Sentences with phrase «afforded by the exceptions»

Whatever the facts of a particular case, however, if there are retirement plan interests and either spouse is under age 59 1/2 counsel may wish to consider taking advantage of the window of opportunity afforded by the exceptions to the penalty tax on premature distributions found in Code § 72 (t).

Not exact matches

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

South Carolina landowners will be afforded the same rights as those in these other states and prevent the adoption of broader exceptions, including the shifting of liability for injuries incurred by trespassers from the trespassers themselves to landowners.

In - house counsel can not be admitted to the bar (with some limited exceptions) and are thus deprived of all rights and privileges attaching to independent lawyers who are members of the Italian bar, including the protection afforded by professional secrecy.

To come within such exception, a defendant must demonstrate that «on balance, a competing public interest outweighs the public interest in encouraging settlement».6 As such, a competing public interest is required to vitiate the prejudice - free arena which is afforded by Pierringer Agreements; and moreover, such public interest must outweigh the benefits of encouraging settlement.