File Size : 53,8 Mb
Release : 2022-11-30
Category : Reference
ISBN : 9781000837391

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European Union Encyclopedia and Directory 2023 by Europa Publications Pdf

Thoroughly updated, this extensive reference source provides in-depth information on all matters relating to the European Union (EU): EU energy policy in the context of the Russian Federation’s invasion of Ukraine is covered in depth, as is the impact of the COVID-19 crisis on EU policy; EU citizenship after Brexit is discussed, together with EU migration policy and the EU’s social framework; EU-Africa relations are reviewed, and current issues in overall foreign policy and security are addressed. Key Features: an up-to date chronology of the EU from 1947 to present an A-Z section contains definitions and explanations of organizations, acronyms and terms, and articles on each member state. Comprising some 1,000 entries, terms listed include: Brexit; the European Institute for Gender Equality; Next Generation EU; REPowerEU; and Team Europe articles written by experts on the EU provide an overview of its policies and activities. a directory of principal names, addresses, telephone numbers, and e-mail and internet addresses of all major European Union institutions and their official bodies. This information is supplemented by summaries of important treaties, and details of EU-level trade and professional associations. Users will also find details of MEPs and the political groups and national parties contributing to the European Parliament a statistical survey gives tables covering: population, employment, agriculture, energy and mining, industry, the environment, finance, trade, transport and communications, tourism, health and welfare, and education across the EU This title will prove valuable to academic and public libraries, politicians and government agencies and the media, as well as to all those in need of accurate and reliable information on the European Union.

The Role of Financial Stability in EU Law and Policy

Gianni Lo Schiavo
The Role of Financial Stability in EU Law and Policy Book PDF

Author : Gianni Lo Schiavo
Publisher : Kluwer Law International B.V.
Page : 328 pages
File Size : 42,6 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186126

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The Role of Financial Stability in EU Law and Policy by Gianni Lo Schiavo Pdf

Since the outbreak of the 2008 financial crisis, European Union (EU) institutions and Member States have engaged in a major effort to repair the architecture of economic governance of the European Economic and Monetary Union (EMU). This book takes as its starting point the unclear notion of financial stability, which only recently has received a more detailed legal analysis. It examines the evolution of the concept of financial stability during the financial crisis and provides a conceptual framework in order to demonstrate that financial stability has become a foundational objective in Europe and has set a new normative framework in EU law and policy. Arguing that financial stability is a foundational objective in EU law and policy based on certain normative instruments, this ground-breaking book provides an in-depth and original understanding of the newly developed framework to attain supranational financial stability. In its analysis of the legal implications of these new instruments, the study examines topics and issues such as the following: - the concept and normative instruments of financial stability at European level; - the renewed economic governance in Europe; - the financial assistance mechanisms developed in Europe; - the new regulatory environment for banks at European level; - the Single Supervisory Mechanism and the role of the European Central Bank (ECB) therein; and - the new framework for banking resolution, with specific focus on the Single Resolution Mechanism. The author shows in detail how an appropriate level of supranational regulation, supervision, burden-sharing and rescue measures strengthen financial stability. Thereby, the book will appeal to officials in EU institutions and agencies as well as lawyers and academics in EU law and in banking/financial law to gain a clear understanding of role of financial stability and its normative instruments in EU law and policy. Gianni Lo Schiavo is currently working as a lawyer at the ECB. He obtained a PhD in EU Law at King's College, London, and has written numerous articles and chapters in EU administrative law, EU financial/banking law and EU competition law.

The Agricultural Law of the EU

René Barents
The Agricultural Law of the EU Book PDF

Author : René Barents
Publisher : Kluwer Law International B.V.
Page : 457 pages
File Size : 51,8 Mb
Release : 2022-05-13
Category : Law
ISBN : 9789403544212

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The Agricultural Law of the EU by René Barents Pdf

European Monographs Series, Volume 9 This second and much-revised edition of the pre-eminent work on European Union (EU) agricultural law emphasises the sweeping changes that have led to the gradual expansion of the common agricultural policy to encompass the food chain as a whole. Although the new edition’s purpose and methodology remain the same, the author presents a completely new overview of the field as it now exists, including the effects of the latest reform measures up to 2021 and their implications for the future. Imparting in-depth awareness of the multifunctional character of agriculture today – its importance for environmental protection, preservation of biodiversity, public health, mitigation of climate change, and rural development, as well as its international obligations – the book provides matchless insight and clarifications on such critical legal details as the following: analysis of the Green Deal, the Farm to Fork Strategy, and the Biodiversity Strategy for 2030; extensive treatment of the TFEU provisions on agriculture and the impact of international legal instruments; clear and easily accessible treatment of the legislation on market and price policy, competition, and the agri-food chain; thorough analysis of administrative law aspects, in particular, the rights and obligations of operators in the framework of numerous subsidy arrangements and related topics such as sanctions and force majeure; and in-depth treatment of the importance of the general principles of EU law for legal protection. Given that about one-third of the EU’s budget is spent on agriculture – and that European legislation on agriculture is voluminous and complicated and case law is abundant – this well-organised and lucid exposition will be of immeasurable value to any practitioner asked to deal with a case involving agriculture anywhere in the EU. Academics aware of the growing intricacy of the field will welcome the author’s reflections on the meaning and significance of EU agricultural law.

EU Higher Education Law

Sacha Garben
EU Higher Education Law Book PDF

Author : Sacha Garben
Publisher : Kluwer Law International B.V.
Page : 298 pages
File Size : 47,9 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041133656

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EU Higher Education Law by Sacha Garben Pdf

In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: ; avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; the scope of EU legal competence for various kinds of activities in the educational sector; specific areas of overlap between EU law and the Bologna Process and their implications; voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; the idea that the university is being redefined, from a social institution to an industry; the increasingly influential role in the process, by means of funding and coordination, of the European Commission; financial support programmes and devices to enhance credit and degree recognition; students as recipients of services; and teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.

General Principles of European Private International Law

Stefan Leible
General Principles of European Private International Law Book PDF

Author : Stefan Leible
Publisher : Kluwer Law International B.V.
Page : 418 pages
File Size : 43,7 Mb
Release : 2016-02-22
Category : Law
ISBN : 9789041159649

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General Principles of European Private International Law by Stefan Leible Pdf

European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

EU Agricultural Law

Jens Hartig Danielsen
EU Agricultural Law Book PDF

Author : Jens Hartig Danielsen
Publisher : Kluwer Law International B.V.
Page : 248 pages
File Size : 50,9 Mb
Release : 2013-05-01
Category : Law
ISBN : 9789041148094

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EU Agricultural Law by Jens Hartig Danielsen Pdf

The European Union‘s common agricultural policy is without question the most economically significant policy area in EU law, as well as the area in which Union regulation has been implemented most consistently and intensely. This book contends that today, considering this comprehensive regulation of issues that are of prime economic importance – and the rich case law that this EU policy has generated – EU agricultural law cannot be treated as an isolated discipline, but must be seen in the context of general Union law. The author first deeply explores in an unprecedented way what is meant by the expressions ‘agriculture’, ‘agricultural activity’, and ‘agricultural producer’ found in current EU legislation, and goes on to provide a detailed legal analysis in contexts from Member States to the World Trade Organization. In the course of the presentation he examines the following, among much else: the principle of unified markets or common prices; structural funds for promoting regional agricultural development; encouragement of local strategies based on partnership and experience-sharing networks; environmentally friendly agricultural measures; the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD); whether a person or undertaking produces agricultural products or processes them; food safety measures; animal welfare; agricultural training and research; ensuring a fair standard of living for the agricultural community; interventions concerning storage or production limitation; State aid schemes; marketing standards; geographical indications; trade with third countries; support for improving the environment and the countryside; payment of aid pursuant to the single payment scheme; and WTO rules on domestic support measures, import duties and restrictions, and exports. As a full-length, in-depth analysis of EU agricultural law, this book has no peers. It is sure to be welcomed not only by legal academics, but by all who are professionally engaged in dealing with issues of Union agricultural law, whether lawyers, professional interest groups, or administrative authorities.

European Communications Law and Technological Convergence

Pablo Ibáñez Colomo
European Communications Law and Technological Convergence Book PDF

Author : Pablo Ibáñez Colomo
Publisher : Kluwer Law International B.V.
Page : 352 pages
File Size : 44,9 Mb
Release : 2011-12-14
Category : Law
ISBN : 9789041142931

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European Communications Law and Technological Convergence by Pablo Ibáñez Colomo Pdf

This book presents a thorough critical examination of the European regulatory reaction to technological convergence, tracing the explicit and implicit mechanisms through which emerging concerns are incorporated into regulation and competition law, and then goes on to identify the patterns that underlie these responses so as to establish the extent to which the issues at stake, and the implications of intervention, are fully understood and considered by authorities. Focusing on ‘conflict points’ – areas of tension inevitably arising among overlapping regimes – the analysis covers such elements as the following: the provision of ‘multiple-play’ services; the advent of ‘convergent devices’; the interchangeability of transmission networks; subscription-based (‘pay television’) services; the diversification of television services (such as on-demand and niche-theme channels); the relative scarcity of (premium) content; the ‘migration’ of television content with cultural and social relevance to pay television; and the emergence of ‘bottleneck’ segments in the communications value chain. Endorsing the adjustment of existing rules to meet pluralist objectives, the author outlines a single, coherent regulatory approach. He shows how a careful analysis of the implications of technological convergence helps to solve conflicts between regimes. Specifically, the analysis addresses the level – national or EU – at which particular regulatory responses should emerge, the objectives guiding action, and the tools through which these objectives may be pursued. These conclusions command the attention of policymakers, regulators, and lawyers active in the ongoing development of communications law.