Even though
the AG suggested this approach under the ERTA doctrine and the possible use of Article 216 (1) TFEU as a bridge from «internal to external» competencies (para. 104 of the Opinion), the Court apparently wanted to distinguish between situations where the measures implementing the association agreement aim to create a relationship equal to those between EU Member States and those where this is not the case.
Not exact matches
The
AG's report further
suggests the Troy police department should overhaul its investigative
approach to officer - involved shootings; abstain from prejudging (and publicly announcing) the results of an investigation before it has been completed; make broad efforts to identify and promptly speak with all civilian witnesses; and properly train investiagtors in the evaluation of evidence, as well as reaching out to outside experts when questions arise.
AG Bobek
suggested reducing the
approach developed in Shevill and eDate / Martinez for online defamation to two places: the centre of interest of the injured party, and the place where the publisher of infringing comments is established.
Third, the
AG suggests that constructing the ISDS tribunal under the Dutch - Slovak BIT as a court common to two Member States is similar to the
approach taken by the ECJ towards the Benelux court in Dior.
Yet, the
AG suggest a different
approach, by stressing that it should be «an objective of general interest recognized by the European Union».
Any other
approach which would allow for a further balancing exercise between the different safeguards (as, for instance, the German government
suggested, using the metaphor of «communicating vessels») would, according to the
AG, empty those safeguards of their practical effect (§ § 221 - 227).
On the other hand, if I'm not mistaken,
AG Sharpston
suggested in Zambrano a completely different
approach.
However, while
AG Jääskinen
suggested that «probably only» morbid obesity will have such effects, the CJEU's
approach seems to encompass any type of obesity, provided the disability definition is met.