Sentences with phrase «jurisdictional rules»

Next, the referring court enquired about the application of Article 5 (3)'s special jurisdictional rule in the event of infringement of competition law, where that infringement concerns a complex horizontal agreement, spread over a long period of time, and with varying impact in various markets.

The Bar Council, representing the 15,000 practicing barristers in England and Wales, prepared a report noting that EU measures have had a significant beneficial impact on family law including uniform jurisdictional rules for divorce proceedings through Brussels II and maintenance proceedings through the Maintenance Regulation.

Since the design follows universal human behaviour instead of jurisdictional rules, Rechtwijzer is a scalable platform.

State and local jurisdictional rules notwithstanding, the ABA concluded that ghostwriters make no statement of any kind to the tribunal as to the type or degree of legal services provided to the pro se litigant.

There's some dispute over whether normal jurisdictional rules totally stop applying, but one thing which is certainly true is that the Philippines or China could board you (since they would normally have jurisdiction anyway).

The difference between the place of jurisdiction between Article 3 (1) of the Insolvency Regulation and Article 4 of the Brussels I Regulation (recast) on the one hand and the special jurisdictional rule of Article 7 (2) of the latter, as interpreted by the CJEU in eDate / Martinez, on the other, is that Article 7 (2) grants the claimant forum actoris, meaning that jurisdiction is granted on the basis of the location of the claimant (para. 110).

Th e rationale for the ECJ's ruling is that the courts of member states must trust the courts of other member states to apply jurisdictional rules correctly.

Procedural rules generally apply only if a lawyer implicitly guarantees the content of the ghostwritten filing by signing it, unless local or jurisdictional rules state otherwise.

First, he argues that the result of granting parallel jurisdiction to potentially 28 national courts would be irreconcilable with the objective of the Brussels I Regulation (recast) to provide objective and predicable jurisdictional rules (paras 78 - 79).

The Court, construing a similar jurisdictional rule, held that

Developed and delivered curriculum in military / civilian law as well as jurisdictional rules and regulations.

Another case has confirmed the primacy of the Uniform Child Custody Jurisdiction and Enforcement Act («UCCJEA») over local jurisdictional rules that conflict with that statutory scheme.

In particular, it seeks to ensure respect for the fundamental rights of the child as set out in Article 24 of the Charter of Fundamental Rights of the European Union... Each state is expected to interpret the jurisdictional rules in the same way to achieve the object of «mutual trust».

AG Bobek suggests bringing the jurisdictional rules for Internet - based infringements of personality rights closer to the roots of non-contractual liability of the Brussels I Regulation (recast)(and its predecessors).

(This isn't a trick question, but the answer differs depending on issues like the firm's size and the jurisdictional rules.)

Prior to the trial, the family law attorney representing the fathers asked KWIKA founder Michael Kump to represent the fathers in the Court of Appeal in order to challenge a jurisdictional ruling made in the trial court.

In order to properly advise these familiesfamily lawyers must have a firm understanding of private international lawprinciples, jurisdictional rules and the relevant international treaties and conventions.

She even had some love for the arguments of Scott Dodson (Hastings), who filed an amicus brief putting forward his theory that a jurisdictional rule is any rule, regardless of source, that places a case in one court and out of another.

Defendants with no such presence would also be liable to service outside the jurisdiction, with the Court's permission, based on a far broader range of territorial and other connections under CPR r. 6.37 and PD 6B than are presently available under the Recast's jurisdictional rules.

But 3 other justices thought that other aspects of the jurisdictional rules (not least forum non conveniens or better forum elsewhere) would tend to mitigate this where the claimant was relying on an over-remote type of damage.

The court agreed that when a jurisdictional rule is violated, the opposing party need not object because the violation of the rule strips the court of the power to issue a binding decision, regardless of whether an objection is made.

However, the court determined that the rule at issue in this case was not a jurisdictional rule.