The Legal Research Society

Although term start is still a few weeks away, the Legal Research Society kick starts this academic year with a presentation by founding member J ustin Borg Barthet titled “ How Corporate Europe was Built in Kirchberg: An overview of AG Maduro's Opinion in Cartesio ". The presentation will take place on Monday August 25 (sorry for the short notice) at 14.00 in Taylor Building room C16. Here is the abstract: This presentation addresses the opinion of Advocate General Maduro (ECJ) in Case C‑210/06 Cartesio Oktató és Szolgáltató bt . The case concerns the refusal of the Hungarian courts to allow a Hungarian limited partnership to transfer its operational headquarters to Italy while remaining incorporated under Hungarian law. In keeping with the flow of liberalisation that began with the ECJ's judgment in Centros , AG Maduro finds that the Hungarian law at issue constitutes an unjustified restriction on freedom of establishment as provided in Articles 43 and 48 of the EC...

An article by our very own and founding member of LRS Justin Borg Barthet has been accepted for publication by I nternational and Comparative Law Quarterly and is now available through their website and the library. The article, titled Online Gambling and the Further Displacement of State Regulation: A Note on PMU v Zeturf , deals with the quagmire that legal regulation of online gambling has turned into in light of the recent judgement G IE Pari Mutuel Urbain (PMU) v Zeturf Ltd by the Cour de Cassation in Paris. Abstract: Online gambling constitutes a service for the purposes of the freedom to provide services in the EC Treaty. However, Member States may limit that freedom in order to protect societal norms. This regulatory latitude causes significant uncertainty. This paper analyses recent litigation in which the highest courts of two Member States considered the limits to the freedom to provide services, jurisdiction and recognition and enforcement of judgments, and the in...