Sentences with phrase «for national courts»

-- the CCC demonstrated that it knew rather little about the relevant rules concerning preliminary ruling procedure, whereby the Commission (and the Member State Governments together with other institutions and also the parties to the case before the referring court) are invited to submit observations (Art. 23 of the CJEU's Statute), no such provision is made for national courts and other institutions.

The ECJ set out some guidelines for the national courts to consider when addressing this issue, namely; the nature of the luxury goods bearing the trade mark and the volumes sold; whether the licensee sold the goods to discount stores that were not part of the selective distribution network regularly or only occasionally; the nature of the goods normally marketed by those discount stores; and the marketing methods normally used in that sector of activity.

The Court's approach appears to be less nuanced than the AG's approach, but may be easier to apply for national courts.

It therefore put the duty of loyal cooperation for national courts of last instance on the table, and made clear that it would — at least in some circumstances — not accept unmotivated refusals to refer questions for an advisory opinion.

This Communication and the Practical Guide which were presented together with the Directive proposal, provide a tool not only for the national courts in proceedings over actions for damages caused by infringements of antitrust rules, but also for the victims preparing this kind of actions.

Once more, the AG argues this is a task for national courts, but he nonetheless points out that a general data retention obligation entails a considerable risk of mass surveillance (§ 256).

While it is again for national courts to evaluate whether the safeguards provided for by national law are sufficient, the AG does not hide his opinion that both the Swedish and the UK regime reveal a number of deficiencies in this respect (§ § 230, 233 and 239).

The authors aptly conclude that «there is a mighty task ahead for national courts» (p. 174).

While examining proportionality stricto sensu he concluded that it would be for national courts to weigh the benefit of «examining the past» with the potential it would provide for authorities to abuse this power by using metadata to catalogue entire populations, noting that evidence of abuses had been put before the Court [AG, 259 - 260].

Regarding the impact of the rule, the Court said that it was for the national court to decide if it affected some beliefs more than others, but it was not inconceivable that they might conclude that it did (paragraph 34).

ECJ, however, did not make the same mistake, and the question of vital security interests in this matter was therefore left for the national Court to determine.

This is a matter for the national court to determine.

On the other hand, if such legislation falls within the scope of European Union law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures» (para. 19).

This division essentially means that it is for the European Court to interpret EU law, whereas it is for the national Court to apply that interpretation to the facts of the case.

On the other hand, if national legislation falls within the scope of EU law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures (see, inter alia, Case C ‑ 617 / 10 Åkerberg Fransson [2013] ECR I ‑ 0000, paragraph 19 and the case - law cited).

Whereas, as the Court points out, it is indeed for the national court to assess whether national law reaches an adequate balance between different interests in line with the definition of occupational requirements discussed above [§ 80], the Court does not clearly assess the implications of the alternative claim in EU law (direct effect) if the national court does not, in the end, manage to reconcile these interests through interpretation.

This is because determining the substantive answer to this gap in the EU law found in Article 50 TEU is irrelevant for the national court to determine the answer to the UK constitutional law question of whether the requirements for withdrawing from the European Union have been fulfilled.

The Court adds that it is for the national court to determine whether such a risk exists taking into account all the relevant information in the file.

Therefore, I would argue for the CJEU not to follow AG Campos on this occasion and rather clarify that (i) technical compliance can not be deferred beyond the award of the contract, regardless of the use of references to branded «or equivalent» products, and (ii) it is for the national court to determine whether the rules on technical specifications and qualitative selection were infringed in the design of the procedure in the case at hand.

it is for the national court, in order to ensure effective judicial protection in the fields covered by EU environmental law, to interpret its national law in a way which, to the fullest extent possible, is consistent with the objectives laid down in Article 9 (3) of the Aarhus Convention.

After all, whether something is beyond reasonable doubt is principally for the national court to decide.

7.5 Does the law of your jurisdiction allow for the national court and / or arbitral tribunal to order security for costs?

With regards to whether this amounted to abuse, the ECJ considered that this was for the national court to determine.

It is for the national court or tribunal to dispose of the case in accordance with the Court's decision, which is similarly binding on other national courts or tribunals before which a similar issue is raised.

Clearly, although the facts are a matter for the national court, the EU Court possibly had doubts about whether the conviction of E met the requirements for expulsion to a non-EU country.

However in the specific circumstances of a case, Roche may be distinguished: whether there is a risk of irreconcilable judgments if those claims were determined separately, is for the national court to determine.

Whether that is the case is a matter for the national court to determine.

Not exact matches

The finance minister has advocated for a national regulator for nearly seven years, undeterred by provincial pigheadedness or even an inconvenient Supreme Court ruling.

The affected websites included those for the United States Courts, the U.K.'s National Health Service (NHS) and Information Commissioner's Office (the British privacy regulator), and the Australian state governments for Victoria and Queensland.

The US District Court for the District of Columbia judge presiding over the criminal case for President Donald Trump's former national security adviser Michael Flynn has been recused from handling the case, a court spokeswoman said on ThurCourt for the District of Columbia judge presiding over the criminal case for President Donald Trump's former national security adviser Michael Flynn has been recused from handling the case, a court spokeswoman said on Thurcourt spokeswoman said on Thursday.

The second is the president's habitual misstatements of facts and statistics that I really think have caused the court to look upon his claims about the national - security imperative for this order with great skepticism.»

Carvin argued unsuccessfully against the ACA at the Supreme Court level on behalf of the National Federation of Independent Business in 2011, and successfully for George Bush in Bush v. Gore during the 2000 election.

The National Center for State Courts discovered that many state courts are giving jurors more liCourts discovered that many state courts are giving jurors more licourts are giving jurors more liberty.

McIntyre England claimed that the shearing device met American safety requirements, but, according to official court documents, it was determined that the machinery «did not meet American National Standard Institute requirements... or the Regulations from the Occupational Safety and Health Administration,» and it did not conform with «the recognized guidelines published by the National Safety Council and the American Society of Mechanical Engineers for protecting machine operators.»

French national Mark Karpeles filed the plea in response to charges of embezzlement and data manipulation at the Tokyo District Court, according to a pool report for foreign journalists.

While the unemployment rate for recent military veterans is higher than the national average, recruiters from plum post-biz school gigs are actively courting many vets who opt for an MBA.

Shannon Minter, a transgender man who is legal director of the San Francisco - based National Center for Lesbian Rights, said many transgender civil - rights gains of recent years are based on federal statutes and court precedents that can not be quickly undone.

«The Republican Senate refuses to hold hearings on [Supreme Court nominee] Judge Garland, refuses to fund the President's request for Zika aid and takes the most days off of any Senate since 1956, but thinks Facebook hearings are a matter of urgent national interest,» Jentleson said.

For tokens, the final arbiter of who possesses what property is not a national court system but an international blockchain.

«The internet metadata collection program authorized by the Fisa court was discontinued in 2011 for operational and resource reasons and has not been restarted,» Shawn Turner, the Obama administration's director of communications for National Intelligence, said in a statement to the Guardian.

The court doesn't doubt — and in fact confirms — that valid reasons for national securities regulation exist.

The five lawsuits to block the Department of Labor's fiduciary rule continued to move forward in July in separate venues, but the Department of Justice strongly defended the rule in a Washington, D.C., federal district court challenging the suit filed by the National Association for Fixed Annuities, or NAFA.

The National Center for Public Policy Research, 501 Capitol Court, N.E., Suite 200, Washington, D.C. 20002, beneficial owner of at least 23 shares of Common Stock, is the proponent of the following shareholder proposal.

He continued to try to coax provinces into voluntarily joining a national regulator, but also began drafting a law allowing Ottawa to regulate some of those broader risks the court mentioned, including murkier corners of capital markets like over-the-counter derivatives, often blamed for the much of the 2008 global credit meltdown.

The judge said in a 91 - page decision that, while the Army Corps substantially complied with the National Environmental Policy Act, federal permits issued for the pipeline violated the law in some respects, saying in a court order the Corps did not «adequately consider the impacts of an oil spill on fishing rights, hunting rights, or environmental justice.»

Meanwhile, the U.S. District Court for the District of Columbia has set Aug. 25 as the date to hear the recent suit against DOL brought by the National Association for Fixed Annuities.

Since the right to fairly priced electricity is not a fundamental constitutional right and because HDL users are not part of a classification that have been subject to governmental discrimination historically, such as race, gender, national origin, etc., the PUD's decision will be allowed to stand unless a court finds that there was no «rational basis» for it.

Meanwhile, the U.S. District Court for the District of Columbia has set August 25 as the date to hear the recent suit against DOL brought by the National Association for Fixed Annuities.

The Department of Justice defended the rule when it filed papers in July in a Washington district court arguing against the case filed by the National Association for Fixed Annuities.

The U.S. District Court for the District of Columbia has set August 25 as the date to hear the recent suit against DOL brought by the National Association for Fixed Annuities.