Question: What Is An Undertaking In EU Law?

Should I accept an undertaking?

Undertakings are a fundamental part of the practice of a solicitor and their importance cannot be stated too strongly.

It is essential that they be observed whenever they are given and so should only be given when it is clearly possible for them to be honoured..

What does an undertaking in difficulty mean?

Material scope: Meaning of ‘undertaking in difficulty’ This is the case when deduction of accumulated losses from reserves (and all other elements generally considered as part of the own funds of the company) leads to a negative cumulative amount that exceeds half of the subscribed share capital.

What is general block exemption regulation?

The General Block Exemption Regulation (GBER) contains 26 measures which can be used to provide lawful State Aid without going through the normal notification and approval processes. It was published by the European Commission in 2008 with the aim of consolidating and simplifying existing State Aid regulations.

Why is undertaking dangerous?

Undertaking. Undertaking is bad driving practice. This is when you pass a slower vehicle in front of you on the left rather than the right. When we are learning to drive, we are taught not to undertake, and what’s more, if you are caught undertaking you can be penalised for careless driving.

Which is the safest lane on a motorway?

leftChoose a safe speed and use the left-hand lane of the motorway unless you are overtaking. Check your following distance by the ‘two-second rule’.

Who can give an undertaking?

Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.

How do you provide an undertaking?

Breaking it down into its constituent elements, an undertaking:must be a statement – which can either be oral or in writing but which does not have to include the words “undertake” or “undertaking”;must be made by or on behalf of an individual solicitor or a firm;More items…•Oct 25, 2013

How is EU competition law enforced?

The Commission is the principal enforcer of the EU’s competition rules. … In a system of parallel enforcement, the Commission also ensures that the national competition authorities of the Member States apply EU competition rules in a uniform manner.

What is the penalty for undertaking?

Undertaking recklessly could see you receive a fixed penalty notice (FPN) for careless driving or driving without due care and attention. This usually means three points on your driving licence and a £100 fine, although some police forces may offer a driver education course as an alternative.

What is an undertaking state aid?

An undertaking is an entity in any legal form whatsoever which is engaged in an economic activity. This is the case even if the recipient of aid is a publicly owned company, a non-profit making company or even a charity, so long as it carries on an economic activity in competition with other operators.

How long does a court undertaking last?

6 monthsAn Undertaking will be for a fixed period of time, usually 6 months. Undertakings, when offered by a Respondent, are done so on the basis that no admissions of the allegations are made and no Finding of Fact against a Respondent in relation to allegations is made by the Court.

Is an undertaking legally binding?

An undertaking is a promise to the Court. An undertaking to the Court is as binding as an Order of the Court. For example, where a person gives an undertaking that they will take a certain action, the Court will require that person to take that action as if the Court itself had ordered the person to take the action.

What are the aims of EU competition law?

The main objective of the EU competition rules is to enable the proper functioning of the Union’s internal market as a key driver for the well-being of EU citizens, businesses and society as a whole.

What is another word for undertaking?

SYNONYMS FOR undertaking 2 project, endeavor, job, effort, venture.

Undertakings are a common part of the Court process, and are defined as a legal promise to do, or not do, something. It is a promise to the Court, and if you break it there are ways that it can be enforced.

What is an undertaking?

An undertaking is “a promise given by one party to the Court, frequently of mandatory nature and relating to an obligation to the other party in proceedings.” Undertakings are a legally binding promise which carry severe consequences if breached.

Who enforces EU competition law?

Under this Article, the European Commission is charged with the duty of ensuring the application of Articles 101 and 102 TFEU and of investigating suspected infringements of these Articles. The European Commission and national competition authorities have wide on-site investigation powers.

What is the main purpose of competition law?

A core objective of competition law is to prohibit firms for engaging in conduct which will distort the competitive process and harm competition by, for example, preventing firms from indulging in anti-competitive agreements, preventing firms with a powerful position on a market from abusing their market power, or …

What is an undertaking in difficulty?

The definition of ‘undertaking in difficulty’ includes businesses that: had accumulated losses greater than half of their subscribed share capital (for limited liability companies) or capital (for unlimited liability companies)

What happens if you break an undertaking?

Yes. Breaking an undertaking is ´contempt of court´ and is the same as breaking a court order. Depending on the circumstances, breaking an undertaking can result in imprisonment.

How does an undertaking work?

In some circumstances, it is appropriate to give an ‘undertaking’ to act or not to act in a particular way. An undertaking is a means by which you promise to do something, but it is a legally binding promise and there are consequences in the event that you break it.