Sentences with phrase «because under requirement»

To summarise: (1) The UKSC in the (R) Miller appeal will not be obliged under Article 267 TFEU to refer the question to the CJEU of whether revocation of an Article 50 TEU notice is possible because under requirement (i) of the CILFIT test this question is not relevant to determine the case;

Not exact matches

Unilever, for example, filed a suit against Hampton Creek last year claiming false advertising and unfair competition because Hampton Creek's Just Mayo doesn't contain eggs — a requirement under the current standard of identity for mayonnaise.

In any event, the point isn't whether the requirement to complete the long - form census form violates the charter, I don't think it does because it's probably either a violation «in accordance with the principles of fundamental justice» (under section 7) or a violation which is «reasonable and demonstrably justifiable in a free and democratic society» (the test under section 1), but that it does nevertheless violate the right to privacy which is one of our fundamental rights.

Additionally, the report cites criticism that the definition is under - inclusive because sophisticated investors who do not meet earnings requirements may not qualify.

This is particularly true if you have come to Canada with a work permit granted under the International Experience Class or some other type of open work permit because the requirements to remain working in Canada will often be drastically different than when you first applied.

(A decision for same - sex marriage by a state could as in the case of Massachusetts, preempts the debate in that state, but it is less far - reaching because it leaves other states to arrive at a different conclusion — unless, as some same - sex - marriage proponents have claimed, other states are required to recognize such marriages under the Constitution's requirement of giving «full faith and credit» to other states» proceedings.)

Just because it is a requirement to have this covered under the insurance plan, doesn't mean there is a gun pointed at your head making you take it.

Now we're talking jstarr, Wenger has done an amazing job and the financial shackles are now off, Wenger plays the waiting game in most windows because he knows the huge clubs are under constant pressure to bring in marquee signings and he knows that world class players become surplus to requirements (ozil and Sanchez springs to mind) some fans say we shouldn't settle for rejects!

Time for some brutal honesty... this team, as it stands, is in no better position to compete next season than they were 12 months ago, minus the fact that some fans have been easily snowed by the acquisition of Lacazette, the free transfer LB and the release of Sanogo... if you look at the facts carefully you will see a team that still has far more questions than answers... to better show what I mean by this statement I will briefly discuss the current state of affairs on a position - by - position basis... in goal we have 4 potential candidates, but in reality we have only 1 option with any real future and somehow he's the only one we have actively tried to get rid of for years because he and his father were a little too involved on social media and he got caught smoking (funny how people still defend Wiltshire under the same and far worse circumstances)... you would think we would want to keep any goaltender that Juventus had interest in, as they seem to have a pretty good history when it comes to that position... as far as the defenders on our current roster there are only a few individuals whom have the skill and / or youth worthy of our time and / or investment, as such we should get rid of anyone who doesn't meet those simple requirements, which means we should get rid of DeBouchy, Gibbs, Gabriel, Mertz and loan out Chambers to see if last seasons foray with Middlesborough was an anomaly or a prediction of things to come... some fans have lamented wildly about the return of Mertz to the starting lineup due to his FA Cup performance but these sort of pie in the sky meanderings are indicative of what's wrong with this club and it's wishy - washy fan - base... in addition to these moves the club should aggressively pursue the acquisition of dominant and mobile CB to stabilize an all too fragile defensive group that has self - destructed on numerous occasions over the past 5 seasons... moving forward and building on our need to re-establish our once dominant presence throughout the middle of the park we need to target a CDM then do whatever it takes to get that player into the fold without any of the usual nickel and diming we have become famous for (this kind of ruthless haggling has cost us numerous special players and certainly can't help make the player in question feel good about the way their future potential employer feels about them)... in order for us to become dominant again we need to be strong up the middle again from Goalkeeper to CB to DM to ACM to striker, like we did in our most glorious years before and during Wenger's reign... with this in mind, if we want Ozil to be that dominant attacking midfielder we can't keep leaving him exposed to constant ridicule about his lack of defensive prowess and provide him with the proper players in the final third... he was never a good defensive player in Real or with the German National squad and they certainly didn't suffer as a result of his presence on the pitch... as for the rest of the midfield the blame falls squarely in the hands of Wenger and Gazidis, the fact that Ramsey, Ox, Sanchez and even Ozil were allowed to regularly start when none of the aforementioned had more than a year left under contract is criminal for a club of this size and financial might... the fact that we could find money for Walcott and Xhaka, who weren't even guaranteed starters, means that our whole business model needs a complete overhaul... for me it's time to get rid of some serious deadweight, even if it means selling them below what you believe their market value is just to simply right this ship and change the stagnant culture that currently exists... this means saying goodbye to Wiltshire, Elneny, Carzola, Walcott and Ramsey... everyone, minus Elneny, have spent just as much time on the training table as on the field of play, which would be manageable if they weren't so inconsistent from a performance standpoint (excluding Carzola, who is like the recent version of Rosicky — too bad, both will be deeply missed)... in their places we need to bring in some proven performers with no history of injuries... up front, although I do like the possibilities that a player like Lacazette presents, the fact that we had to wait so many years to acquire some true quality at the striker position falls once again squarely at the feet of Wenger... this issue highlights the ultimate scam being perpetrated by this club since the arrival of Kroenke: pretend your a small market club when it comes to making purchases but milk your fans like a big market club when it comes to ticket prices and merchandising... I believe the reason why Wenger hasn't pursued someone of Henry's quality, minus a fairly inexpensive RVP, was that he knew that they would demand players of a similar ilk to be brought on board and that wasn't possible when the business model was that of a «selling» club... does it really make sense that we could only make a cheeky bid for Suarez, or that we couldn't get Higuain over the line when he was being offered up for half the price he eventually went to Juve for, or that we've only paid any interest to strikers who were clearly not going to press their current teams to let them go to Arsenal like Benzema or Cavani... just part of the facade that finally came crashing down when Sanchez finally called their bluff... the fact remains that no one wants to win more than Sanchez, including Wenger, and although I don't agree with everything that he has done off the field, I would much rather have Alexis front and center than a manager who has clearly bought into the Kroenke model in large part due to the fact that his enormous ego suggests that only he could accomplish great things without breaking the bank... unfortunately that isn't possible anymore as the game has changed quite dramatically in the last 15 years, which has left a largely complacent and complicit Wenger on the outside looking in... so don't blame those players who demanded more and were left wanting... don't blame those fans who have tried desperately to raise awareness for several years when cracks began to appear... place the blame at the feet of those who were well aware all along of the potential pitfalls of just such a plan but continued to follow it even when it was no longer a financial necessity, like it ever really was...

Lead author Sara Chrisman of the Harborview Injury Prevention and Research Center in Seattle, Washington, viewed the finding that concussion education requirements for coaches under the state's first - in - the - nation «Lystedt Law» were being closely followed by public high schools in Washington State as «very encouraging but not surprising,» noting that schools had an incentive to follow the law because it provides legal immunity from litigation for schools that follow it correctly.

The CPSC exempts sleepwear for younger babies (sizes under 9 months) from this requirement because infants aren't mobile enough to expose themselves to sources of fire.

That's because under a provision enacted in this year's state budget, independent expenditure committees» disclosure requirements were increased, resulting in a more expansive database.

Thus, without deciding the issue of whether the interim provisional ballots (or those provisional ballots available under section 115.427.3's exception to the Photo - ID Requirement) are available only for federal or statewide elections and primaries, the Court holds that the transitional provisions of section 115.427.13 must be struck down together with the permanent provisions of SB 1014's Photo - ID Requirement because the former is not severable from the latter.

Under existing rules, investigators do not have to meet the 50 percent requirement, even though they receive higher compensation than other TSA employees because they are considered law enforcement officers.

In fact GASB 45 is a recent accounting requirement put in place because private sector employers routinely under funded and misstated their own pension and health insurance obligations.

For 2013 health care spending growth is projected to remain under 4 percent because of the sluggish economic recovery, continued increases in cost - sharing requirements for the privately insured, and slow growth for Medicare and Medicaid spending.

To meet the Fitness Australia requirements, every two years you must complete 20 CEC (continuing education credits) to stay in the game, which is great because there are so many different courses that fall under the umbrella.

State efforts at carrying out requirements to test English - language learners under the No Child Left Behind Act are receiving increased scrutiny, as hundreds of schools across the country fail to meet goals for adequate yearly progress at least in part because of such students» scores.

Two well - known commercial reading programs, which have been adopted by some of the nation's largest school districts and have met the strict requirements for research - based programs under the federal Reading First initiative, failed to earn ratings from the What Works Clearinghouse because they do not have any studies that satisfy the agency's rigorous evidence standards.

[REF] Because Arizona's law is a departure from the federal requirement of one uniform state test, Washington's reaction to the legislation may be an indicator of the federal government's interpretation of flexibility under ESSA.

However, states and the U.S. Department of Education must together confront substantial implementation problems in this area, because the new requirements are fraught with technical complications, will lead to dramatic increases in the number of schools identified as failing, set improvement targets that many see as unrealistic, and are no more grounded in research or experience than the standards set by most states under the old law.

Also, because of the anticipated approval of a waiver from requirements under the federal No Child Left Behind law, schools and districts won't be judged as failing to meet adequate yearly progress this year, Johnson said.

However, because those efforts were unsuccessful, and your legislature is not scheduled to reconvene until January 2015, I can not extend Washington's authority to implement ESEA flexibility, and Washington and its LEAs must resume implementing the requirements of Title I of the ESEA, as amended by the No Child Left Behind Act of 2001 (NCLB), as well as all other ESEA requirements that were waived under ESEA flexibility, for the 2014 — 2015 school year.

Because of the loss of the waiver, as many as 1,600 Oklahoma public schools now are considered to be underperforming under No Child Left Behind accountability requirements, state officials said.

Because most states have made significant progress toward completing their draft plans under the original guidance, the new template with fewer detailed requirements should not be overly burdensome to states.

Education officials cancelled the July test in part because state lawmakers were considering whether to continue using the test as a graduate requirement even though it is not aligned with material being taught under new Common Core standards.

An investigation by the Department's Office of Aviation Enforcement and Proceedings («Enforcement Office») revealed that prior to January 26, 2012, Voyager Travel advertised air tour packages in a manner that did not meet Department requirements under Part 399 because the advertisements failed to include all fuel surcharges in the prices advertised, failed to state that the prices were subject to post purchase price increases, and failed to provide appropriate notice of the existence, nature, and amount of other charges and additional taxes and government - imposed fees that were then permitted to be stated separately from the base fare.

-- An employer, public accommodation, or other entity covered under this Act shall not be excused from compliance with the requirements of this Act because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section.

(2) In a case where the split failed to reconfirm because the substitution criteria were not met and the split specimen creatinine concentration was equal to or greater than 2mg / dL but less than or equal to 5mg / dL, as the MRO, you must, in addition to step in (b)(1) of this paragraph, direct the DER to ensure the immediate collection of another specimen from the employee under direct observation, with no notice given to the employee of this collection requirement until immediately before the collection.

If you are able to buy a property under market value (usually because it needs substantial rehab work), once you do the rehab work (and I don't mean «you» personally — you'd actually need to have it done by a licensed contractor under the terms of a 203k loan), you potentially get not only higher rents, but also the option to refinance the mortgage after the rehab is done (and once you've satisfied any owner - occupancy or seasoning requirements from the lender), which can be especially useful if you want to purchase additional rental properties (something sometimes referred to as the «BRRR method», for «Buy, Rehab, Rent, Refinance).

In this scenario, the taxpayers DO qualify for the exclusion, because the spouse who's under age 55 received the income as a result of being a beneficiary of someone who met the «over age 55» requirements for the exclusion.

Under the suitability requirement, this isn't necessarily the case, because as long as the investment is suitable for the client, it can be purchased for the client.

The SEC created this new rule because open - ended mutual funds are not currently subject to requirements under federal securities law that requires them to manage their liquidity risk.

If the borrower indicates a preference for a short sale or, more generally, not to retain the property, the servicer may not stop collecting documents and information from the borrower pertaining to available home retention options solely because the borrower has indicated such a preference, but the servicer may stop collecting such documents and information once the servicer receives information confirming that the borrower has an applicable hardship under requirements established by the owner or assignee, such as military Permanent Change of Station orders or employment transfer.

Because older pets often have different nutritional requirements, these special foods can help keep your pet's weight under control and reduce consumption of nutrients that are risk factors for the development of diseases, as well as organ - or age - related changes.

And they are under a court order to do so because they had poor legal representation when they were sued by nativist groups and they have done virtually nothing to meet the requirements of the court's ruling.

Even if you come right under the $ 15,000 annual spending requirement the elevated 12 -6-3 tiered purchase rewards can also justify paying the $ 95 annual fee because your additional points can help you earn rewards nights sooner.

The Fairmont card does too, but I put it under «annual spend bonus», because it has a spend requirement to get that benefit.

A number of towns and cities, primarily in the Central Valley, are only now installing water meters in residences — and only because they have to do so under state requirements adopted a decade ago.

In very general terms, this is because the agreement does not legally bind the US to any new commitments that it does not already perform under the UNFCCC (an international climate treaty signed and ratified by the US in 1992), such as fulfilling requirements to monitor and report on GHG emissions.

Under this EPA regulation, no new coal - fired power plants can be built in the United States, because not even the most advanced coal - fired power plants can meet this requirement without CCS... and CCS is not a viable technology.

Because each battery is under 100Wh it meets the safety requirements of most airlines; for the first time ever you can take your e-assist bike with you anywhere you travel!

Just because home energy efficiency requirements have increased and builders have gone under doesn't mean one caused the other.

In conclusion the FCA upheld the Judge's conclusion that the patent claims fail the requirement for product specificity because they do not make specific reference to the medicinal ingredient rilpirivine, but only the broad class of compounds, but the FCA did so under section 4 (2)(a) rather than 4 (2)(b).

(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

Thus, it is not because the national courts — even Constitutional Courts — interpret national provisions in a manner deemed to satisfy the requirements of a directive, that a Member State is exempted from its obligation under EU law to transpose a directive.

It contended that the contract, in particular cl 13, did not comply with the requirements of rr 4 and 9 of the Regulations, or with the principle of transparency under EC law, and in particular Council Directive (EC) 2004/18 (which the Regulations sought to implement) because of the scope of the right it gave the LSC unilaterally to amend the contract.

The plaintiffs could not assert a claim under the CPA because their complaint failed to state that they had sent demand letters to the defendants, a requirement of the CPA.

... We affirm because the requirement that prenuptial agreements be in writing under California law is a statute of frauds provision, and to satisfy the statute of frauds, a writing must state with reasonable certainty what the terms and conditions of the contract are.

This female (and all females and males under 5» 10») has experienced adverse differential treatment because the height requirement imposed by the employer limits who can interview for the job.