Sentences with phrase «certain special cases which»

According to the Court, this is supported by an interpretation of the exceptions in light of Article 5 (5), which mandates that exceptions must only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject matter and which do not unreasonably prejudice the legitimate interests of the right older.

Not exact matches

Unconscionable conduct (agrees with NFF that they have not provided protection and support reforms «to provide transparency in the supply chain» and recognise that «certain classes of suppliers... are predisposed to suffering from a special disadvantage...»; misuse of market power (legal framework must «level the balance of market power in negotiations...», «ensure transparency in the transmission of market prices» and «not allow for final market risks to be borne by the primary producer» and provide «transparency of contract processes» - specifically, Canegrowers supports effects test and a process giving ACCC greater power to «regulate anti-competitive behaviour and impose penalties», shifting «the decisions framework from the judicial system to a regulatory system» which would make it more accessible to small producers); collective bargaining (notes limits of Sugar Industry Act (Qld); authorisation and notification approval costly and limited and not a viable alternative - peak bodies should be able to «commence and progress collective bargaining with mills on behalf of their members» and current threshold too restrictive)» competitive neutrality (mixed outcomes - perverse outcomes in the case of natural monopolies - suggest remove «application of competitive neutrality provisions to natural monopoly essential services»)

In addition, in cases in which inclusion really means «mainstreaming» (special education students are «brought into» a regular classroom for certain periods of the day) or when special education professionals focus solely on special education students instead of supporting, and interacting with, all students, individual differences are magnified and social isolation is increased.

In its Judgment of 20 September 2012 in case T ‑ 154 / 10 French Republic vs. European Commission, the General Court of the EU (GC) has established a new test of «bankruptcy - proofness» as an advantage contrary to Article 107 (1) TFEU that may generate a significant shake up in the control of State aid granted (implicitly) to establishments of an industrial and commercial character (EICC, or EPIC in their French acronym)-- ie legal entities governed by public law which have distinct legal personality from the State, financial independence and certain special powers, including the performance of one or more public service tasks.

The judge admitted that the relationship between the priest and the defendants was not like a regular employment contract, but in this case, he opted to look at certain special factors, including the nature and closeness of the relationship between the priest and the defendant, and the connection between the tortious act and the purpose of the relationship / employment / appointment, which was based on the factors outlined below.

These objectives are contained in the Broadcasting Code issued by Ofcom which applies to broadcasters — although special rules apply in certain cases to the BBC.

CCLA recognizes the need for sensitive national security intelligence to remain secret in certain circumstances and we argued for the creation of the now present Special Advocate system — which permits security cleared lawyers to review the case against a Named Individual and communicate with that person and their counsel.

All three cases revolve around the controversial «closed material procedure ``, which allows certain evidence to be kept from the public and sometimes a defendant, and the use of «special advocates» (SA).

Other cases reinforcing this concept include a 2015 decision in Certain Teed Corp. vs. County of Scott, in which a Minnesota tax court rejected the contention that a shingle factory was a special - purpose property; and TD Bank vs. City of Hackensack, a 2015 case in which a New Jersey tax court rejected an argument that a bank branch is a special - purpose property.

Some of these pre-payments are placed into an escrow account (a special holding account from which funds can only be accessed in certain circumstances) so that there is a reserve in case the deal falls through or you, for whatever reason, can't make a payment at some point in the future.