Summary. Price indices and prices in the food sector – Annual and monthly statistics – 2018:06
Summary. (1) The EFTA Surveillance Authority (‘ESA’) wishes to inform Norway that, having preliminarily assessed the measures covered by complaints relating to Vygruppen AS and its subsidiary, it has doubts as to whether the measures constitute existing aid and, in case the measures were considered new aid, as to whether the measures are compatible with the functioning of the EEA Agreement. ESA has therefore decided to open a formal investigation procedure pursuant to Articles 4(4) and 13 of Part II of Protocol 3 to the Surveillance and Court Agreement (‘Protocol 3’). This decision is based on the following considerations.
Summary. (1) The EFTA Surveillance Authority (‘the Authority’) wishes to inform the Norwegian authorities that it has concerns that the measures covered by the complaint, and one additional measure, related to streetlight infrastructure in Bergen, might entail state aid, pursuant to Article 61(1) of the EEA Agreement, and has doubts as to the compatibility of the measures with the EEA Agreement. Therefore, the Authority is required to open a formal investigation procedure (1).
Summary. As a consequence to the increased globalization and deregulation of trade restriction which previously ruled within the EU market, new flexible corporate structures have risen within the labour market. The swift development within the corporate structures has occasionally led the rights of the employment to be left in the dark in cases of corporate acquisitions. The reigning directive 2001/23/EG was for that reason put in place in 1977. The directive for corporate acquisitions was supposed to clarify the rights and obligations which follows the transfer of undertakings. In the above mentioned directive it was made clear that transferred employees are protected against both termination and restrictions to the earlier employment conditions. Today's business environment is characterized by constant changes where efficiency and flexibility are a prerequisite for staying competitive on the market. Companies therefore increasingly choose to focus on the core business and to delegate to external parties the services that do not form a major part of the company. Which is the fundamental of outsourcing. Outsourcing is an increasingly common mission model that can be found in most major, but also smaller companies. The activities that are common outsourcing objects are characterized by being part of the company's service functions such as restaurant, cleaning or tech. The directive's application for outsourcing has been more difficult for the European Court of Justice to interpret than traditional transfers, as outsourcing situations are more complex and therefor in the border area with the applicability of the Directive. One reason for this is that both the employer's commercial interests and employee protection need to be taken into account when assessing the applicability of the Directive. The European union has in this case said that an overall assessment is based on the Spijkers criteria that define what constitutes an economic entity with a preserved identity. The transfer shall also be deemed lawful by the fact that a contractual context has occurred within the transfer and that the employer has transferred to the acquirer. If a transfer fulfills the requirements for the Directive to be applicable, it may further be discussed how such a transfer affects the collectively agreed terms of both the acquirer and the transferor. The question is interesting in that Swedish collective law carries out a large part of the country's regulated terms of employment. The le...
Summary. Due to the recent price developments in the construction and civil engineer- ing industry, which have affected Swedish contracts, the application of AB 04 Chapter 6 Section 3 has been brought to attention. This provision ad- dresses under which circumstances cost changes can lead to adjustments of the agreed price. It is closely related to a clause introduced during the oil crisis in the 1970s. There is limited established practice around this provi- sion, except for a ruling from the Court of Appeal for Skåne and Blekinge on April 17, 1978, in case no. T 188/76. The lack of established practice leads to many interpretative questions related to the provision. This thesis carefully analyzes the different elements of AB 04 Chapter 6 Section 3 to clarify how it should be interpreted in today's market conditions. By consid- ering both conventional and unconventional legal sources, this thesis aims to provide a deeper understanding of how AB 04 Chapter 6 Section 3 can be interpreted and applied, taking into account the various interests that parties in construction contracts represent. The thesis continuously explores analytical methods to interpret AB 04 Chapter 6 Section 3. Since the provision contains several elements that are open to interpretation, a thorough analysis is necessary to clarify in which cases the provision is applicable. Some elements have been more difficult to interpret than others. This is especially true for the elements of abnormal price change, unforeseeability, and significance. They are designed in such a way that it is not possible to conclude that the elements can be considered to have a specific concrete meaning. The thesis examines different opinions in the construction industry. Documents written by various actors in the con- struction industry are used as a basis to identify which issues are relevant in the current market situation and to gather arguments for and against differ- ent ways of applying AB 04 Chapter 6 Section 3. Doctrine and dispositive law also play a central role throughout the thesis analysis. The analysis of the thesis has led to the conclusion that AB 04 Chapter 6 Section 3 contains several conditions that require a comprehensive assess- ment of the circumstances in each individual case. It is difficult to generally comment on the use of the provision at an abstract level due to the complex- ity surrounding foreseeability, significance, and reasonableness. The com- plicated structure of the provision and its s...
Summary. For the above-mentioned reasons, the Authority questions the compatibility of the proposed scheme with the EEA Agreement. In the EEA aid towards transport of raw materials or interme- diate products can normally only be granted in the outermost regions of the EU. However, it can be considered whether trans- port aid for these products can be granted in the case of schemes limited to least populated regions.
Summary. I have always had a weakness for foreign affairs.
Summary. In construction contracts, liquidated damages are common as part of agreements between the parties. They are often introduced as conditions for adhering to times, quality and working environment. The function of the liquidated damages is to agree in advance on a penalty for breach of contract. The advantage for the employer is that the amount does not need to be proven as in the case of a claim for damages, and damage does not have to have occurred. For the contractor, the advantage of liquidated damages is that the indemnity for breach of contract can be calculated in advance and make risks easier to calculate. There are also risks associated with liquidated damages when the legal position is examined. In the event of damage, the liquidated damages may lead to a limited indemnity for damages, but in other cases does not exclude being combined with indemnity. What applies is decided on a case-by-case basis by interpreting the agreement between the parties and an in dubio principle does not exist. The liquidated damages can be adjusted according to Contract Act Section 36 (36
Summary. Om publikationen Denna vägledning gäller personalvaccinationer som smittförebyggande åtgärd, med fokus på rutiner för verksamheter inom vård och omsorg med vårdtagarnära arbete. Vägledningen tar inte upp arbetsmiljörisker för arbetstagare eller praktikstudenter inom mikrobiologisk verksamhet, såvida arbetet inte utförs utlokaliserat till vårdenhet där patienter omhändertas. Publikationen syftar till att ge verksamhetsansvariga inom vård och omsorg en vägledning i de riskbedömningar som utgör grund för bedömningen av vilka vaccinationer som är lämpliga för olika personalgrupper. Det kan handla om uppdatering eller komplettering av det vaccinationsskydd som erbjuds enligt nationella vaccinationsprogram och rekommendationer, eller om andra vaccinationer. Vägledningen har tagits fram av medarbetare vid avdelningen för smittskydd och hälsoskydd (se bilaga). Slutversionen har godkänts av enhetschefen Xxxx Xxxx och avdelningscheferna Xxxxxx Xxxxxxxxx och Xxxxxx Xxxxxxx. Folkhälsomyndigheten Xxxx Xxxx Enhetschef Enheten för vaccinationsprogram Olika perspektiv på vaccinationer för personal Enligt smittskyddslagen (2004:168), SmL, ska myndigheter inom smittskyddet, andra berörda myndigheter, läkare samt annan hälso- och sjukvårdspersonal samverka för att förebygga och begränsa utbrott eller spridning av smittsamma sjukdomar. Lagen anger även att Folkhälsomyndigheten ansvarar för samordning av smittskyddsarbetet på nationell nivå medan smittskyddsläkarna har motsvarande samordningsansvar inom respektive region.