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The European company law

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  1. The invention of television or a succession of discoveries
    1. The discoveries that introduced the invention of television
    2. The birth of the term "television"
    3. From the mechanical television (1925-1931) to the electric television (1932-1945)
  2. Television in the footsteps of players like the radio
    1. The FCC and Congress: state control
    2. The networks: diffusion
    3. U.S. companies: financing
  3. Television and the American public
    1. Television proved to the Americans
    2. The placing of television sets on the market
    3. Programs
  4. Conclusion

Chapter 1 of this paper deals with the concept of an enterprise and the dynamics of competition laws.

Business concept: A business is any entity that is engaged in any economic activity, independent of its legal status.A broader definition of a business concept that extends the scope of the competition rules:

A business is any entity that is engaged in economic activity, independent of its legal status.
Initially, there were some hesitations over this issue as the notion of a business is not explicitly defined in the Treaties. So, the European Court of Justice did face some problems when they tried to define legal, economic and social characteristics of the concept.

The European Court Justice, in 1962, (when it was dealing with the Mannesmann case) decided that there should be a double standard used to identify a company:
- Economic self-organization of production
- And in the legal sphere, organization that is dependent on a corporation

Accountability of the offense and the company:Accountability of the offense is the designation of the person or entity who will bear the consequences of the offense.

Two cases in which problems arose were:
I) Business groups: assessing the margin of autonomy of the subsidiary to which it is alleged
II) Restructuring: location and physical elements that contributed to the achievement of the offense. This is figuring out who the person responsible for the economic exploitation of the company is.

In 2002, the European Court of Justice dealt with the Wuters case and in the process characterized a bar association.

Section 2: Limits to the classification of a company: Economic and Social.In this section, we deal with only the Economical and social limits to the classification of the company -

I)The exercise of an exclusively social function
Exclusively social activities are not economic activities. This excludes the qualifying company (and therefore competition law).

This is a negative definition of the company and is not economical:
In 1993, the European Court of Justice dealt with Poucet and Pistre who were the agencies who were responsible for managing a special social security scheme. When the court dealt with this case, they set the criteria for this aspect of companies:
companies are not agencies for the management of compulsory social security based on a principle of solidarity.

After this came the evolution of subsequent case laws and vague criteria:
Building a way towards a positive definition of economic activities or clarifying the imprecise boundary between economic and social exclusion.

European Court of Justice in 1995 in the process of ruling on the French Federation of Insurance Companies v. Department of Agriculture came to a decision that qualified businesses as a non-profit organization that operates a pension scheme established by law on a voluntary basis and using the principle of capitalization.

The European Court of Justice, in 1999, ruled on a case of the Dutch pension funds. It stated that "a pension fund is responsible for managing a supplementary pension scheme established by a collective agreement between organizations representing employers and workers in a given sector and which affiliation was made compulsory by the government is undertaking pursuant to
s.81 et seq. TEC "
- The principle of solidarity was not listed
- Collective agreement falls within the category of competition laws

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