BUSINESS LAW I
SUMMARY
Academic Year 2024-2025
0
,Table of contents:
TABLE OF CONTENTS: 1
PREFACE: 6
LIST OF USED ABBREVIATIONS: 7
RELEVANT ARTICLES: 9
EXTRA REFERENCED LEGISLATION: 13
CHAPTER 1 THE LAW: 14
THE PURPOSE OF THE LAW: 14
LEGAL SYSTEMS AND LEGAL FAMILIES: 14
LEGAL FAMILIES: 14
THE HISTORICAL DEVELOPMENT OF LAW IN WESTERN EUROPE 15
FIELDS OF LAW 17
PUBLIC – PRIVATE LAW: 17
SUBSTANTIVE LAW AND PROCEDURAL LAW: 18
NATIONAL LAW, INTERNATIONAL LAW AND TRANSNATIONAL LAW: 18
FUNCTIONAL FIELDS OF LAW: 18
SOURCES OF LAW: 18
FORMAL SOURCES OF LAW & MATERIAL SOURCES OF LAW 18
TREATIES: 19
FUNDAMENTAL PRINCIPLES OF LAW: 19
LEGISLATION/STATUTORY LAW/STATUTE LAW: 20
CASE LAW / JUDICIAL PRECEDENT / JUDGE MADE LAW: 20
EQUITY: 21
CUSTOMARY LAW: 21
CONTRACTS: 22
SOFT LAW: 22
JURISPRUDENCE: 22
KEY CONCEPTS OF LAW: 23
LEGAL SUBJECTS: 23
LEGAL COMPETENCE, STATUS AND CAPACITY TO ACT. 23
RIGHTS, DUTIES/OBLIGATIONS, PROHIBITIONS AND PERMISSIONS: 24
CHAPTER 2: THE EUROPEAN UNION AND ITS LEGAL SYSTEM 25
A BRIEF HISTORY OF THE EUROPEAN UNION: 25
EU MEMBERSHIP: 26
EU’S PURPOSE AND IDENTITY: (P.12-13) 26
VALUE AND AIMS OF THE EUROPEAN UNION: 26
SYMBOLS OF THE EUROPEAN UNION: 26
INSTITUTIONAL FRAMEWORK OF THE EUROPEAN UNION: 27
OVERVIEW: 27
1
,EUROPEAN PARLIAMENT: 27
EUROPEAN COUNCIL: 28
COUNCIL OF THE EUROPEAN UNION: 28
EUROPEAN COMMISSION: 29
COURT OF JUSTICE OF THE EUROPEAN UNION: 30
LAW OF THE EUROPEAN UNION: 31
HIERARCHY OF SOURCES: 31
PRIMARY SOURCES OF EU LAW: 31
INTERNATIONAL AGREEMENTS CONCLUDED BY THE EU: 31
SECONDARY SOURCES OF EU LAW: 32
CASE LAW OF THE COURT OF JUSTICE OF THE EU: (ART. 19 TEU P.16, ART. 267 TFEU P.71) 32
WHERE TO FIND EU LAW: 32
RELATIONSHIP BETWEEN EU LAW AND NATIONAL LEGAL SYSTEMS: 33
EU – SUPRANATIONAL ORGANISATION: 33
PRINCIPLES OF CONFERRAL, SUBSIDIARITY AND PROPORTIONALITY: 33
DOCTRINE OF SUPREMACY: 35
DISTINGUISHING EU FROM OTHER FORMS OF CROSS-BORDER COOPERATIONS IN EUROPE: 35
COUNCIL OF EUROPE: 35
EUROPEAN FREE TRADE ASSOCIATION: (EFTA) 35
EUROPEAN ECONOMIC AREA: (EEA) 36
EURO AREA: 36
SCHENGEN AREA: 36
CHAPTER 3: INTERNAL MARKET LAW 37
FREE MOVEMENT OF GOODS: 37
CONCEPT AND LEGAL BASIS: 37
ADOPTION OF A COMMON EXTERNAL TARIFF: 37
PROHIBITION OF CUSTOMS DUTIES AND CHARGES HAVING AN EQUIVALENT EFFECT: 37
PROHIBITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING AN EQUIVALENT EFFECT: (ART. 34-36 TFEU
P.31) 38
FREEDOM OF ESTABLISHMENT: 39
CHAPTER 4: COMPETITION LAW 40
SCOPE OF APPLICATION ART. 101 & 102. TFEU: 40
UNDERTAKING: 40
EFFECT ON TRADE BETWEEN THE EU MEMBER STATES: 40
PROHIBITION OF RESTRICTIVE PRACTICES: 41
SUBSTANTIVE REQUIREMENTS: 41
EXCEPTIONS: 42
BLOCK EXEMPTIONS: 42
INDIVIDUAL EXEMPTIONS: 42
LEGAL EFFECTS: 42
PROHIBITION OF ABUSE OF A DOMINANT MARKET POSITION: 43
SUBSTANTIVE REQUIREMENTS: 43
ENFORCEMENT AND REMEDIES: (ART. 3 EC N°1/2003 P.112, ART. 7, 8 EC N°1/2003 P.114, ART. 23 EC N°1/2003
P.117) 44
CONSUMER PROTECTION LAW: 44
2
, SCOPE OF APPLICATION: 44
TYPES OF PRODUCTS: 45
TYPES OF CONTRACTS: 45
RIGHT TO INFORMATION: 46
SCOPE OF APPLICATION: 46
REQUIRED INFORMATION: 46
FORMAT OF THE INFORMATION: 47
RIGHT TO FAIR CONTRACT TERMS: 48
SCOPE OF APPLICATION: 48
GENERAL UNFAIRNESS TEST: 48
NATIONAL LISTS OF UNFAIR TERMS: 49
LEGAL EFFECTS: 49
RIGHT TO FAIR COMMERCIAL PRACTICES: 49
SCOPE OF APPLICATION: 50
GENERAL UNFAIRNESS TEST: 50
TYPES OF UNFAIR COMMERCIAL PRACTICES: 51
EU LIST OF UNFAIR COMMERCIAL PRACTICES: 52
RIGHT TO WITHDRAW: 53
SCOPE OF APPLICATION: 53
EXERCISE THE RIGHT TO WITHDRAW: 53
LEGAL EFFECTS: 54
RIGHT TO CONFORMITY: 56
SCOPE OF APPLICATION: 56
CONFORMITY REQUIREMENTS: 57
LIABILITY: 58
LEGAL REMEDIES: 58
CHAPTER 6: PERSONAL DATA PROTECTION LAW 60
SCOPE: 60
JUSTIFICATION GROUNDS: 62
CONTRACT: 62
LEGAL OBLIGATION: 62
LEGITIMATE INTEREST: 63
CONSENT: 63
SPECIAL CATEGORIES OF PERSONAL DATA: (ART. 9 GDPR P.191) 65
DATA CONTROLLER & DATA PROCESSOR: 66
IDENTITY: 66
OBLIGATIONS AND LIABILITY: 67
GDPR PRINCIPLES & RIGHTS: 68
PRINCIPLES RELATING TO THE PROCESSING OF PERSONAL DATA: (ART. 5 GDPR P.189) 68
A PERSON’S RIGHTS: 69
COMPLIANCE: 71
CONSEQUENCES OF NON-COMPLIANCE WITH GDPR REGULATION: 72
CONDUCTING A DPIA (DATA PROTECTION IMPACT ASSESSMENT): (ART. 35 GDPR P.199) 72
DATA PROTECTION OFFICER (DPO): 72
DATA BREACHES: 73
DIRECT MARKETING: 74
CHAPTER 7: INTELLECTUAL PROPERTY RIGHTS 75
3
SUMMARY
Academic Year 2024-2025
0
,Table of contents:
TABLE OF CONTENTS: 1
PREFACE: 6
LIST OF USED ABBREVIATIONS: 7
RELEVANT ARTICLES: 9
EXTRA REFERENCED LEGISLATION: 13
CHAPTER 1 THE LAW: 14
THE PURPOSE OF THE LAW: 14
LEGAL SYSTEMS AND LEGAL FAMILIES: 14
LEGAL FAMILIES: 14
THE HISTORICAL DEVELOPMENT OF LAW IN WESTERN EUROPE 15
FIELDS OF LAW 17
PUBLIC – PRIVATE LAW: 17
SUBSTANTIVE LAW AND PROCEDURAL LAW: 18
NATIONAL LAW, INTERNATIONAL LAW AND TRANSNATIONAL LAW: 18
FUNCTIONAL FIELDS OF LAW: 18
SOURCES OF LAW: 18
FORMAL SOURCES OF LAW & MATERIAL SOURCES OF LAW 18
TREATIES: 19
FUNDAMENTAL PRINCIPLES OF LAW: 19
LEGISLATION/STATUTORY LAW/STATUTE LAW: 20
CASE LAW / JUDICIAL PRECEDENT / JUDGE MADE LAW: 20
EQUITY: 21
CUSTOMARY LAW: 21
CONTRACTS: 22
SOFT LAW: 22
JURISPRUDENCE: 22
KEY CONCEPTS OF LAW: 23
LEGAL SUBJECTS: 23
LEGAL COMPETENCE, STATUS AND CAPACITY TO ACT. 23
RIGHTS, DUTIES/OBLIGATIONS, PROHIBITIONS AND PERMISSIONS: 24
CHAPTER 2: THE EUROPEAN UNION AND ITS LEGAL SYSTEM 25
A BRIEF HISTORY OF THE EUROPEAN UNION: 25
EU MEMBERSHIP: 26
EU’S PURPOSE AND IDENTITY: (P.12-13) 26
VALUE AND AIMS OF THE EUROPEAN UNION: 26
SYMBOLS OF THE EUROPEAN UNION: 26
INSTITUTIONAL FRAMEWORK OF THE EUROPEAN UNION: 27
OVERVIEW: 27
1
,EUROPEAN PARLIAMENT: 27
EUROPEAN COUNCIL: 28
COUNCIL OF THE EUROPEAN UNION: 28
EUROPEAN COMMISSION: 29
COURT OF JUSTICE OF THE EUROPEAN UNION: 30
LAW OF THE EUROPEAN UNION: 31
HIERARCHY OF SOURCES: 31
PRIMARY SOURCES OF EU LAW: 31
INTERNATIONAL AGREEMENTS CONCLUDED BY THE EU: 31
SECONDARY SOURCES OF EU LAW: 32
CASE LAW OF THE COURT OF JUSTICE OF THE EU: (ART. 19 TEU P.16, ART. 267 TFEU P.71) 32
WHERE TO FIND EU LAW: 32
RELATIONSHIP BETWEEN EU LAW AND NATIONAL LEGAL SYSTEMS: 33
EU – SUPRANATIONAL ORGANISATION: 33
PRINCIPLES OF CONFERRAL, SUBSIDIARITY AND PROPORTIONALITY: 33
DOCTRINE OF SUPREMACY: 35
DISTINGUISHING EU FROM OTHER FORMS OF CROSS-BORDER COOPERATIONS IN EUROPE: 35
COUNCIL OF EUROPE: 35
EUROPEAN FREE TRADE ASSOCIATION: (EFTA) 35
EUROPEAN ECONOMIC AREA: (EEA) 36
EURO AREA: 36
SCHENGEN AREA: 36
CHAPTER 3: INTERNAL MARKET LAW 37
FREE MOVEMENT OF GOODS: 37
CONCEPT AND LEGAL BASIS: 37
ADOPTION OF A COMMON EXTERNAL TARIFF: 37
PROHIBITION OF CUSTOMS DUTIES AND CHARGES HAVING AN EQUIVALENT EFFECT: 37
PROHIBITION OF QUANTITATIVE RESTRICTIONS AND MEASURES HAVING AN EQUIVALENT EFFECT: (ART. 34-36 TFEU
P.31) 38
FREEDOM OF ESTABLISHMENT: 39
CHAPTER 4: COMPETITION LAW 40
SCOPE OF APPLICATION ART. 101 & 102. TFEU: 40
UNDERTAKING: 40
EFFECT ON TRADE BETWEEN THE EU MEMBER STATES: 40
PROHIBITION OF RESTRICTIVE PRACTICES: 41
SUBSTANTIVE REQUIREMENTS: 41
EXCEPTIONS: 42
BLOCK EXEMPTIONS: 42
INDIVIDUAL EXEMPTIONS: 42
LEGAL EFFECTS: 42
PROHIBITION OF ABUSE OF A DOMINANT MARKET POSITION: 43
SUBSTANTIVE REQUIREMENTS: 43
ENFORCEMENT AND REMEDIES: (ART. 3 EC N°1/2003 P.112, ART. 7, 8 EC N°1/2003 P.114, ART. 23 EC N°1/2003
P.117) 44
CONSUMER PROTECTION LAW: 44
2
, SCOPE OF APPLICATION: 44
TYPES OF PRODUCTS: 45
TYPES OF CONTRACTS: 45
RIGHT TO INFORMATION: 46
SCOPE OF APPLICATION: 46
REQUIRED INFORMATION: 46
FORMAT OF THE INFORMATION: 47
RIGHT TO FAIR CONTRACT TERMS: 48
SCOPE OF APPLICATION: 48
GENERAL UNFAIRNESS TEST: 48
NATIONAL LISTS OF UNFAIR TERMS: 49
LEGAL EFFECTS: 49
RIGHT TO FAIR COMMERCIAL PRACTICES: 49
SCOPE OF APPLICATION: 50
GENERAL UNFAIRNESS TEST: 50
TYPES OF UNFAIR COMMERCIAL PRACTICES: 51
EU LIST OF UNFAIR COMMERCIAL PRACTICES: 52
RIGHT TO WITHDRAW: 53
SCOPE OF APPLICATION: 53
EXERCISE THE RIGHT TO WITHDRAW: 53
LEGAL EFFECTS: 54
RIGHT TO CONFORMITY: 56
SCOPE OF APPLICATION: 56
CONFORMITY REQUIREMENTS: 57
LIABILITY: 58
LEGAL REMEDIES: 58
CHAPTER 6: PERSONAL DATA PROTECTION LAW 60
SCOPE: 60
JUSTIFICATION GROUNDS: 62
CONTRACT: 62
LEGAL OBLIGATION: 62
LEGITIMATE INTEREST: 63
CONSENT: 63
SPECIAL CATEGORIES OF PERSONAL DATA: (ART. 9 GDPR P.191) 65
DATA CONTROLLER & DATA PROCESSOR: 66
IDENTITY: 66
OBLIGATIONS AND LIABILITY: 67
GDPR PRINCIPLES & RIGHTS: 68
PRINCIPLES RELATING TO THE PROCESSING OF PERSONAL DATA: (ART. 5 GDPR P.189) 68
A PERSON’S RIGHTS: 69
COMPLIANCE: 71
CONSEQUENCES OF NON-COMPLIANCE WITH GDPR REGULATION: 72
CONDUCTING A DPIA (DATA PROTECTION IMPACT ASSESSMENT): (ART. 35 GDPR P.199) 72
DATA PROTECTION OFFICER (DPO): 72
DATA BREACHES: 73
DIRECT MARKETING: 74
CHAPTER 7: INTELLECTUAL PROPERTY RIGHTS 75
3
