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Remarks by Rudolf Dolzer

Published online by Cambridge University Press:  28 February 2017

Rudolf Dolzer
Rudolf Dolzer*
Affiliation:
Institute of International Law, University of Bonn
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Abstract

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Type
Recent Trends in International Investment Treaty Law
Information
Proceedings of the ASIL Annual Meeting , Volume 105 , 2011 , pp. 339 - 342
Copyright
Copyright © American Society of International Law 2011

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References

1 Article 207 provides the following:

2. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.

...

6. The exercise of the competences conferred by this Article in the field of the common commercial policy shall not affect the delimitation of competences between the Union and the Member States, and shall not lead to harmonisation of legislative or regulatory provisions of the Member States in so far as the Treaties exclude such harmonisation.

2 On this understanding, see also the decisions of the European Court of Justice in Sanz de Lera and Others, Case C-163/94, 1995 E.C.R. 1-4821, marg. 34. See also Trammer & Mayer, Case C-222/97, 1999 E.C.R. 1-1661, marg. 21 (concerning the same distinction in the context of the freedom of capital movement).