Реферат: Билеты для сдачи кандидатского минимума по английскому языку аспирантам специальностей правовед, бухгалтер, экономист, философ

With regard to the EU's Television Broadcasting Directive, the Court has ruled that a television group is domiciled, and thus governed, by the television legislation in the state where the centre of its activities is located [programming etc). This means that the Court identifies all group companies and considers them as a single entity, irrespective of whether or not the broadcasting activities are formally divided among a number of companies across a number of states. In practical terms this means that each subsidiary is seen as a branch, and this makes the Court's decision worthy of note. See also the Court's Decision of 10 September 1996. These judgments (and there arc more) are all identifica­tions to the advantage of the group. But a small number of cases where the identification disadvantaged the group may also be mentioned. The Court has affirmed that legal action may be brought against a parent company in another state where its subsidiary was domiciled, because the Court deemed it to be the parent company which in real terms was conducting its business in another state, using its subsidiary merely as an extension of itself.

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EU European Union

European Business Law Review. September/October, 1998

Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes

Der President 10965 BERLIN

des Bundeskartellamtes

18 December 1998

Minister

Gennadiy Khodirev

Dear Minister,

I am writing today to invite you to our 9^th International Conference on Competition, which will be held on 10 and 11 May 1999 at the Hotel Inter­continental Berlin, the venue of our last conference.

The subject of the 9^th International Conference on Competition is:

Mega-mergers –

I would be very pleased to welcome you to Berlin as a participant at our 9^th International Conference on Competition. As in previous conferences, a simultaneous translation will be in German, English and French.

Yours sincerely,

Wolf

Task III. Conversation on the topic of your thesis

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине

английский язык

(специальность: международное право; европейское право)

билет №7

Task I. Translate from English into Russian in writing using a dictionary. Your time is 45 minutes

Despite Article 5, states, sometimes deliberately, sometimes inadvertently, not infrequently failed to fulfil their Community obligations. Whilst pro­cedures were provided under the Treaty for action by the Commission or by member states before the Court of Justice against states which had 'failed to fulfil their obligations' under Community law (Articles 169 and 170, see Chapter 11), these provisions proved insufficient on their own to secure the effective enforcement of EC law, for a number of reasons.

First, the Commission (or member state) may simply be unaware of breaches of Community law by member states. In a Community of twelve it is not possible for the Commission, with limited resources, effectively to monitor the laws and practices of all member states.

Secondly, although any person may complain to the Commission of suspected infringements of EC law by member states and request the Commission to act under Article 169, and the majority of Article 169 proceedings have been found to result from such complaints, an individual has no power to compel the Commission to act under Article 169. The Commis­sion has a complete discretion in this matter. The enforcement of EC law against member states by Community institutions is a sensitive matter. The Commission may choose not to proceed against insignificant failures. Where the breach is clear, and significant, the Commission can, and often does, achieve compliance-by-negotiation at the preliminary stages of the Article 169 procedure; it will not then be necessary to proceed to the final stage before the Court. Yet Individuals may have suffered damage as a result of member states' prior actions in breach of EC law. They may have paid levies which were wrongfully imposed; or deprived of rights, for example under Directives, which they would have enjoyed had states fulfilled their Community obligations.

Thirdly, even where the Commission proceeds to action before the Court under Article 169 and obtains a judgment under Article 171 that the state has 'failed to fulfil its Community obligations' the Court has no power to impose sanctions to guarantee compliance. The state is simply required to 'take the necessary measures' to comply with the Court's judgment. If the State fails to take the necessary measures the Commission must resort to fresh Article 169 proceedings for the state's failure to comply with the Court's judgment under Article 171.

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EC European Community