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Archives des tags : transport

Analysis of the importance of the exact spelling of surnames in road transport

A name is only valid in its exact spelling whether it is considered as a human identifier or as a sign of the singularity of a family or as a connection with it. Therefore, the judicial defense of its true formulation is almost constant. Moreover, while the computer reveals and …

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The constitutional principle of voluntary action of citizens can justify the granting, without competition, of emergency medical transport services in certain conditions

The question before the Court is yet another confrontation of a national provision linked to health since it concerns whether the emergency and extreme urgency medical transport – and European provisions – belong to public procurement law or internal market law. However the provision at issue – substantially, the requirement …

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Allowing London taxis to drive on bus lanes is not a State aid

London taxis are allowed to drive on bus lanes and do not receive any State aids. In London, only London taxis, subject to strict Regulations, are allowed to drive on bus lanes. The Eventech company that developed a passenger transport service activity in the London area objected to the fines …

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The ECJ shows again its sensitiveness to animal protection during transportation

The request below for a preliminary ruling concerns the interpretation of Regulation 2005 relating to the protection of animals during their transport (EU Council, regul. (EC) No.1/2005, 22 Dec. 2004: OJEU No. L3, 5 Jan. 2005, p. 1 and OJEU ; No. L 336, 20 Dec. 2011, p. 86), in …

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Agreed working time in France in road intercity transport

A bus driver, recruited in 2003 resigned in 2005. He accuses his employer of multiple breaches: non- payment of all hours, of a thirteenth month, of a crew bonus, meal vouchers… the dispute is subject to an interim order, challenged on appeal. The matter is also addressed on the merits …

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Customs debt and EU law

Some would think that there is payment of duties only when placing on the EU market goods coming from a third country. Actually, however, it is more complex in view of the conflicting objectives of customs law (1) and of a formalistic approach of the ECJ (2) that could evolve …

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Rental of an industrial vehicle with driver : the rules applicable in France

The decree of 19 June 2014 (OJRF of 21 June 2014, p. 10240) published the new standard agreements relating to the rental of industrial vehicles with driver, for road freight transport. The text came into effect on 1st July 2014. The principle of a standard agreement in matter of road …

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Is a transport service a single and composite service or is it a set of separate services?

The first issue is most certainly to define the transport service itself. This definition is linked to different types of services that can be considered separately, in a set of services delivered to the same customer, or globally, when inseparable, thus actually forming a single transport service for the application …

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Applicable rules for the transport commission : the ECJ classifies the issue

Article 4, paragraph 4, last sentence, of the Rome Convention on the applicable law to contractual obligations must be interpreted in the sense that the provision applies to transport commission contract only when the principal object of the contract consists in actual transportation of the merchandise involved.

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Last jurisprudence in France about cabotage

The defendant, managing director of a company, rented four vehicles to a non-resident company on the French territory. The transport, ordered by the defendant were carried out under cover (CMR); the defendant was convicted as the commander of illegal cabotage.

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