Traduction de «Loi Omnibus sur le commerce I » (Français → Anglais) :

It is common practice in international trade for the parties to refer not to the law of one or other state but direct to the rules of an international convention such as the Vienna Convention of 11 April 1980 on contracts for the international sale of goods, to the customs of international trade, to the general principles of law, to the lex mercatoria or to recent private codifications such as the UNIDROIT Principles of International Commercial Contracts.

Following the assessment of all Hungarian replies, the Commission upholds its view that the modified law violates the freedom to provide services (Article 56 TFEU); the freedom of establishment (Article 49 TFEU); Directive 2006/123/EC on services in the internal market (Article 16); the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union (Articles 13, 14, 16 respectively); as well as the Union's legal obligations under international trade law (the General Agreement on Trade in Services – GATS – in the framework of the World Trad ...[+++]e Organisation, WTO).

Having assessed the reply by the Hungarian authorities, the Commission maintains its legal assessment that the law as amended is not compatible with the fundamental internal market freedoms, notably the freedom to provide services (Article 56 TFEU and Article 16 of Directive 2006/123/EC on services in the internal market) and the freedom of establishment (Article 49 TFEU and Articles 9, 10, 13, 14 of Directive 2006/123/EC), but also not compatible with the right of academic freedom, the right to education and the freedom to conduct a business as provided by the Charter of Fundamental Rights of the European Union (Articles 13, 14, 16 respectively), as well as not compatible with the Union's legal obligations under international trade law (the General Agreement ...[+++] on Trade in Services – GATS – in the framework of the World Trade Organisation, WTO).

The schemes (a), (b), (c), (e), (h), (i), (k) and (l) specified above are based on the Foreign Trade (Development and Regulation) Act 1992 (No 22 of 1992) which entered into force on 7 August 1992 (Foreign Trade Act).

This has been carried out via more than 1.000 implementing laws, some of which were "omnibus laws" containing dozens of changes to different pieces of legislation.

The application of provisions of the applicable law designated by the rules of this Regulation should not restrict the free movement of goods and services as regulated by Community instruments, such as Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)