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GLOSSARY

Internal market definition

Published by a LexisNexis EU Law expert

What does Internal market mean?

The internal market refers to the area in which the internal frontiers are abolished and the free movement of goods, services, persons and capital is ensured.

The internal market has its origins in the Treaty establishing European Economic Community which aimed at the establishment of a 'common market' and the elimination of trade barriers. The Single European Act of 1986, with the establishment of a 'single market' introduced a greater commitment to merge national markets into one single market. The Treaty of Lisbon prefers the term 'internal market', and lays down the objective of the establishment of an internal market in Article 3(3) TEU.

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R&D agreements—drafting for the EU R&D BER 2023—checklist

R&D agreements—drafting for the EU R&D BER 2023—checklist This Checklist sets out the essential points that should be considered when drafting new Research and Development (R&D) agreements, or updating existing R&D agreements, to assess whether they fall within the EU R&D BER 2023 (Commission Regulation (EU) 2023/1066 on the application of Article 101(3) of the Treaty on the Functioning of the European Union (TFEU) to certain categories of research and development agreements). This Checklist is not intended to be a comprehensive guide to the EU R&D BER 2023 but should be used where a commercial lawyer wants to ensure that an R&D agreement falls within the EU R&D BER 2023 and accompanying Horizontal Guidelines. Introduction to the EU R&D BER 2023 Any agreement which affects trade or restricts competition in the EU may be subject to the prohibition on anti-competitive agreements under Article 101(1) TFEU. However, an agreement will not be prohibited if it: • meets the criteria for exemption under Article 101(3) TFEU, or • benefits from a relevant...

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Why do companies use share schemes?

Why do companies use share schemes? Why not just reward staff with cash? It is often a simpler, less burdensome way to reward and incentivise employees. This Practice Note analyses the advantages and disadvantages of shares schemes as a general concept. For further details on the advantages and disadvantages of each individual type of scheme, see Practice Note: The advantages and disadvantages of each share incentive arrangement. This Practice Note details: • why do companies implement share schemes? • what are the types of share schemes? • the advantages of share schemes (from a company and employee perspective) • the disadvantages of share schemes (from a company and employee perspective), and • use of share schemes Why do companies implement share schemes for their employees? There are numerous reasons why companies choose to implement employee share schemes and many of these depend on the size of the company and its specific objectives. Some common reasons for companies utilising share schemes include, but are not limited to: • recruiting,...

Resale of second-hand software

Resale of second-hand software When commercial software is acquired from a software supplier, a non-exclusive licence is usually all that is obtained. The supplier retains copyright ownership in the code—they permit a transfer or download of the code to the buyer, and, in exchange for a fee, the buyer takes a licence subject to often extensive terms and conditions. Although software is commonly referred to as being ‘bought’ or ‘sold’, the legal basis is (at least for commercial applications) that there is invariably no transfer of ownership. Only a limited right to use is being acquired. This Practice Note considers the legal and commercial issues surrounding whether such licences if no longer required by the licensee can be ‘resold’, ie assigned to a new user. Second-hand software market This Practice Note is concerned with the resale of business software—as opposed to games software; this has different characteristics namely, the incorporation of music, pictures and animation which raise additional copyright issues. Following the ruling by the EU’s Court of Justice...

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Can a company execute a document virtually (using the Mercury method of execution) when executing by affixing a common seal, ie can a signature page be printed out and the common seal affixed and then the page scanned in and e mailed together with a PDF of the final form document?

Can a company execute a document virtually (using the Mercury method of execution) when executing by affixing a common seal, ie can a signature page be printed out and the common seal affixed and then the page scanned in and e mailed together with a PDF of the final form document? This Q&A assumes that • the company is a private company governed by the Companies Act 2006 (CA 2006) • the document in question relates to a general commercial transaction The Mercury Tax case The Mercury Tax case (R (on the application of Mercury Tax Group) v HM Revenue & Customs Commissioners) considered the effectiveness of pre-signed signature pages. In response to that decision, the Law Society produced guidance in 2010 on the execution of documents by virtual means which covers pre-signed signature pages and virtual signings and closings where signature pages are exchanged by email. The guidance suggests good practice in light of the Mercury case and suggests different options for virtual signings/closings. The guidance assumes...

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Commission launches tool to detect and address harmful trade diversion

The European Commission has established a new import surveillance tool to help safeguard the EU internal market from potentially harmful trade diversion resulting from restrictive measures imposed by non-EU trading partners. Commission President Ursula von der Leyen announced the creation of an import surveillance task force on 7 April 2025, which will monitor import trends using an automated dashboard based on customs surveillance data. This mechanism enables the early identification of surges in redirected imports, particularly where increases in volume coincide with price decreases for goods produced within the EU. The task force will incorporate information from EU producers, Member States and sector experts to support proportionate and evidence-based trade defence action, including safeguards, anti-dumping and anti-subsidy measures. The Commission has invited stakeholders to review dashboard results and provide additional intelligence to strengthen market protection efforts.