Sentences with phrase «cases by analogy»

Instead of interpreting the concept of public body in such a broad way as to include DVGW, the Advocate General choose to apply the Bosman, Viking and Laval cases by analogy, arguing that «rules of any other nature aimed at regulating in a collective manner gainful employment, self - employment and the provision of services» should also be extended to the case at hand and the free movement of goods.

Furthermore, the claims arising in the event of the second option shift the facts into the territory of Rottmann and Lounes (discussed further below), as opposed to merely drawing upon these cases by analogy.

Not exact matches

The kind of theology I will be engaged in here, by no means the only kind, could be called heuristic theology; in analogy with some similar activities in the sciences, it «plays» with possibilities in order to find out, to discover, new fruitful ways to interpret the universe.6 In the case of an heuristic theology focused on cosmology, the discovery would be oriented toward «remythologizing» creation as dependent upon God.

One may reply that the analogy between there being no trees and no concreta at all does not hold because in the case of the trees there would always be some «cause» by virtue of which the trees would disappear; there would be a blight or a scourge, they would wither and die, etc..

What is briefly suggested here has to be sure no application to Abraham in case one might think it possible to find out by analogy an appropriate word for Abraham to end with, but it does apply to this extent, that one thereby perceives how necessary it is that Abraham at the last moment must carry himself through, must not silently draw the knife, but must have a word to say, since as the father of faith he has absolute significance in a spiritual sense.

In other pathological cases, insane delusions, for example, or psychopathic obsessions, the source is yet to seek, but by analogy it also should be in subliminal regions which improvements in our methods may yet conceivably put on tap.

But there have been many historical cases in which rules of correspondence were suggested by analogies between observations.

Your analogies are inappropriate, and shown in each case to defeat you by discovery of parallels for exactly the usage you claim to be invalid.

And all of which is a pretty sad digression: the Stadium Wave analogy used by Wyatt is a nonesuch; there are none in the natural world, and only a few far - fetched cases in the world at all based on purposely imitating the stadium wave of fans at sporting events.

But perhaps in a case where the defendant is acquitted, or proven innocent, a takings argument could be run by analogy with the cases dealing with innocent people who suffered loss as a result of police execution of search warrants.

A limitation of the free movement of EU - citizen diplomats would then only be allowed when there is an actual and present danger to their security which therefore can not be guaranteed (with an analogy to its case - law on infringements to free movement by expulsion, which is only allowed if the personal conduct of the EU - citizen forms a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society., cf. the Orfanopoulos - case, par.

65 In the case of such a project, the criteria and conditions laid down in Article 4 (7) of Directive 2000/60 may, in essence, be applied by analogy and, where necessary, mutatis mutandis, as setting the upper limit for restrictions on the project.

Advocate General Trstenjak, however, suggested in her Opinion to extend the reasoning of cases like Bosman, Viking and Laval by analogy.

However, the Court goes on to note that the arrangement curbs imports also, because domestic producers of green electricity might create obstacles to trade as a result of inaction by the Swedish government by analogy to the Angry Farmers case (where the Court found that there was a positive duty to act to ensure the free movement of goods).

The appeal is by «notice in writing of the appeal, setting out the grounds of the appeal» (Family Proceedings Rules 1991 r 8.2 A (2)(a)-RRB-, the rule does not quite say that this is under the Civil Procedure Rules 1998 Pt 52 procedure (even by analogy, and using Pt 52 forms, which are very easy to use: one minus from the case stated procedure which did proceed under Pt 52).

Case summaries give you an edge not only as a way to illustrate the examples for reasoning by analogy, but also to provide a quick overview of a case - by - case organization of the legal princiCase summaries give you an edge not only as a way to illustrate the examples for reasoning by analogy, but also to provide a quick overview of a case - by - case organization of the legal princicase - by - case organization of the legal princicase organization of the legal principle.

Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4

Moreover, since a claim for specific performance may be made immediately after entering into a contract, the application of the six - year time limit by analogy could in some cases result in the claim becoming statute - barred before any need for it had arisen.

In the case of specific performance, it was the absence of correspondence between remedies and between the necessary supporting facts which was regarded as fatal to the application of s 5 by analogy in P&O Nedlloyd.

There is an obvious analogy to follow in a parental authority case, but the enforcement procedure is not made clear by the Convention (or the Quebec interpretation of the Convention), except insofar as it is not the remedy under Article 21.

61 Accordingly, that concept must be interpreted as covering all assistance introduced by the public authorities, whether at national, regional or local level, that can be claimed by an individual who does not have resources sufficient to meet his own basic needs and the needs of his family and who, by reason of that fact, may become a burden on the public finances of the host Member State during his period of residence which could have consequences for the overall level of assistance which may be granted by that State (see, to that effect, Bidar, paragraph 56; Eind, paragraph 29; and Förster, paragraph 48; see also, by analogy, Case C ‑ 578 / 08 Chakroun [2010] ECR I ‑ 1839, paragraph 46, and Kamberaj, paragraph 91).

40 That provision is intended not only to prevent the concurrent application of a number of national legislative systems and the complications which might ensue, but also to ensure that persons covered by Regulation No 883/2004 are not left without social security cover because there is no legislation which is applicable to them (see, by analogy, Case C ‑ 275 / 96 Kuusijärvi [1998] ECR I ‑ 3419, paragraph 28, and Case C ‑ 619 / 11 Dumont de Chassart [2013] ECR, paragraph 38).

55 That condition is based on the idea that the exercise of the right of residence for citizens of the Union can be subordinated to the legitimate interests of the Member States — in the present case, the protection of their public finances (see, by analogy, Case C ‑ 413 / 99 Baumbast and R [2002] ECR I ‑ 7091, paragraph 90; Zhu and Chen, paragraph 32; and Case C ‑ 408 / 03 Commission v Belgium [2006] ECR I ‑ 2647, paragraphs 37 and case, the protection of their public finances (see, by analogy, Case C ‑ 413 / 99 Baumbast and R [2002] ECR I ‑ 7091, paragraph 90; Zhu and Chen, paragraph 32; and Case C ‑ 408 / 03 Commission v Belgium [2006] ECR I ‑ 2647, paragraphs 37 and Case C ‑ 413 / 99 Baumbast and R [2002] ECR I ‑ 7091, paragraph 90; Zhu and Chen, paragraph 32; and Case C ‑ 408 / 03 Commission v Belgium [2006] ECR I ‑ 2647, paragraphs 37 and Case C ‑ 408 / 03 Commission v Belgium [2006] ECR I ‑ 2647, paragraphs 37 and 41).

An analysis producing the result that the court did not have jurisdiction to hear the secretary of state's appeals would take the form: (i) the Social Security Act 1998 (SSA 1998), s 15 provided for an appeal against «any decision of a Commissioner»; (ii) the «decision» in each of the cases was to be found in para 1, dismissing the claimant's appeal; (iii) the secretary of state was not seeking to challenge that decision; (iv) by analogy with Lake v Lake [1955] 2 All ER 538, he had no right to challenge the reasoning on an issue upon which he was unsuccessful — jurisdiction — when the ultimate decision was wholly favourable to him.