Sentences with phrase «national courts in»

National courts in the EU face three kinds of challenge in dealing with competition law: - the factual and often legal complexity of many cases — the need to understand often detailed economic and other evidence is routine in most competition cases; - an official policy of encouraging more claimants to come forward and assert their rights; and - the «astonishing diversity» of procedures across the EU for enforcing competition law claims.

- National courts in the EU (as state bodies) must ensure that the EU law rights of individuals are properly protected (see R v Secretary of State for Transport, ex p Factortame Ltd (No 2): C - 213 / 89 [1990] ECR I - 2433, [1991] 1 All ER 70).

For example, ALI's current «Restatement of the Foreign Relations Law of the US» has been cited not only by US courts (including the US Supreme Court), but also by an impressive range of foreign and international courts and tribunals — including the ICJ, the international Centre for the Settlement of Investment Disputes («ICSID»), and UNCITRAL, as well as national courts in Canada, the UK, and Australia, among other countries.

3.3 What is the approach of the national courts in your jurisdiction towards a party who commences court proceedings in apparent breach of an arbitration agreement?

11.3 What is the approach of the national courts in your jurisdiction towards the recognition and enforcement of arbitration awards in practice?

Intervention by national courts in the arbitral process should be minimal, and the court should not intervene except as expressly provided by the 1996 Act (section 1 (c)-RRB-.

14.4 What is the approach of the national courts in your jurisdiction towards the defence of state immunity regarding jurisdiction and execution?

This means that intra-EU investment arbitration can survive only to the extent that (i) arbitrators are willing to disregard the implications of EU law incompatibility on their jurisdiction, (ii) arbitration is seated and awards enforced outside the EU, and (iii) national courts in non-EU jurisdictions are willing to defy the CJEU's ruling.

However, it is in open contradiction with the following finding of the CJEU in the same Judgment: «[c] lear and sufficient consumer information is important where the trader wishes to ensure that consumers can identify a prize and assess its nature» (para 53) and, therefore «[l] ike every other item of information provided by a trader to a consumer, information on the substance of the prize must be examined and assessed by the national courts in the light of recitals 18 and 19 in the preamble to the -LCB- Dir 2005 / 29 / EC], and of Article 5 (2)(b) of the directive.

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.

In X, the divergence takes place only between a national lower court and the national supreme court of a Member State whereas in Ferreira da Silva there is a large degree of uncertainty among national courts in general.

Various sources compile decisions of national courts in English translation by legal topic.

Article 267 TFEU is a formal, institutionalised judicial dialogue procedure that ensures the uniform interpretation and enforcement of EU law via national courts in all 28 Member States.

In this case, the Court granted jurisdiction to the national courts in which the website that contained injurious content was accessible, but only for the respective damage suffered in that Member State (so - called «mosaic» approach).

«ISDS under the new UNCITRAL rules on transparency is more transparent than many, even most, national courts in the EU, including Sweden.

This highlights the important issues surrounding the role of national courts in supporting investment treaty arbitration proceedings and the enforcement of investment arbitration awards.

Monica Claes and Šejla Imamović then discuss the role of national courts in the new European post-accession fundamental rights architecture and how accession may impact the national courts (p. 160).

The point would be to milden the firm obligation to enforce Article 325 TFEU and disapply the statutes of limitations periods, imposed upon national courts in Taricco I, to the extent that the ICC could decide that the considerations of effective judicial protection and legal certainty preclude in general the disapplication of statutes of limitations periods.

According to the Court this balancing is to be done by the national courts in the light of the principle of effectiveness.

The National Court in Madrid said Inocente Orlando Montano Morales, 76, arrived in Madrid on Wednesday from the US and was placed in prison.

Athough the judgment emphasises the role of the national court in ultimately deciding the case, the discretion left to them is distinctly asymmetrical.

Not exact matches

The Supreme Court agreed with the provinces, but left Flaherty an opening by ruling that Ottawa has a role in matters of national importance and scope, including preventing systemic risks in the financial system.

In the case, National Cable & Telecommunications Association v. Brand X Internet Services, the High Court ruled that ISPs are information services, as the FCC had defined them at the time, and not public utilities.

The U.S. judge has excluded foreign investors, based on a precedent set in a 2010 Supreme Court ruling in the case of Morrison v. National Australian Bank.

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.

In a newly - updated working paper published by the National Bureau of Economic Research, two researchers, Ozkan Eren and Naci Mocan, from LSU, examined juvenile court records from 1996 through 2012, looking to examine the relationship between «emotional shocks» - like those experienced by football fans — and a judge's ability to actually judge.

As of the moment, injunctions have been denied in Arizona, Nevada, and also by the New Jersey court considering the national consent decree.

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.

The National Retail Federation (NRF) formally filed an appeal with the Second U.S. Circuit Court of Appeals in the hopes to overturn a $ 5.7 billion settlement with Visa and MasterCard that was approved by a lower court in December, according to a statement released by the Washington D.C. - based trade group late ThurCourt of Appeals in the hopes to overturn a $ 5.7 billion settlement with Visa and MasterCard that was approved by a lower court in December, according to a statement released by the Washington D.C. - based trade group late Thurcourt in December, according to a statement released by the Washington D.C. - based trade group late Thursday.

Most defendants either don't bother to show up in court, in which case National Collegiate gets a default judgment and can collect the money, or they settle.

McDonald's and the National Labor Relations Board will finally go head - to - head in court on Monday as the fast - food company faces long - standing allegations that it violated employee rights under the National Labor Relations Act.

NEW YORK, NY — Today, the Democratic National Committee filed a wide - ranging, partisan civil lawsuit in federal court against the Trump Campaign, WikiLeaks, and the Russian Government.

The National Venture Capital Association, an industry group of top U.S. venture capitalists, filed a lawsuit on Tuesday in Washington D.C. District Court against the Trump Administration, alleging it illegally delayed an immigration program created during President Obama's term.

Indeed, Will Horter, executive director of the Dogwood Initiative, a group opposed to Gateway, argues that the implications of future court challenges might go further, to «potentially hamstring the [National Energy Board] in any situation where there's unceded First Nations lands, anywhere in Canada.»

Fun Fact: Says Niño: «While we don't wear white hats, the collective fixer team have lent a helping hand in everything from national elections, Fortune 50 mergers and acquisitions to global humanitarian crises, Oscar - award winning films and even a couple of U.S. Supreme Court cases.

A Russian hacker has confessed, in court, to being hired by Russian state intelligence to hack the Democratic National Congress» computer systems in 2016.

Then in late 2014 he offered her $ 1 billion to surrender her stake in National Amusements, according to court documents.

«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 federal government is in danger of losing the clear support of a key provincial ally in its bid to have the Supreme Court of Canada rule that Ottawa has the constitutional power to establish a national securities regulator.

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.»

I could air, in public, questions that will probably be tried in courts of law later, and make spotting the contradictions a national parlour game.

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.

B.C.'s new NDP government is trying to block expansion of the Trans Mountain in court by arguing that Ottawa failed to evaluate the project's risks to the marine environment, which B.C. says is a breach of its obligation to consider the national interest.

The Trans Mountain Expansion Project is still before the National Energy Board (NEB)(see the comment by Kirk Lambrecht QC here) and all the while spawning lots of litigation, some in the Federal Court of Appeal and some in the provincial superior courts.

The Financial Planning Coalition — comprising the Certified Financial Planner Board of Standards, the Financial Planning Association and the National Association of Personal Financial Advisors — filed an amicus brief Thursday in the U.S. District Court for the Northern District of Texas, in support of DOL's fiduciary rule and opposing efforts to stop the rule from taking effect.

One might have thought that that would be the end of the matter, but instead Burnaby commenced this action in the Supreme Court of British Columbia seeking a declaration (at para 13) «that the National Energy Board does not have the constitutional jurisdiction to issue an order to the City of Burnaby that directs or limits the City of Burnaby in the enforcement of its bylaws.»

I have commented on most of that litigation in «Pipelines, the National Energy Board and the Federal Court» (2015), 3 Energy Regulation Quarterly 59 — 73.

On June 28, 2012, the Supreme Court ruled by a 5 — 4 vote in National Federation of Independent Business v. Sebelius that the mandate was constitutional under the U.S. Congress's taxing authority.