European Union Law for International Business An introduction 1st Edition by Bernard Bishop 0521881447 9780521881449

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ISBN 10: 0521881447

ISBN 13: 9780521881449

Author:  Bernard Bishop

Written specifically for exporters and those without legal training, this book is an introduction to the business laws of the European Union that need to be understood by those operating outside the EU. It is a practical guide to the regulatory and procedural issues that exporters and businesses need to be aware of. While providing an overview of how the EU operates as a governing body, the book addresses the key matters that exporters will face during their business transactions. Topics covered include: • Direct export transactions to the EU • Exporting via an agent or distributor • Customs laws and procedures • Resolving international business disputes • How to establish a permanent business presence within the EU The book uses case studies to illustrate how these transaction types can be applied to real world business dealings. It is an essential resource for anyone involved in international business with customers in the European Union.

European Union Law for International Business An introduction 1st Table of contents: 

1 EU institutions and law making

INTRODUCTION

EU INSTITUTIONS AND THEIR ROLE IN LAW MAKING

THE EUROPEAN COUNCIL

THE COUNCIL OF THE EUROPEAN UNION

THE EUROPEAN PARLIAMENT

THE EUROPEAN COMMISSION

CONSULTATIVE BODIES

THE EUROPEAN COURT OF JUSTICE

TYPES OF EU LAWS AFFECTING THE INTERNATIONAL BUSINESSPERSON

INTERNATIONAL AGREEMENTS

THE TREATIES

REGULATIONS

DIRECTIVES

DECISIONS

OPINIONS, RECOMMENDATIONS AND GUIDELINES

2 Contracts for the sale of goods to an EU buyer

INTRODUCTION

THE IDENTITY OF THE PARTIES

DESCRIPTION OF THE GOODS

TIME AND PLACE FOR DELIVERY

TRANSPORT ARRANGEMENTS FOR THE GOODS

INSPECTION OF THE GOODS

PRICE AND METHOD OF PAYMENT

RETENTION OF TITLE IN THE GOODS BY THE SELLER UNTIL PAID

RESPECTIVE OBLIGATIONS OF THE PARTIES IF UNFORESEEN EVENTS MAKE PERFORMANCE IMPOSSIBLE

THE LAW THAT WILL APPLY TO THE CONTRACT

THE TYPE OF DISPUTE RESOLUTION MECHANISM THAT WILL BE USED

3 Transport of goods to an EU buyer

INTRODUCTION

EU TRANSPORT SYSTEMS

INTERNATIONAL CONVENTIONS GOVERNING SEA TRANSPORT OF GOODS TO THE EU

INTERNATIONAL CONVENTIONS GOVERNING AIR TRANSPORT OF GOODS TO THE EU

INTERNATIONAL CONVENTIONS GOVERNING ROAD TRANSPORT OF GOODS WITHIN THE EU

INTERNATIONAL CONVENTIONS GOVERNING RAIL TRANSPORT OF GOODS WITHIN THE EU

INTERNATIONAL CONVENTIONS GOVERNING TRANSPORT OF GOODS WITHIN THE EU BY INLAND WATERWAY

INSURANCE

4 Customs law and procedure within the EU

INTRODUCTION

EU CUSTOMS ENTRY PROCEDURE

EU-WIDE RESTRICTIONS ON THE ENTRY OF GOODS

AGRICULTURAL PRODUCTS

MANUFACTURED GOODS

INDIVIDUAL COUNTRY RESTRICTIONS ON THE IMPORT OF GOODS

QUANTITATIVE AND OTHER TECHNICAL BARRIERS TO IMPORTS OF GOODS FROM OTHER EU MEMBER STATES

PECUNIARY BARRIERS

ANTI-DUMPING, COUNTERVAILING AND SAFEGUARD MEASURES

PREFERENTIAL ARRANGEMENTS

5 Payment and risk management in international sales

PRE-PAYMENT

LETTERS OF CREDIT

PAYMENT AGAINST DOCUMENTS (DOCUMENTARY COLLECTION)

OPEN ACCOUNT

CREDIT INSURANCE

FACTORING

FOREIGN EXCHANGE RISK

6 Sales to the EU using an EU representative

INTRODUCTION

WHY APPOINT A REPRESENTATIVE FOR THE EU MARKET?

SELECTING AN AGENT OR DISTRIBUTOR

APPOINTING AN AGENT

PARTIES TO THE AGREEMENT

AGENTS BASIC OBLIGATIONS

PRINCIPALS BASIC OBLIGATIONS

TERRITORY AND PRODUCTS

COMMISSION

MINIMUM SALES TARGET

REPORTING REQUIREMENTS

ADVERTISING AND PROMOTION OBLIGATIONS

CONFIDENTIALITY

NO COMPETITION

DELEGATION

DURATION OF THE AGENCY AGREEMENT

TERMINATION OF THE AGENCY AGREEMENT

COMPENSATION FOR TERMINATION

RESTRAINT OF TRADE

APPLICABLE LAW

DISPUTE RESOLUTION

AGENCY AGREEMENTS AND COMPETITION LAW

DISTRIBUTION AGREEMENTS

EU COMPETITION LAW AND DISTRIBUTION AGREEMENTS

COMMON RESTRICTIVE DISTRIBUTION ARRANGEMENTS

HOW DOES EU COMPETITION LAW AFFECT THESE AGREEMENTS?

7 Entering the EU market via franchising arrangements

INTRODUCTION

TYPES OF FRANCHISE ARRANGEMENTS

MATTERS FOR CONSIDERATION PRIOR TO ENTERING INTO A FRANCHISE AGREEMENT

REGISTRATION OF INTELLECTUAL PROPERTY RIGHTS

TRADE MARK PROTECTION

PATENT PROTECTION

DESIGNS

PRE-CONTRACT DISCLOSURE

EU COMPETITION LAW

EUROPEAN CODE OF ETHICS FOR FRANCHISING

THE FRANCHISE AGREEMENT

INTELLECTUAL PROPERTY RIGHTS

RUNNING THE BUSINESS

TERRITORY

ROYALTY AND REPORTING

SUPPLIERS AND PRICING

TERM OF THE AGREEMENT AND RENEWAL

TRANSFER

TERMINATION

RESTRAINT OF TRADE

OPERATION OF THE FRANCHISE BY THE FRANCHISEE

PRODUCT LIABILITY

EU UNFAIR COMMERCIAL PRACTICES DIRECTIVE

8 Establishing a permanent presence in the EU

INTRODUCTION

RIGHT OF ESTABLISHMENT

LEGAL AND PROCEDURAL ISSUES ARISING IN THE FORMATION OF A PRIVATE COMPANY

BRANCH

PUBLIC COMPANY

MERGERS AND ACQUISITIONS

THE EUROPEAN COMPANY

A PRIVATE EUROPEAN COMPANY?

LICENCES AND PERMITS

STATE AID TO INDUSTRY

9 Resolving a dispute with an EU firm

INTRODUCTION

LITIGATION AGAINST PARTIES FROM EU MEMBER STATES

INITIATING PROCEEDINGS

SERVICE OF PROCESS

COURT PROCEDURE IN PRE-TRIAL AND TRIAL STAGES

CHOICE OF LAW

ENFORCEMENT

MATTERS TO CONSIDER IN AN INTERNATIONAL ARBITRATION

SELECTION OF AN ARBITRAL INSTITUTION

COMMENCING AN ARBITRATION

APPOINTMENT OF THE ARBITRATORS

PRELIMINARY STEPS

ESTABLISHING THE FACTS AND THE HEARING

THE AWARD AND COSTS

ENFORCEMENT

MEDIATION OF INTERNATIONAL COMMERCIAL DISPUTES

COMMENCING A MEDIATION

THE MEDIATION PROCESS – UP TO THE MEDIATION HEARING

THE MEDIATION HEARING

THE SETTLEMENT AGREEMENT AND ITS ENFORCEMENT

COSTS

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