At least in theory, Article 3 (1) of the Directive was also capable of having direct effect: the provision provided for a certain margin of
discretion for Member States as to the measures taken to implement the obligations of the Directive; however, Member States still were compelled to take into account all employees in their calculations (para 33 - 34).
Not exact matches
The plan administrator has
discretion, however, to establish written conditions and procedures
for the transfer of awards to other persons or entities, provided that such transfers comply with applicable federal and
state securities laws and are not made
for value, other than nominal value or certain transfers to family
members.
State law, which supersedes a town's,
states in the very first paragraph of Section 271 of NY
State Town Law, on planning boards, «The town board of each town is hereby authorized and empowered to appoint a planning board of five
members or seven
members in the
discretion of the board, and shall have the authority to remove any
member of such planning board
for cause and after a public hearing.»
The applicant from an ESO
member state with the best entry
for participation at the incontestable
discretion of the organisers will win a free trip sponsored by ESO (the complete cost of the camp and transportation to the camp).
The Court then made clear that the situation at hand differs significantly with that in Noorzia (case C - 338 / 13), where at stake was an optional rule expressly leaving
Member States the
discretion to determine the minimum age of spouses
for family reunification.
The judgment is to be welcomed
for giving both the EU and its
Member States sufficient policy
discretion on how to mitigate the effects of climate change.
For this wider circle of «other family
members» (as opposed to the narrow circle of family
members set out in Article 2 (2) of the Directive),
Member States enjoy a broader margin of
discretion and do not have to grant an «automatic» right of entry and residence (para 20).
The «Ruta» [2000] 1 Lloyd's Rep 359: Chris acted
for the wages Claimants (not Defendants as
stated in the report) in this action in which David Steel J. declined to follow a supposed rule set out in a number of text books and instead applied the Admiralty Court's wide equitable
discretion so as to accord priority to the claims of unpaid crew
members above the claims of the holders of damage maritime liens.
While Art 14 (1)
states that
member states shall exempt from taxation energy products supplied
for use as aviation fuel other than in private pleasure flying, Art 14 (2) gives
member states the
discretion to apply a refuelling tax
for domestic purposes subject to the tax level being below that set by the Energy Products Directive.
«
For five years she was a
member of the B.C. provincial court, time and time again, when serious criminals — including sex offenders — appeared before her court, she exercised her
discretion to give them a lenient sentence,» the web site
states.
Federal law does make it a crime and authorize indefinite detention or death under military
discretion,
for being a
member of certain terrorist organizations identified in the Authorization
for Use of Military Force (AUMF) since the United
States has declared war on those organizations.
At the Secretary's or Membership Committee's
discretion, she will prepare and mail dues notices and receive dues payments
for out of
state members joining the IDAPT in addition to their
state branch that will be forwarded to the IDAPT Treasurer
for deposit.