Extending Ingmar to jurisdiction and arbitration clauses: the end of party autonomy in contracts with commercial agents? (OLG Munchen, 17 May 2006 - 7 U 1781/06)

Article Abstract:

The article examines whether the Ingmar decision of the European Court of Justice with reference to Articles 17 and 18 of the Commercial Agents Directive can be extended to jurisdiction and arbitration clauses. It is concluded that such a protection lays serious restrictions on party autonomy and therefore it is doubtful whether this decision is good for the Internal Market.

Commercial law, Arbitration (Administrative law), Administrative arbitration, Commercial agents

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Public service obligations: moral counterbalance of technical liberalization legislation?

Article Abstract:

The notion of public service obligations and services of general interest developed as a consequence of the European Union's technical liberalization legislation. The development is described as a balance between considerations based on market principles and concerns with cohesion and social solidarity.

Government expenditures, Economic aspects, Economic policy, European Union, Public sector, Obligations (Law), Law overview

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