Hi again..

Late night reflections over today’s lecture:

Today’s subject was more difficult and therefore more difficult to make as fun as the first lecture 🙁 .
The differences between Common Law System and Civil Law System is not as big today as it used to be. Common Law countries have an increasing quantity statutory law and Civil Law countries, especially in EU member countries, an increasing quantity of case law through EU Law.
It is very important that you can identify the different Courts that vi have in Europe, see slide no 93 and you must learn what subject matters ”belongs” to what Court.
It is also important that you learn how to find the different cases. Pick some cases from the book and make sure that you can find them in the database www.curia.org
Study the case C-461/10 and make sure that you understand the procedure from publication of the request for preliminary ruling in the Official Journal of the European Union through Opinion of Advocate General, Judgement of the Court and final publication of the Judgement in the Official Journal of the European Union. It is also important that you understand the relation between the national courts and ECJ when it comes to ”requests for preliminary ruling”.

One more thing before i close down the computer:
I am a little bit disturbed from ”the silent” small talk that is going on, some times, during the lectures. And I can also see that some of you are very disturbed about this. The subject that we are talking about is so difficult and it requires 100% attention from you and from us teachers. I know that it is tough with 4 hours lectures but please……

Be happy 🙂
Best regards,
Krister

29 Responses to “Mälardalen University, Introduction to Commercial Law, Lecture 2”

  1. Great post, tough but learning;)
    Are there any pages that we can to read in preparation till next lecture?

  2. Hello Inger and Krister.

    This seems like a interesting course and you guys seem nice, but i have to admit that I feel a bit lost. We have three books and the first reading plan I’ve seen is only for the lecture tomorrow.

    I was wondering if maybe you guys can make a reading plan for the full course, I work during the weekends and I need to study for another exam aswell, I know that there are other students with the same problem. it would be so much easier to plan and structure our weeks if we had some kind of studying plan, like the one Inger wrote but for the full course. We always get that from the other teachers in the other courses, it would truly help a lot if we got one here as well, specially when we are working with 3 thick books.

    thank you and goodnight

    • Hi
      Well of course you have a very good point in all you are saying.
      You will find more reading instructions on the homepage now and we work hard to get everything out for you as soon as possible.

      Thanks for your information.
      Good night 🙂
      Krister

  3. Hej,

    I have a question concerning the book (I started with foundations of EU Law). There are a lot of informations and I feel a bit lost since I never read such law books. Do we have to remember every detail from the text or just understand the main points and concentrate on your notes? Until now I do not really know how to handle this book. The language is not easy to understand and I need a lot of time to translate the words and understand the text…

    Will there also be power point slides for todays lecture? Would be really great if you could publish them a bit earlier since I want to print them at home.

    Thank you in advance

    • Hi

      You find new slides for today’s lecture at homepage.

      The book about EU law is very difficult to read and understand, especially if you don’t have English as your native language. Unfortunately there is always one problem when you study law for the first time and that is that the text has a lot of new words and the way most Legal Authors write is different compered to other Authors. But it kind of ”comes with the territory”.
      It is difficult to follow KISS (Keep It Simple Stupid) when it comes to law. It is not unusual that you have to read a text three times before you understand it, sometimes more. It is same thing for me and I have to look up words several times too, and same word again and again because i forget 🙁 .
      What I am trying to tell you is that we all share the same problem. No big help but, shared problem is half problem 🙂 .

      Look at the Lecture Slides as the most important parts. Try to explain for your self what the slides means. Read in the book about the key words and expressions you find in the slides to get an explanation regarding the meaning of the words and expressions. All the text in the books beyond the slides is less important in the beginning of the studies. Do not look up and read all the cases that the Author is writing about. Only look up and read the cases that we tell you on the lectures to read.

      We will talk more about this in today’s lecture.

      See you soon,
      Krister

  4. Hey, just wanted to tell that the picture you showed of the world legal system was wrong of Mongolia. It said that Mongolia has customery law system. But it doesnt, Mongolia has Civil law system. The students might have a wrong idea about Mongolia.

    • Hi

      Thanks for the information.
      The map i showed was from Wikipedia and when i read about Mongolia legal system in other sources i can also see that the system in Mongolia is based on civil law system and not on Custom Law system.
      I am sorry for giving wrong information and i will correct it at next lecture.

      Best regards
      Krister

  5. Since we have been talking about tax and a bit about free-trade within the EU I would like to know about Sweden’s status when it comes to alcohol imports.
    As far as I know you are allowed to import it for yourself, but the trader has to be registered and pay Swedish tax. That seems a bit weird for me, since it usually is taxed in the country of origin.
    This might be a subject a lot of students are interested in.
    If you have some minutes to give some ideas about that, I would appreciate it.

    • Hi
      I will discuss the question on one lecture.

      Best regards,
      Krister

    • Hi. Your observation is correct. Under Swedish provisions you may bring alcoholic beverages with you to Sweden provided it is for personal use! You may also order alcoholic beverages on internet but you are obliged to pay tax on the import. However if the goods are transported by the Seller he is liable to the tax if he has indicated that transport is included in the price. However, this issue has been subject to ECJ ruling in the case C 170/04 Rosengren. The court ruled that art 34 TFEU on free movements on goods was applicable on the import and consequently the national court shall not apply the Swedish legislation but EU law. I also want to mention that we will not in this course discuss the four free movements. Hope this clarifies your question. Come back if you want more information. Best regards Inger

  6. Dear teachers,

    In brief , i am facing a lot of difficulties in connecting between the Foundation of EU law and the introduction to commission law Book ”the one we bough from the information desk” , how to read the right articles for the right topics …

    Regards.

    • Hi
      I refer your question to Inger.

      Best regards,
      Krister

    • Hi Mohammed! In TC Hartley’s book Foundation on EU law you find the relevant articles in the text when you read a specific subject. E.g the chapter on the Institutions you find relevant articles under each §. I also refer to articles on the OH becasue it is not always easy to find the right article in TC H text. If you look at the OH from the last lecture on Thursday 15 you find articles indicated from slide 10 and onwards (after the historical and information part on EU). In the Law text Compendium you have two sets of EU law in form of the founding treaties TEU and TFEU. TEU, The Treaty on the European Union (in force 1 nov 1993) has only 50 articles and TFEU, The treaty on the Functioning of the European Union has 358 articles, so if have have missed to indicate the right treaty and it is an article from 51 and onwards you know I refer to TFEU. You may make references in the Compendium from one art to another. So study the articles carefully. Best regards Inger

  7. Hej Inger,

    l think that i t is maybe too much to read for one lecture.Maybe I read to slow because its really hard to understand,but I’m still not finished with reading the pages for the lecture on the 15th but I did a lot reading the last few days…I’m stressed since tomorrow is the next lecture and I thought I finish the reading for the last lecture before tomorrow but I guess I’m not able to.. :/

    • Hi

      I will give you my point of view when it comes to the reading instructions. Don’t see the instructions as a mandatory reading before the lecture. The reading instructions is information what to read for the whole course. I think it is very individual if you want to read before the lecture or if you want to listen first and read after.

      We put out reading instructions because some students asked for them.

      Best regards,
      Krister

    • Hi, we have just put out the reading instructions. I am aware of the fact that the book goes to much in detail so I have limited the pages to read as much as possible. For tomorrow I will first make a summary of Direct and Indirect effect since that is such an important concept in EU law. You find this summary on the home page. The OH for tomorrow should also be on the Home page by now.
      Don’t misstrust. You will be OK. Plenty of time yet to read. Write me an e-mail if you get stuck.
      Best regards
      Inger

      • just as a information for Inger: when you make the power point overheads and you write something at the top (in the blue design wave thing) and we print it out in black and white, you can´t read it anymore.
        So it would be really nice if you write nothing on the blue design thing at the top anymore, so that we can read everything on the OH after printing it out.

        Thank you very much in advance Inger 🙂

  8. No I just said that I wanted to finish the reading for the last lecture before the new one starts,and since it is so much I can’t finish it..i don’t want to read in advance,just catch up with everything

  9. Hello,

    Would it be possible to talk about Turkey and how the EU process is going?
    Whether the country is going to be accepted into EU or not and on what basis? 🙂

  10. I goggled on Turkey accession EU and found the following under Wikipedia. Hope you find it helpful:

    Turkey’s application to accede to the European Union was made on 14 April 1987. Turkey has been an associate member of the European Union (EU) and its predecessors since 1963. After the ten founding members, Turkey was one of the first countries to become a member of the Council of Europe in 1949, and was also a founding member of the Organization for Economic Co-operation and Development (OECD) in 1961 and the Organization for Security and Co-operation in Europe (OSCE) in 1973. The country has also been an associate member of the Western European Union since 1992, and is a part of the ”Western Europe” branch of the Western European and Others Group (WEOG) at the United Nations. Turkey signed a Customs Union agreement with the EU in 1995 and was officially recognised as a candidate for full membership on 12 December 1999, at the Helsinki summit of the European Council. Negotiations were started on 3 October 2005, and the process, should it be in Turkey’s favor, is likely to take at least a decade to complete. The membership bid has become a major controversy of the ongoing enlargement of the European Union. The earliest date that Turkey could enter the EU is 2013, the date when the next financial perspectives (the EU’s six year budgetary perspectives) will come into force. Ankara is currently aiming to comply with EU law by this date, but Brussels has refused to back 2013 as a deadline. In 2006 European Commission President José Manuel Barroso said that the accession process will take at least until 2021. In a visit to Germany on 31 October 2012, Turkish Prime Minister R.T. Erdoğan made clear that Turkey was expecting membership in the Union to be realised by 2023, the 100th Anniversary of the Turkish Republic, implying that they could end membership negotiations if the talks had not yield a positive result by then.

  11. Hi! Just an observation:
    The first page on the Flaminio Costa vs E.N.E.L is still missing.

  12. Dear fellow Students,
    For tomorrow: Get an overview of CISG and try get get a general view of the Articles. The Index in the book is helpful since it refers to specific §§ relating to subject mentioned in the index. I will publish the OH tomorrow before the lecture.
    Best regards Inger

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