Hi

I hope you survived todays seminar and that you learned a few new things.

I think you did good and that we had a good discussion 🙂

Please give us some feedback.

What was good and what was bad with the exam?

Best regards,
Krister

73 Responses to “Mälardalen University, Introduction To Commercial Law Exam Seminar”

  1. Good morning Inger and Krister!

    Yesterday´s seminar was very good and i learned a lot, specially how to think in order to get the right solution. About the written assignment me and my group had a very hard time to understand the meaning of some issues in the case the right way and had to read it several times and discuss it with the group, maybe that is your intention but we think it would be more meaningful to put time on elaborating the actual issue than trying to understand the text in the proper way. We also had a hard time to know how you wanted to have the assignment, if the articles and law texts or our discussion and conclusion was more important for you.

    Thank you for a interesting case and seminar, and i feel bad for Anita, hope she will do better next time she´s buying something for her company! 🙂

    • Thank you for this comment. I found it interesting and I Think you have a point. Me too hope things are getting better for Anita after the seminar!

  2. I thought that the seminars and written exam was a great way to test our knowledge. I learned much more by writing the exam than just reading by myself.

    However, I think that the exam on the 13th should be a home exam or something similar since there is so much information to write in the answers and only haveing 4 hours (and to write that much by hand ) seems very stressful. To answer the questions correctly and thouroughly while at the same time structuturing it sounds very difficult and time consuming giving our conditions. This is a course that is based on discussions and interpretations and i think that both exams should give the opportunities to show it aswell.

  3. Hi Inger!
    Have a question regarding Tax Law.
    Where we not supposed to get the answers from the Examples that you uploaded on the homepage under Lecture 16?

  4. You will get that. I just did not have time for it. 16th we had a seminar lasting 11 hours!! So just be patient. You will get them.
    Best regards and Merry Christmas!!
    Inger

  5. Hi Krister and Inger! Hope you’re well.

    I agree with the person commenting above about having a home exam. As I remember, Krister has told us several times that he is not interested in what we can ”remember”, it’t about being able to use different articles etc. And with a written exam, it’s mostly about being able to remember, and we have had so much material. There are three books notes, different links and homepages, powerpoints etc. In other words – a lot! In cases where there is so much to remember, the remembering seems more important than the actual learning – which should not be the case.

    I think the seminars and the written assignment were very good learning moments as me (and my group) felt like we learned a lot. I still remember most of the things that were said in the seminars and everything (more or less) that me and my group wrote in our assignment. When it comes to a subject like commercial law, I find a home exam much more appropriate and I’m sure the majority of the class would agree. At the end of the day, it’s the learning part that is the important part for our future.

    Hope you have a Merry Christmas and a Happy New Year!

  6. Merry Christmas! When do our point/grades from the seminar show up in the database? CSN wants me to perform some HP asap…

  7. I agree with the anonym person on comment 5 🙂

  8. Hi Inger and Krister,

    I have a question regarding Ingers EU part; could you explain the difference between Supremacy and restriction of national power (EU supranational side)? I can´t really tell the difference between those two.

    Happy new year!

    • Hi Anonym,
      Yes you have it a bit mixed up but you are on the right track.

      As we have discussed there are two sides of EU Power:

      The intergovernmental side and the Supranational side, see slides 32- 35.
      From the start EU was more an intergovernmental Union between the MS. But due to the case law from European Court of Justice ECJ the supranational side started to develop and we have looked at Three cases:
      1962 came Direct effect in van Gend en Loos saying that EU law – the Treaties, the Regulations and Directives – is to be applied as law in MS. See slide 38,39.
      Then came the principle of Supremacy of EU Law in 1964 Costa v Enel see slides 43,44, and this conclusion from the case itself:
      BY CREATING A COMMUNITY OF UNLIMITED DURATION, HAVING ITS OWN INSTITUTIONS, ITS OWN PERSONALITY, ITS OWN LEGAL CAPACITY AND CAPACITY OF REPRESENTATION ON THE INTERNATIONAL PLANE AND, MORE PARTICULARLY, REAL POWERS STEMMING FROM A LIMITATION OF SOVEREIGNTY OR A TRANSFER OF POWERS FROM THE STATES TO THE COMMUNITY, THE MEMBER STATES HAVE LIMITED THEIR SOVEREIGN RIGHTS AND HAVE THUS CREATED A BODY OF LAW WHICH BINDS BOTH THEIR NATIONALS AND THEMSELVES .
      THirdly you have the restriction of national Power in the Sommenthal Case which says that a MS is not entitled to have Domestic law which is not in comformity with EU Law, slide 45. It is all clearly described in the PMEU Law Main topics with references to TC Hartly 7th edition (the 8th is very simular) and you also have the Three cases on the course home side. Did you look at them?
      Later Implied Power was developed and Open ended Power also described in the PM and the book.
      I do hope this is clear now.
      Inger

  9. Hello
    If I forgot an english word as for example instrument of government. Is it alright if I write that word in swedish? Regeringsformen? on the exam?

    • Hi

      You are not allowed to answer in Swedish but if you write a Swedish word in the answer as in your exampel we will ofcourse not deduct points but we will evaluate the whole answer when we decide the points on each question.

      Best regards,
      Krister

    • HI, I am not sure what you mean by instrument of government. Regeringsformen is a one of the laws referred to as Swedish ”Grundlag” which is in English the Constitution. The Constitution of EU is TEU and TFEU.
      Inger

      • Hello Inger
        In the lecture of 21 of november with Krister described constitutional acts and that we have four acts in Sweden and one of them is Instrument of Government.

        I mean if we get for example a question to describe the hierarchy of legal sources. My question is if I forget a word in English, can I write the swedish word on the exam? Not the whole answer just a word.

  10. Hello Krister!

    This question is regarding question 2 on exam dated 13-03-14 these questions are concerning the Data protection directive.

    I feel that the answer to the question is quite ambiguous and I would appreciate some further explanation.

    The answer was: ”The purpose of the booking system was only to manage the bookings so it is not allowed to use the information for other purposes according to art 6 (1b) if tenants did not agree to the
    processing before it started, see also art 7 (a).”

    What provision states that it is allowed to ”only manage bookings”? I was thinking it might be art. 3.2, approving ”household use”. However, I don’t really know what household use implies. What does it imply?

    But I assume that the answer to the exam question would be ”No, the household owner is not allowed to process the personal data without consent according to 7.(a).

    Also, in the exam question I might have answered as above but you have taught us that one should look at the bigger picture and refer to reality. So even if the household owner was prohibited from registering this data, is it actually likely that the tenants would file a suit and moreover that such a petty action would result in a conviction by the court. After all, the PUL states that petty cases should not be considered, like you said in the webinar. Is this also something we should consider during the exam?

    —————————————————————————

    This leads to a general question concerning art. 7. Is it for example prohibited that a company’s team leader compose a list with each employee’s name and task, and then share (thus process) this personal data with other employees through a filing system, or just by email, without the employees consent?
    —————————————————————————
    Could you also explain what they exactly mean by ”automatic means” in the dir?

    —————————————————————————
    I also agree that a home exam is more suiting for this kind of subject since it requires some time and explaining which there might not be room for in 4 hours.

    Happy new year!

    Regards
    Christopher

    • Hi

      In the question it says that it was a booking system for the tenants use of the room. Then you are not allowed to keep the information any longer time then needed to fulfill the purpose when the system was installed. You can not change the purpose after the data has been processed.

      In Preamble you can read more about ”personal or household activity”.

      Yes it is possible that a complaint may be filed if tenants feel that the personal integrity has been violated by registering when and how often they use laundry room. If they also feel that the house owner are controlling who cleans the room and who does not clean the room the possibility for complaints gets bigger.

      Regarding the general question; it will be allowed according to art 7 (f).

      Regarding ”automatic means” read Preamble and listen to the recorded webinar.

      Best regards,
      Krister

  11. Hi!

    Im trying to understand the reading list for the EU Law, i have the eight ed. of TC Hartley.
    I don’t find the parts and your headlines really matching my book, are the reading list made for the eight ed or for the older? Or am i reading the list in the wrong way? Please help me, I feel very confused right now!

    • The links in the reading lists are also broken, could you update the links?

    • No I have not updated the page numbers but you can easaly find what you are looking for by using the Index. In most cases the pages just differs slightly.
      Inger

      • I actually think the information in the reading instructions should be updated since the course literature has been updated this year. I don’t find it very easy to know what to read about since also the headlines differ, I am of course trying to find out by my self what is relevant in the content. But I feel that you are making it easier for the students with old books and a bit harder for the students with the new one. Please it would cost us a lot of time if we also got a new version of the reading instructions

        • not cost, it would save us a lot of time sorry 🙂

          • Ok Everybody. I have sent an updated version of the EU PM main Topics. You will find that there are very small variations but I hope it helps. The document is called PM EU right 8th edition. God Luck to you.
            Inger

  12. Hi Krister,

    I have a question regarding parallel import. If country A and B are European Union countries and country A has a trademark protection on a good. If A sell the good to country B (A´s trademark is consumed, right? and parallel import to another company in country A, without concent of trademark holder, is ok?) Can country B sell the good to a country outside EU? (national or international exhaustion).

    If country A doesn´t have a CTM only a national trademark protection and sell his/her good to Japan, can Japan export the good to country B?

    I hope you understand (It would be easier to show you by drawings but that´s a bit hard here)

    Have a good day!

    • Hi

      Question 1 – yes Trademark rights is ”consumed”. Parallel import is OK.
      Question 2 – yes buyer in Country B can sell to buyer outside EU as long as there is no Trademark protection in the Country outside EU.
      Question 3 – Yes buyer in Japan can export to Country B.

      Best regards,
      Krister

  13. Hi!

    The hyperlinks in the reading instructions are broken and leads us to 404-error page. It would be much appreciated if you updated the links! Ofcourse we could try look around for the information on the web but since we don’t know exactly what you want us to read one might miss things out.

    Kind regards
    Christopher

    • Hi Christopher,
      I am very confused with your question. There are no hyperlinks in the document. The document is a summery for each of my subjects referring to Reading parts, articles and slides.
      For EU the subject is diveded in the main topics listed in the PM EU Law – Main topics, Reading Instructions to TC Hartley which you find under EU Law on the cource home page.
      For each subject you can look up the relevant chapters indicated with pages (differs slightly in edition 8) then you can study the right article and you can study the relevant slides.
      It is a very simple and I really do not understand where you have landed. May be you could call me and explain your problems so the I can make a comment on the Blogg.
      Inger

  14. Hi Christopher, It is OK. I was just a bit confused. Hope your styding goes well!
    Inger

  15. hi is there any answers to human rights study questions in lec 13th ? thanx

    • No you easaly find answers in the Slides and in the PM Main topics, which I hope everybody find as an updated version for 8th Edition of TC Hartley on the cource website.
      Inger

  16. Here comes a question regarding tax law and my answer to it:

    Hello 🙂

    I have a question about the understanding of the articles, especially art 22. Please let me know if I understand it right, or if I am wrong.

    I live in Sweden and I work in Poland for more than 6 month, and my families still live in Sweden, in this case Art 4.2 applies because I have two resident due to the fact that I have my family living in Sweden and I have work in Poloand more than 6 month. I will be double tax under Art 15.1 due to my situation. What are the reasons Art 22 can apply so that I avoid the double tax? I understand that if I work in Poland more than 6 month, I will only pay tax in Poland. I am not sure about art 22, and I am having a hard time understanding it.

    Hi
    Very good. 4.2 Apples and since he is more than 183 days in Poland art 15.1 applies as you say but not 15.2. So far so good. 15.1 means that he is doubled taxed. But you forgot to decide his residence under the DTT . So what result did you come to when applying 4.2? I would say that he will remain Swedish resident under the DTT – probably a tempory work in Poland so centre of vital interest in Sweden due to the family but if he is staying in Poland for a longer period you might to have to move from centre of vital interest to habitual abode and then Poland might be the Resident state due to circumstances ( how long time is he in Sweden and how much time is spent in Poland) .
    If Sweden is the resident state he will be taxed in both States and under 22.1 Sweden would use the credit method and give him a credit for the Polish tax. If on the other hand Poland is resident state then Poland would exempt any Swedish income from tax provided that tax on that income has been levied in Sweden – study the wording of article 22.2. However, it seems to me that Poland in your example is both resident state and source state when Poland is resident state. Thus , he would not do any work in Sweden.
    If you have further questions now please come up with them on the blog. I will put out your question and my answer there so that everybody can benefit.
    Inger

    • I have a question about your answer: if Sweden is resident state and Poland source state, Sweden will give credit for tax paid in Poland, so far I’m in 😉

      But when does swedens 6 month and 1 year rule apply?
      As he stayed more than 183 days shouldn’t one of them apply?

      • Yes, 6 months rule would apply Provided that he pays tax in Poland wich he will do. So far so good – thus he pays only Polish tax.

        However, since his family remains in Sweden he will probably make frequent visits to Sweden. If you want to apply the six months rule you may not be visiting Sweden for more than 6 Days per months the employment is ongoing or 72 Days during an employment year so if you look at summerholidays, christmas and other holidaysand weekends there could be a risk to exceed the allowed period to be present in Sweden.

        The one year rule would most likely not be applicable since Polish tax law would levy tax on the income.
        Inger

  17. Hi…

    I want to know where the examination hall is? Is it in our campus Västerås or somewhere else near the campus. Please confirm me, I’m so confused. (I’m new in Västerås)

    Thanks 🙂

    • The Exam will take place in Kopparlunden,
      You can find a map over the schools halls and where they are 🙂

  18. Hi,

    This question is for Inger; I’m stuck on a part of the ”ordinary legislative process”. The part is on p.37 in the book starting with ” at this point, an important general rule should be mentioned.” And it’s about art 293. Could you please help me to better understand this scenario?

    And another question about parliament; have they used their power to censure?

    Have a good weekend!

    • Article 293.1 The Council – that means the Member States – may change a proposal from the Commission by acting unanimously.
      Article 293.2 However gives the Commission the right to alter and/or withdraw a proposal during the procedures when the Council and Parliament and adjusting their proposals,. This has been subject to ECJ in case Mål C‑409/13.
      Article 293 and the complex explenation in TC Hartley will not occur on the exam.
      Good Luck Inger

  19. Hi….

    Is it possible to explain abuse model in data protection directive?

    Thanks…

  20. Hi Inger
    For us that could not go to the lecture when you explained about 6month-one year rule. What does that mean?

    • And also, I don’t understand how the worldwide tax works even If I read the power points. Is there any easy way of expelling that?

      • Hi There Anonym,

        what kind of question is this? I have written a full compendium and 62 slides explaning tax law? If you could be a bit more specific and tell me what it is that you don’t understand. It is very simple –

        Is the individual resident under Swedish Law? Is the indiviudal resident under Polish law?
        What does the Doulbe tax treaty say about Residence – article 4?

        Is the income taxable under Swedish Tax Law? Is the income taxable under Polish Law?
        Does exception exist in Domestic Law?
        What does the Doulbe tax Treaty say about the right to tax in article 15?

        Is there a doulbe tax situation? How is it solved under article 22 in the Double tax treaty?

        Inger

        • Hello
          Sorry I think you misunderstood me and my intention was not to upset you according to your answer I take that as a yes that you got upset. What you have to understand that it is hard to explain things specially when English is not the mother language. I get everything, your power point is really good. I just don’t know what the expression ” world wide ” in a tax view means and also ”6month one year rule meant”. I do understand how to use the articles in the right way. But its okey you don’t have to answer.

  21. Hi….

    Is it possible to explain abuse model in data protection directive?

  22. hej inger is double taxing 15.1 always come with art4.2. can it be 4.1 and 15.1 together? in the exam on 14th march 2013 in tax questions you answered in second year 4,2 double residence and then we choose Poland as residence of state since his family is in Poland i do understand that but when it come to tax you said tax only in poland but he still has home in sweden with swedish employer so the employment exercise in poland he must be double tax 15.1 but you answered no its not double . what is the double tax depends on just vital interest ,doesn’t it matter if he still have house in sweden or swedish employer thanx

    • Hi,

      First question: No 4.1 and 15.1 DOES NOT ALWAYS COME TOGETHER!!!! You are not thinking clearly. You have to start with domestic law. If you apply 4.1in the DTT that means that you UNDER DOMESTIC LAW is only resident in one of the States. Then you move to 15.1 in the DTT. If you have a resident state and a source state article 15.1 gives both states the right to tax provided that the exception in 15.2 is not applicable! So you have a double tax situation and apply article 22 to solve the double tax situation. Of course you can have dual residence under both Swedish and Polish law and then decide under article 4.2 which state is the resident state UNDER THE DOUBLE TAX TREATY. THEN OF COURCE ONE OF THE STATES CAN BE A RESIDENT STATE AND THE OTHER STATE THE SOURCE STATE UNDER THE DTT AND YOU APPLY 15.1.

      Second question: I beleive that you refer to question 2 b). First I assume that Sweden is the resident State under DTT and he pays tax only in Sweden since he does not work in Poland so tax in Sweden only.You seems to be OK with that. Then I cannot follow what you mean. In my answer I saý that Sweden in the Source state and he is liable to tax in both states under 15.1. OK? and since Poland is the resident state they will avoid the doulbe tax situation be allowing an exemption for the Swedish income under article 22.2. What problems to you have with that?
      Come back if you dont understand or call me.
      Inger

      • inger thanx for the time and ur answer but you got me wrong first i asked can we say when we have 15,1 means we must have 4,2??am i right? second question u are saying that its is a double tax situation in second year for GEORGE .so why when they ask in part 3 is there any double tax situation in this question you answered no!!

        • NO of cource not – if you have double Residence under domestic Swedish and Polish law you decide under article 4.2 which country is the Residence state under the DTT. Then you move to 15.1 and that article gives both states the right to tax provided that the work is exercised in the state that is not the Resident state under the Treaty – i.e. the Source state. Then you check if 15.2 applies and of cource it does not if you are in the source state for a full year that is more thenh 183 Days.
          There is no double tax since Poland – the resident state under DTT – inte the last situation does not levy tax on the Swedish income
          Inger.
          Inger

  23. HI can you please say which situation on art 263 included treaty of lisbon ? and why?

    • Article 263 is about ECJ annulment of a Community Act – so called Judicial Review, see EU Law main topics 7.2.3

  24. I had the following question in my mail:

    Hej Inger,

    Vill dubbelkolla med dig om jag förstått rätt eller om jag är helt ute och cyklar. Har jag fått allt fel så är jag väldigt tacksam om du rättar mig!

    Gällande EU law,
    Om ett direktiv är tydligt nog och inte har hunnit implementeras i nationell lag innan medlemsstatens deadline (2år) så anses den tack vara Van Gend en Loos fallet vara ”vertical direct effective” och kan därmed användas av individer gentemot medlemsstaten..? Har det och göra med det faktum att en medlemsstat är skyldig att implementera ett direktiv?

    Jag tänker att ett direktiv i så fall ska ”over rule” nationell lag om den nationella lagen inte hunnit ändras i enlighet med direktivet. Eller har det och göra med supremacy of union law?

    Är regulations ”horizontal direct effective” eftersom de direkt blir en del av nationell dag?

    Here is my answer:

    Här kommer ett uttdrag ur mitt PM om EU rätt Main Topics. Som Du ser så har direktiv direct effect om de är klara och entydiga, ovillkorliga samt oberoende av ytteligare åtgärder av MS eller EU.s institutioner. Regulations däremot har direct applicability och behölver i motsats till direktiven inte implementeras i den nationella rätten. Eftersom direktiven skall vara föremål gör EU konform tolkning så har de även en horisontell effekt mellan individer – det som kallas horisontell verkan. Men om direktivet inte är tillräckligt tydligt och klart kan det inte åberopas mellan individer i en nationell domstol. Hoppas att det klarnar nu. Lycka till
    Inger
    4.6.2 Direct effect
    TC Hartley p 209-239 8th edition 209- 239
    The first step towards this supranational side was taken when ECJ in 1962 introduced the concept ”Direct Effect” 26/62 van Gend en Loos.
    Direct effect means that EU law is applicable in national courts in the MS and overrules national law. This applies in the relationship between the MS and the individual (a private person or a company). Observe that a Directive must be Clear and unambiguous, Unconditional and not Depending on Further Action, se TC H p 210-214. 8th edition 210-214
    Vertical effect means between MS and Individuals and horizontal effect between Individuals and Individuals.

    Treaties and the Regulations have direct applicability and the Supremacy of EU law prevails over national law with no limitations, Costa v Enel C6/64.
    Directives are not directly applicable since they need to be implemented into national law of the MS. The MS transfer the directive to its own statutes, normally through the institution that has legislative power (in Sweden the Parliament). Thus, it is not the exact wording of the directive that becomes national law.

    Once implemented the Directive has direct effect in the MS. An Individual may address the national court which shall/may ask for a preliminary ruling from the ECJ (interpretation). The MS has 2 years’ time frame to implement the directive. Once implemented it has direct effect. If a MS fails to implement by the deadline or implements falsely, the directive has direct effect in spite of this.
    4.6.3 Indirect effect
    Indirect effect – the Colson principle TC Hartley p 234-238. 8th edition 235-239

    In this case , 14/83 Von Colson and Kamann v Land Nordrhein-Westfalen the situation was vertical but the Directive gave room for discretion for the MS and thus was deemed not to have direct effect. However the ECJ indicated an important position in the relation between EU and MS in § 28 in the case: Directives must be interpreted in conformity with EU law. This implied that a National Court, being part of the national state, had to pay regard to a Directive applicable for the case and observe the Directive and its objectives but also giving allowance for “what was permitted under national law”. This opened up for a directive also being applicable between individuals, the horizontal direct effect.

    Write me if anyone does not understand the first sentences in Swedish.
    Inger

  25. Hi!
    I don’t really understand the conflicts with the TFEU Treaty (Art 34,35,36,101,102,345) and I got very confused during the lecture with the drawings on the board. I wonder if you maybe here on the blog can explain it a little bit easier , would really appreciate it! 🙂

  26. Hello!

    When will we have the results from the exam?

    Best regards!

  27. Hi

    I thought your were going to publish the solutions this week. I checked on the website today but I didn’t find it. Are you going to upload it today or will there be a delay?

  28. Hej! Reading Instruction for the second exam on 13th March is it the same as 13th January?

  29. Hej!

    I want to know where the examination hall is? Is it in our campus Västerås or somewhere else near the campus?

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