Sentences with phrase «effet utile»

Anti-suit injunction, arbitral award, arbitration law, Brussels I bis, Brussels I recast, C - 185 / 07, C - 536 / 13, CJEU, Court of Justice, Curia, ECJ, Effet utile, Exceptions, exclusion, Gazprom, Gazprom v Lithuania, Judgments Regulation, Jurisdiction, New York Convention, ordre public, Recognition and enforcement, Regulation 1215/2012, Regulation 44/2001, rich, West Tankers

Implicit in its judgment is the classic effet utile reasoning that a FRAND undertaking would be meaningless if the use of an injunction or product recall would effectively prevent a willing licensee from using the standard.

We, just as AG Wahl in para. 87 of his Opinion, expected the unexpected, as the Court (again) used its «classic» effet utile argument, and solely on this basis came to its conclusion (or in reverse order).

In light of this realisation it seems only logical that the CJEU is still very much worried about effet utile and the cooperation of national courts and administrations.

Now it is clear that it may be difficult in the future to define with sufficient precision the two groups of implementing acts; still, the Advocate General is arguably correct in trying to give normative content to Article 52 (5) of the Charter which maintains its effet utile of providing some sort of judicial protection for Charter principles.

As Advocate General Bobek explained, even though «[t] he first port of call in any interpretative exercise is the text of the provision,» which here would seem to support EFfCI's reading, and although one can not «simply ignore the text and set sail on the foggy sea of effet utile,» in this case the context and purpose of the Cosmetics Regulation confirmed the fact that it was intended to discourage more than just animal testing done with the «intent» of complying with EU rules (AG's Opinion paras 77 - 78).

If the legal basis had been sole Article 217 TFEU, this would have hardly triggered the application of the Protocol, even for the AFSJ acts, which would have led to a loss of the Protocol's effet utile.

In that sense, the Court's approach is grounded in its hallmark effet utile reasoning, by placing emphasis on the need for effectiveness of EU law rather than on deference to national procedural law.