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'Reforming the Financial Assistance Provision in the Second Company Law Directive: A Danish Perspective', Søren Friis Hansen, Karsten Engsig Sørensen, Issue 1, pp. 3–23 |
infoSøren Friis Hansen, Karsten Engsig Sørensen, 'Reforming the Financial Assistance Provision in the Second Company Law Directive: A Danish Perspective' (2003) 14 European Business Law Review, Issue 1, pp. 3–23 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086977 | 
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'Soft Law in the Field of EU Competition Policy', Håkon A. Cosma, Richard Whish, Issue 1, pp. 25–56 |
infoHåkon A. Cosma, Richard Whish, 'Soft Law in the Field of EU Competition Policy' (2003) 14 European Business Law Review, Issue 1, pp. 25–56 | | This paper examines the use of soft law in the field of EU competition policy. It recognises the trend towards softer forms of governance and that soft law plays an important role as an information source for individuals and undertakings in the market. The paper investigates the pros and contras of the ever increasingly use of soft law. In addition a classification of the instruments is attempted. The focus is mainly on the European Commission’s use of soft law since it is the major developer and user of these measures. The paper begins with a discussion of the concept of soft law. It also examines the practical and legal effects of these quasi-legal measures. Furthermore the paper shows how individuals and undertakings comply with soft law even though they are not obligated to do so as a matter of law. The paper also discusses soft law’s contribution to the development of legislation. It recognises that these measures play an important role in the development of new competition policy. Furthermore the paper shows that the instances of discretion inherent in the legal framework makes the Commission’s use of soft law possible as well as desirable. It concludes by pointing out that despite its negative features soft law will play an even more central role in the future. Soft law aids the understanding of the complex antitrust rules developed through case law and individual decisions by the European Commission. It makes the system more transparent. The soft law approach combines a flexible regulatory system with enhanced legal certainty. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086978 |
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'Is it Useful – or Even Possible – to Distinguish Primary from Secondary Liabilities arising from Contractual Obligation?', Aurelien Jolly, Issue 1, pp. 57–68 |
infoAurelien Jolly, 'Is it Useful – or Even Possible – to Distinguish Primary from Secondary Liabilities arising from Contractual Obligation?' (2003) 14 European Business Law Review, Issue 1, pp. 57–68 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086979 |
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'Economic Crime and the Challenge of Globalisation', Creon Butler, Issue 1, pp. 69–73 |
infoCreon Butler, 'Economic Crime and the Challenge of Globalisation' (2003) 14 European Business Law Review, Issue 1, pp. 69–73 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086980 |
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'The New German Takeover Act', Frank Wooldridge, Issue 1, pp. 75–84 |
infoFrank Wooldridge, 'The New German Takeover Act' (2003) 14 European Business Law Review, Issue 1, pp. 75–84 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086981 |
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'The SE Company – A New Common European Company from 8 October 2004', Erik Werlauff, Issue 1, pp. 85–103 |
infoErik Werlauff, 'The SE Company – A New Common European Company from 8 October 2004' (2003) 14 European Business Law Review, Issue 1, pp. 85–103 | | With effect from 8 October 2004, it will be possible to establish a European company, a so-called SE, under the SE Regulation, no. 2157/2001 of 8 October 2001 on the statute for a European Company (SE), and directive 2001/86 adopted on the same date and complementing the statute on the involvement of employees. If one were to express in one sentence the need for a common European company, the SE, it would be this: there is a need for a type of company which (A) is as uniform as possible from one member state to the next in order to allow businesses to enter known territory when using a foreign company of this type, and which (B) has the unique feature that the company can change nationality, i.e. it is able to move to another member state without the need to dissolve in the state from which it is moving and to re-establish ab initio in the state to which it is moving. This article discusses the most important features of the regulation and the directive which companies and their advisers now have about two years to study. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: 5086982 |
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ISSUE 2 |
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'EU Blacklisting: The Renaissance of Imperial Power, but on a Global Scale', Torbjörn Andersson, Iain Cameron, Kenneth Nordback, Issue 2, pp. 111–141 |
infoTorbjörn Andersson, Iain Cameron, Kenneth Nordback, 'EU Blacklisting: The Renaissance of Imperial Power, but on a Global Scale' (2003) 14 European Business Law Review, Issue 2, pp. 111–141 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003001 |
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'Anti-suit Injunctions in Support of Arbitration', Louis Flannery, Issue 2, pp. 143–159 |
infoLouis Flannery, 'Anti-suit Injunctions in Support of Arbitration' (2003) 14 European Business Law Review, Issue 2, pp. 143–159 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003002 |
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'European Tax Policy and Characteristics of EU Secondary Tax Law', Kirsten Borgsmidt, Issue 2, pp. 161–181 |
infoKirsten Borgsmidt, 'European Tax Policy and Characteristics of EU Secondary Tax Law' (2003) 14 European Business Law Review, Issue 2, pp. 161–181 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003003 |
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'The European Company on the Level Playing Field of the Community', Sabine Ebert, Issue 2, pp. 183–192 |
infoSabine Ebert, 'The European Company on the Level Playing Field of the Community' (2003) 14 European Business Law Review, Issue 2, pp. 183–192 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003004 |
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'Schneider/Legrand and Tetra Laval/Sidel: Fast Track Towards Merger Reform?', Alessandro Nucara, Issue 2, pp. 193–200 |
infoAlessandro Nucara, 'Schneider/Legrand and Tetra Laval/Sidel: Fast Track Towards Merger Reform?' (2003) 14 European Business Law Review, Issue 2, pp. 193–200 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003005 |
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'The New German Law of Obligations', Markus Krajewski, Issue 2, pp. 201–215 |
infoMarkus Krajewski, 'The New German Law of Obligations' (2003) 14 European Business Law Review, Issue 2, pp. 201–215 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003006 |
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ISSUE 3 |
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'The Political Economy of Basle II', Avinash Persaud, Issue 3, pp. 219–225 |
infoAvinash Persaud, 'The Political Economy of Basle II' (2003) 14 European Business Law Review, Issue 3, pp. 219–225 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003013 |
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'Überseering: Freedom of Establishment of Companies Affirmed', Frank Wooldridge, Issue 3, pp. 227–235 |
infoFrank Wooldridge, 'Überseering: Freedom of Establishment of Companies Affirmed' (2003) 14 European Business Law Review, Issue 3, pp. 227–235 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003014 |
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'Consumer Law, Commercial Law, Private Law: How can the Sales Directive and the Sales Convention be so Similar?', Stefan Grundmann, Issue 3, pp. 237–257 |
infoStefan Grundmann, 'Consumer Law, Commercial Law, Private Law: How can the Sales Directive and the Sales Convention be so Similar?' (2003) 14 European Business Law Review, Issue 3, pp. 237–257 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003015 |
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'The English Courts and ADR – Policy and Practice Since April 1999', Dominic Spenser Underhill, Issue 3, pp. 259–275 |
infoDominic Spenser Underhill, 'The English Courts and ADR – Policy and Practice Since April 1999' (2003) 14 European Business Law Review, Issue 3, pp. 259–275 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003016 |
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'The FSA as an Institutional Model for the Emergence of a Single (Unified) European Financial Services Regulator', Vasiliki AN. Galanopoulou, Issue 3, pp. 277–323 |
infoVasiliki AN. Galanopoulou, 'The FSA as an Institutional Model for the Emergence of a Single (Unified) European Financial Services Regulator' (2003) 14 European Business Law Review, Issue 3, pp. 277–323 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003017 |
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'Challenging The Biotechnology Directive - A Letter from America', Robert N. Weekes, Issue 3, pp. 325–350 |
infoRobert N. Weekes, 'Challenging The Biotechnology Directive - A Letter from America' (2003) 14 European Business Law Review, Issue 3, pp. 325–350 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003018 |
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'Domestic and Foreign Commerce as a Pathfinder for Unification of Commercial Laws of Nation-States in the 20th Century', Arnald J. Kanning, Issue 3, pp. 351–375 |
infoArnald J. Kanning, 'Domestic and Foreign Commerce as a Pathfinder for Unification of Commercial Laws of Nation-States in the 20th Century' (2003) 14 European Business Law Review, Issue 3, pp. 351–375 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003019 |
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'European Private Law: Results, Projects and Hopes', Guido Alpa, Issue 3, pp. 379–403 |
infoGuido Alpa, 'European Private Law: Results, Projects and Hopes' (2003) 14 European Business Law Review, Issue 3, pp. 379–403 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003020 |
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ISSUE 4 |
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'Enhancing the Legal Protection of the European Consumer', Giovanni Aquaro, Issue 4, pp. 405–413 |
infoGiovanni Aquaro, 'Enhancing the Legal Protection of the European Consumer' (2003) 14 European Business Law Review, Issue 4, pp. 405–413 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003021 |
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'Responsibilities Deriving from the Information Document [ID] and the Safeguard of Investors. Differences Between the Italian and German Systems', Giovanna D’Alfonso, Issue 4, pp. 415–427 |
infoGiovanna D’Alfonso, 'Responsibilities Deriving from the Information Document [ID] and the Safeguard of Investors. Differences Between the Italian and German Systems' (2003) 14 European Business Law Review, Issue 4, pp. 415–427 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003022 |
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'The Rights of Notifying Parties and Third Parties During the Preliminary Investigation Procedures under the ECMR', Michael Kekelekis, Issue 4, pp. 429–444 |
infoMichael Kekelekis, 'The Rights of Notifying Parties and Third Parties During the Preliminary Investigation Procedures under the ECMR' (2003) 14 European Business Law Review, Issue 4, pp. 429–444 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003023 |
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'Vote-trading in Corporate America', Ettore Scimemi, Issue 4, pp. 445–465 |
infoEttore Scimemi, 'Vote-trading in Corporate America' (2003) 14 European Business Law Review, Issue 4, pp. 445–465 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003024 |
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'Book review', Andrew Dickinson, Issue 4, pp. 467–468 |
infoAndrew Dickinson, 'Book review' (2003) 14 European Business Law Review, Issue 4, pp. 467–468 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003025 |
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ISSUE 5 |
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'Corporate Governance, Culture and Convergence: Corporations American Style or with a European Touch?', Jeswald W. Salacuse, Issue 5, pp. 471–496 |
infoJeswald W. Salacuse, 'Corporate Governance, Culture and Convergence: Corporations American Style or with a European Touch?' (2003) 14 European Business Law Review, Issue 5, pp. 471–496 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003026 |
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'The Advocate General’s Submissions in Kamer van Koophandel: Further Emphasis on the Right of Establishment', Frank Wooldridge, Issue 5, pp. 497–505 |
infoFrank Wooldridge, 'The Advocate General’s Submissions in Kamer van Koophandel: Further Emphasis on the Right of Establishment' (2003) 14 European Business Law Review, Issue 5, pp. 497–505 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003027 |
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'Free Movement of Pharmaceutical Products: An Overdose of Cheap Drugs?', Jukka Snell, Issue 5, pp. 507–521 |
infoJukka Snell, 'Free Movement of Pharmaceutical Products: An Overdose of Cheap Drugs?' (2003) 14 European Business Law Review, Issue 5, pp. 507–521 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003028 |
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'The Duty of Loyalty Between Shareholders in Respect of the Company’s Decision to Litigate Against Wrongdoing Directors in Germany: Lessons for Britain?', Hans-Christoph Hirt, Issue 5, pp. 523–555 |
infoHans-Christoph Hirt, 'The Duty of Loyalty Between Shareholders in Respect of the Company’s Decision to Litigate Against Wrongdoing Directors in Germany: Lessons for Britain?' (2003) 14 European Business Law Review, Issue 5, pp. 523–555 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003029 |
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'Is the Principle of Proportionality the European Approach?: A Review and Analysis of Trade and Environment Cases before the European Court of Justice', Junko Ueda, Issue 5, pp. 557–593 |
infoJunko Ueda, 'Is the Principle of Proportionality the European Approach?: A Review and Analysis of Trade and Environment Cases before the European Court of Justice' (2003) 14 European Business Law Review, Issue 5, pp. 557–593 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003030 |
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'Legislative Responses in Times of Financial Crisis – New Deal Securities Legislation, Sarbanes-Oxley Act and Their Impact on Future German and EU Regulation', Kai-Alexander Heeren, Oliver Rieckers, Issue 5, pp. 595–628 |
infoKai-Alexander Heeren, Oliver Rieckers, 'Legislative Responses in Times of Financial Crisis – New Deal Securities Legislation, Sarbanes-Oxley Act and Their Impact on Future German and EU Regulation' (2003) 14 European Business Law Review, Issue 5, pp. 595–628 | | The German Federal Government and the High Level Group of Company Law Experts set up by the European Commission have recently published proposals to foster the development of deep and liquid German/European capital markets. The proposed regulation shows remarkable resemblances to the Sarbanes-Oxley Act of 2002 (SOA). By comparing the SOA to the U.S. securities legislation of the New Deal era this article critically reviews the American answer to the recent corporate scandals. The authors doubt that the SOA has the capability of substantially improving the situation. In the long-run it may even cause adverse effects for U.S. capital markets. The future German/European regulatory approach has to avoid any overregulation and should not overstress investor protection, since investor protection should only be seen as a means to an end, i.e. the preservation of deep and liquid capital markets. The legislator should decide, whether it wants to rely primarily on a strong internal corporate governance structure or if it wants to follow a more market-based approach. As the recent U.S. legislation shows, a combination of internal and external corporate governance elements easily runs the risk of leading to inefficient overregulation. Thus, any hybrid approach has to be carefully balanced. Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003031 |
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ISSUE 6 |
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'The Incorporation Theory – The United Kingdom', Dan Prentice, Issue 6, pp. 631–641 |
infoDan Prentice, 'The Incorporation Theory – The United Kingdom' (2003) 14 European Business Law Review, Issue 6, pp. 631–641 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003032 |
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'Tort Liability of Financial Regulators: A Comparative Study of Italian and English Law in a European Context', Filippo Rossi, Issue 6, pp. 643–671 |
infoFilippo Rossi, 'Tort Liability of Financial Regulators: A Comparative Study of Italian and English Law in a European Context' (2003) 14 European Business Law Review, Issue 6, pp. 643–671 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003033 |
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'Pensions Integration in the EU and Tax Harmonisation: The ECJ to the Rescue?', James Hanlon, Issue 6, pp. 673–687 |
infoJames Hanlon, 'Pensions Integration in the EU and Tax Harmonisation: The ECJ to the Rescue?' (2003) 14 European Business Law Review, Issue 6, pp. 673–687 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003034 |
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'The European Judicial Harmonization of Contractual Law: Observations on the German Law Reform and ‘Europeanization’ of the BGB', Giovanna D’Alfonso, Issue 6, pp. 689–726 |
infoGiovanna D’Alfonso, 'The European Judicial Harmonization of Contractual Law: Observations on the German Law Reform and ‘Europeanization’ of the BGB' (2003) 14 European Business Law Review, Issue 6, pp. 689–726 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003035 |
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'Plus Size Fits All? – Why Unitary Standards of Disclosure for Prospectuses under the Draft Prospectus Proposal by the European Commission should be Reconsidered', Hse-Yu Chiu, Issue 6, pp. 727–741 |
infoHse-Yu Chiu, 'Plus Size Fits All? – Why Unitary Standards of Disclosure for Prospectuses under the Draft Prospectus Proposal by the European Commission should be Reconsidered' (2003) 14 European Business Law Review, Issue 6, pp. 727–741 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003036 |
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'Vertical Agreements and Concerted Practices in the Motor Vehicle Sector under EC Competition Law – Implications for European Consumers', Eugene Buttigieg, Issue 6, pp. 743–764 |
infoEugene Buttigieg, 'Vertical Agreements and Concerted Practices in the Motor Vehicle Sector under EC Competition Law – Implications for European Consumers' (2003) 14 European Business Law Review, Issue 6, pp. 743–764 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003037 |
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'Surveillance and Data Protection: Regulatory Approaches in the EU and Member States', Mads Andenas, Stefan Zleptnig, Issue 6, pp. 765–813 |
infoMads Andenas, Stefan Zleptnig, 'Surveillance and Data Protection: Regulatory Approaches in the EU and Member States' (2003) 14 European Business Law Review, Issue 6, pp. 765–813 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003038 |
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'The EC Merger Regulation and the Meaning of “Community Dimension”', Richard Burnley, Issue 6, pp. 815–823 |
infoRichard Burnley, 'The EC Merger Regulation and the Meaning of “Community Dimension”' (2003) 14 European Business Law Review, Issue 6, pp. 815–823 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003039 |
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'Indices 2003', Issue 6, pp. 825–832 |
info'Indices 2003' (2003) 14 European Business Law Review, Issue 6, pp. 825–832 | | Copyright © 2003 Kluwer Law International
All rights reserved ISSN: 0959-6941
ID: EULR2003040 |
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