Not exact matches
If so, that would clearly violate the
equivalence principle — the
laws of physics are not supposed to change over time.
If the new judicial fees could be considered so high as to clash with the
principles of effectiveness and
equivalence, EU
law would become a useful tool to declare the fees inapplicable.
In a remarkably short judgment the Court starts its considerations from the direct effect and full effectiveness of Article 101 (1) to find that national procedural rules relating to claims based on EU
law must be subject to the
principles of
equivalence and effectiveness.
If he can not do this, because he is restricted to an extunc appreciation, the question arises whether he can rely on his procedural autonomy, or whether the EU -
law principles of effectiveness and
equivalence force him to apply the ex nunc - rule.
The Court held that the procedures under UK
law must comply with the
principles of effectiveness and
equivalence, and the right to an effective remedy.
This wording incorporates two important Community
law principles which are explained further in the same judgment: «It is settled case
law that in the absence of Community rules governing the matter it is for the domestic legal system of each member state to... lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community
law, provided, however, that such rules are not less favourable than those governing similar domestic actions (the
principle of
equivalence) and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community
law (the
principle of effectiveness).»
However, in the case of the third it was necessary to go to the further Commission argument that the EAT decision was incompatible with EC
law (on the
principles of effectiveness and
equivalence).
In particular, the adoption of the
principle of functional
equivalence allows the MLETR to operate without affecting the substantive
law applicable to transferable documents and instruments, and the adoption of the
principle of technology neutrality allows to accommodate the use of all methods and technologies, including distributed ledgers (blockchain).
In fact the
principle of equality and its construction at international
law provides a paradigm on which to base the incorporation of difference within the framework of equality /
equivalence.