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1

VPLYV ROZHODNUTIA SÚDNEHO DVORA EURÓPSKEJ ÚNIE VO VECI PLOŠNÉHO ODHAĽOVANIA INFORMÁCIÍ O KONEČNÝCH UŽÍVATEĽOCH VÝHOD NA PRÁVNY PORIADOK SLOVENSKEJ REPUBLIKY

100%
Kubinec M., Ušiaková L., Dzimko J., Krištiaková K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 5
447 – 460
EN
The authors analyse the Judgment of the Court of Justice of the European Union in joined cases C-37/20 WM and C-601/20 Sovim SA v Luxembourg Business Registers of 22.11.2022 and its impact on the legal regulation of the disclosure of data on the end-user of benefits in the legal order of the Slovak Republic. The authors suggest possible application problems as well as de lege ferenda considerations in relation to this decision and its impact on the Slovak legal order.
2

NEKONEČNÝ PRÍBEH S OTVORENÝM KONCOM? VEK, ROZDIELNE ZAOBCHÁDZANIE A DISKRIMINÁCIA V JUDIKATÚRE SÚDNEHO DVORA EURÓPSKEJ ÚNIE

100%
Jánošíková M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2012
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vol. 95
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issue 2
151 – 163
EN
The author analyzes the basic lines of decision-making of the Court of Justice on prohibition of age discrimination. After explaining the origins of that prohibition in the Union law the author is aimed at those judgments of the Court of Justice which have been passed on the basis of preliminary ruling questions of the national courts and have clarified those provisions of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation which allow to the Member States retaining their specific legal norms of different treatment on grounds of age. The author comes to the conclusion that those notions in Directive 2000/78/EC have no the only possible interpretations and meanings given to them till now by the Court of Justice for the Member States have in their legal orders other provisions on different treatment on grounds of age which have not been properly interpreted by the current case of the Court of Justice yet.
3

ROZLIŠOVACIA SPÔSOBILOSŤ FARBY AKO OZNAČENIA SPÔSOBILÉHO BYŤ SAMOSTATNÝM PREDMETOM OCHRANNEJ ZNÁMKY

86%
Zlocha Ľ.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 1
72 – 84
EN
The author analyses the distinctive power of colour as marking capable of being autonomous subject of a trademark and the conditions that must be fulfilled for such abstract colour marking to be entered into the register of trade marks. The core of examination of this issue is the case-law of the Court of Justice of the European Union, through which the Court of Justice provides binding interpretations for individual provisions of the Directive 2008/95/EC of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks.
4

TEÓRIA SPOLOČNOSTI V TRIÁDE ROZHODNUTÍ DAILY MAIL, CARTESIO A VALE – SPOLOČNOSŤ AKO FIKCIA, NEXUS KONTRAKTOV ALEBO REÁLNA OSOBA?

72%
Patakyová M., Czokolyová B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 1
3 – 21
EN
Search for an answer to a basic question „What is a corporation?“ is still alive. It is highly questionable whether it is even possible to formulate a clear answer to this question as the role of corporations in society changes. Aim of this article was to provide the reader with a debate on the nature of the corporation in connection with the cross-border transfer of a company’s seat. The jurisprudence of the Court of Justice of the European Union in the cases Daily Mail, Cartesio and VALE was analysed through lances of the three main theories of the corporations – fiction theory, contractual theory and realist theory. Wording of the Court of Justice of the European Union in the case Daily Mail can be claimed to favour the fiction theory as the Court of Justice describes corporations as “creatures of national law” which goes in line with the classic definition of corporation as persona ficta by John Marshall. The same approach of the Court of Justice of the European Union was repeated in the case Cartesio. However, in this case new line of debate about the nature of corporations was opened. If the corporation decides to change its seat and at the same time the applicable law, the home state cannot require dissolution and liquidation of this company. In this situation corporation is transferring some “aura”, which is independent from the regulation of the home state under which the corporation was created. Such perception of corporation will fit into the realist theory of corporation as company will be considered to be a separate entity. Similar view on the nature of corporation can be detected in the case VALE. When the company VALE Építési kft required to be recorded into the Hungarian commercial register in time when VALE Costruzioni Srl, as predecessor of VALE Építési kft, was already deleted from the Italian commercial register. Thus by de lege lata analyses it could be claimed that company VALE Costruzioni Srl does not exist anymore. The Court of Justice however does not follow such argumentation and considers VALE Costruzioni Srl enough alive to be able to transfer to Hungary. From such approach we can claim that Court of Justice of the European Union follows realist theory of corporation in this judgement as it considers the existence of VALE to be independent from the home state regulation and its shareholders.
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