Question

In: Economics

true or false: 34.  In the case DIP SpA v. Commune di Bassano del Grappa, the court...

true or false:

34.  In the case DIP SpA v. Commune di Bassano del Grappa, the court agreed with the German Plaintiff that Italy was engaging in anti-competitive conduct by permitting local politicians to decide if adequate competition existed in their towns and cities

32. A self-executing treaty vests legal rights and remedies in private parties as well as the signatory nations.

Solutions

Expert Solution

34.  The Given statement is true. An excerpt from the original court statement is given below. This proves that the court ruled in favour of the Mayor,

In the light of all the foregoing considerations, the answer to the question referred by the Tribunale Amministrativo Regionale per il Veneto must be that on a proper construction Articles 3(g), 5, 85, 86 and 30 of the Treaty do not preclude rules of a Member State which make the opening of new shops subject to the grant of a licence issued by the mayor on the mandatory opinion of a municipal committee, where the members of that committee appointed or nominated by traders' organizations to give expert advice are in the minority and its opinions must have regard to the public interest, and where the mayor, who holds the power of decision, is obliged to take into account public interest criteria laid down in a commercial development plan drawn up by the municipality.

35. This statement is also true because At a general level, a self-executing treaty is one that may be directly applied in the courts even without a legislative implementation. Once it is ratified, it becomes a valid law


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