60 It follows that, for the purposes of Article 7 (1)(b) of Directive 2004/38, the concept of «social assistance system» must be defined by reference to
the objective pursued by that provision, as recalled in paragraphs 53 to 57 above, and not by reference to formal criteria (see, to that effect, Vatsouras and Koupatantze, paragraphs 41 and 42, and Case C ‑ 571 / 10 Kamberaj [2012] ECR, paragraphs 90 to 92).
In that sense, the STL is selective in that it favours certain undertakings which are in a comparable factual and legal situation in the light of
the objective pursued by the measure at issue.
Following a classical reasoning on the assessment of the proportionality of the interference (see for example Schwarz, C ‑ 291 / 12, para. 53), the AG explains that the proposed agreement «must also consist of the measures least harmful -LSB-...] while making an effective contribution to the public security
objective pursued by the agreement envisaged».
With regard to the question of compatibility of the imposition of a residence condition with Articles 29 and 33 of the Directive, after having found that these Articles in principle require an equal treatment of all beneficiaries of international protection as regards the freedom of movement (Article 33) and a treatment that is equal to nationals of the relevant Member State in the matter of welfare benefits (Article 29), the Court concludes that a residence condition can still be imposed on beneficiaries of subsidiary protection status, if they are not in an objectively comparable situation with beneficiaries of other international protection status or nationals of the Member States as regards
the objective pursued by the national law that seems to infringe on Articles 29 and 33 (point 54 of the judgment).
«-LSB-... t]
he objective pursued by [the ESM], which is to safeguard the stability of the euro area as a whole, that is clearly distinct from the objective of maintaining price stability, which is the primary objective of the Union's monetary policy.
The Court in both instances referred to article 34 of the Charter of Fundamental rights and
the objective pursued by the Directive (the integration of third - country nationals with long term legal residence in the Member States) in interpreting article 11 of the Directive.
90 The meaning and scope of the concept of «core benefits» in Article 11 (4) of Directive 2003/109 must therefore be sought taking into account the context of that article and
the objective pursued by that directive, namely the integration of third - country nationals who have resided legally and continuously in the Member States.
He noted that
the objective pursued by the DRD is «perfectly legitimate» [136].
Where the granting of such preferential access is intended to realize
an objective pursued by national legislation (in this case traffic safety) and the public infrastructure to which access is given, is not commercially exploited, the State does not confer an economic advantage according to the CJEU.
The objectives pursued by mba essays can be not easy to fulfill, yet even to comprehend.
It can not be ruled out that, even where there is no such impossibility, the transfer of water may be regarded as satisfying the conditions mentioned in the preceding paragraph and, in particular, (i) the condition that it serves a general interest and / or the benefits to the environment and society linked to the achievement of the objectives set out in Article 4 (1) of that directive are outweighed by the benefits to human health, to the maintenance of human safety or to sustainable development resulting from the transfer of water and (ii) the condition that the beneficial
objectives pursued by that transfer can not, for reasons of technical feasibility or disproportionate cost, be achieved by other means which would be a significantly better environmental option.
The Court then turned to the general
objectives pursued by the Directive.
The former stated at para 3.10: «There must be «a reasonable relationship of proportionality between the means employed and the legitimate
objectives pursued by the contested limitation» a measure that will satisfy the proportionality test only if three criteria are satisfied: the legislative objective must be sufficiently important to justify limiting of fundamental rights; the measure designed to meet the legislative objective must be rationally connected to that objective.
The Commission may withdraw a proposal if an amendment by the EU legislature «distorts the proposal for a legislative act in a manner which prevents achievement of
the objectives pursued by the proposal and which, therefore, deprives it of its raison d'être» (para 83).
... when they implement the possibility provided for in Article 51 of Directive 2004/18 [whereby the contracting authority may invite economic operators to supplement or clarify the certificates and documents submitted to it], the Member States must ensure that they do not jeopardise the attainment of
the objectives pursued by that directive or undermine the effectiveness of its provisions and other relevant provisions and principles of EU law, particularly the principles of equal treatment and non-discrimination, transparency and proportionality...
The CJEU however once again declined to accept Teva's proposition by observing that as per
the objectives pursued by the Orphan Drug Regulation to incentivize the research on therapies for rare life - threatening conditions, there was as such no provision (besides that under Article 8 (2) which provides for the reduction of orphan exclusivity to six years if at the end of the fifth year it is established that the criteria pertaining to the rarity of a medical condition or the size of the patient population are no longer applicable) to truncate the orphan exclusivity term of a drug product as a result of the fact that another drug product has already received approval and benefited from exclusivity for those same indications.
24 However, the referring court is also of the view that the concept of «social assistance» could be given its own particular meaning based on
the objectives pursued by Directive 2004/38, which is intended, inter alia, to prevent persons who have not made any contribution to financing the social security schemes of a host Member State from becoming an excessive burden on that State's budget.
Not exact matches
Many innovative companies, from Google to Intuit, embrace their employees» passion
by incorporating unstructured time into their work week during which employees can
pursue ideas independent of company
objectives.
It
pursues this
objective by investing principally in equity securities of non-U.S. issuers and using hedging strategies to vary the exposure of the Fund to general market fluctuations.
The fund
pursues its
objective by investing in a portfolio of high - yielding convertible and nonconvertible bonds.
The Fund
pursues its investment
objective by taking long and short positions in equity securities.
The document lays out a 200 - day plan governed
by five major
objectives: renegotiating or withdrawing from the North American Free Trade Agreement, or NAFTA; stopping the Trans - Pacific Partnership trade deal; stopping «unfair imports»; ending «unfair trade practices»; and
pursuing bilateral trade deals.
, replies: «The regulation of births, which is an aspect of responsible fatherhood and motherhood, is objectively morally acceptable when it is
pursued by the spouses without external pressure; when it is practised not out of selfishness but for seriousreasons; and with methods that conform to the
objective criteria of morality, that is, periodic continence and use of the infertile periods» (no. 497).
Clearly, an
objective and fair criteria was
pursued by the NDC Government in selecting beneficiary Districts.
«As often been repeated, the best way to
pursue our
objectives about governance is to run the whole hub of the mandate provided
by the constitution that will give us enough time to meet all our aspirations for the people.
«This Agreement, in enhancing the implementation of the [2015 United Nations Framework Convention on Climate Change], including its
objective, aims to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including
by: (a) Holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and
pursuing efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change; (b) Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development, in a manner that does not threaten food production; and (c) Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate - resilient development.
According to O'Mara, the CPFP fulfilled all of its
objectives «
by identifying the many avenues the fellow could
pursue,
by encouraging fellows to «think outside of the box,» and
by providing the resources found nowhere else to
pursue these avenues.»
Scientists strive for authoritative,
objective knowledge — but they
pursue it
by taking leaps of imagination, following hunches, and trashing one another's ideas.
This is an
objective currently being
pursued by numerous research groups around the world.»
Like any work of direct cinema, Resurrecting Hassan raises as many questions as it answers, though it goes the extra mile in
pursuing objective truthfulness
by narrowing the camera's field of vision with staggeringly intimate close - ups.
Often the unions
pursue their policy
objectives by combining legislative and administrative power.
Pursuing an instructional design bachelor degree can give eLearning professionals the knowledge and skills they need to design eLearning courses that meet performance and learning
objectives by effectively using eLearning authoring tools, learning management systems, and instructional design theories and models.
These areas are distinguished
by the combination of ambiguous legal doctrine and constituencies eager to exploit that ambiguity to
pursue policy
objectives.
The subaccount
pursues its
objective of growth and income
by targeting a wide range of utilities, including natural gas, electric, and communication services companies.
Effective August 29, «the Fund may also
pursue its investment
objective by investing in the debt obligations of foreign governments and their agencies.»
The U.S. Small & Mid-Cap Strategy
pursues its investment
objective by using a growth at a reasonable price investing style.
The subaccount
pursues its
objective of long - term capital appreciation
by investing in stocks of small companies that are undergoing positive changes.
The Fund
pursues its investment
objective by investing primarily in fixed income securities, such as U.S. Treasury bonds, notes and bills, Treasury inflation - protected securities, U.S. Treasury Strips, U.S. Government agency securities (primarily mortgage - backed securities), and investment grade corporate debt rated BBB or higher
by Standard & Poor's Global Ratings or Baa or higher
by Moody's Investors Service, Inc., or having an equivalent rating from another independent rating organization.
The Adviser
pursues the fund's investment
objective by investing at least 80 % of the fund's net assets in equity securities (i.e., common stocks, preferred stocks, convertible securities and rights and warrants) of micro-capitalization companies.
The fund
pursues its investment
objective by investing primarily in common stocks selected for their growth potential.
The fund
pursues its
objective by investing in a portfolio of high - yielding convertible and nonconvertible bonds.
It
pursues this
objective by investing primarily in common stocks and using hedging strategies to vary the exposure of the Fund to general market fluctuations.
Under the supervision of its Director, the clinic provides value - added, applied educational opportunities to graduate and law students at the University of Florida
by offering its services to governmental and non-governmental organizations and individuals
pursuing conservation
objectives.
By considered approaches I obviously had in mind... The 2007 FD revision of the ISCCP - FD data shows quite obviously a change in less reflected short wave... We obviously should take considered action... We can obviously make pragmatic choices... This includes
pursuing many obviously humanitarian
objectives...
It stated briefly that it was «not contested» that the fight against alcohol abuse and the protection of public health against the harm caused
by such abuse could be
pursued as a public interest
objective, justifying the operation of a monopoly (para 54).
In this regard, we could even point to the Court's earlier case law referred to as authoritative
by the Court itself in paragraph 30, where it reiterates the need to
pursue «common
objectives» and «same
objectives» for the finding of participation in an infringement of Article 101 TFEU.
«whether that legislation is intended to implement a provision of EU law; the nature of that legislation and whether it
pursues objectives other than those covered
by EU law, even if it is capable of indirectly affecting EU law; and also whether there are specific rules of EU law on the matter or capable of affecting it».
718 et seq. of the Criminal Code, R.S.C. 1985, c. C ‑ 46, and although the
objectives set out in those sections guide the courts and are clearly defined, it nonetheless involves,
by definition, the exercise of a broad discretion
by the courts in balancing all the relevant factors in order to meet the
objectives being
pursued in sentencing.
Despite the requirement in Art 52 (1) CFR that any restrictions
pursue an
objective of general interest «recognised
by the Union», there is a complete absence on the part of the Court to actually identify such an interest.
However, in view of the
objective of foreseeability, which the rules on jurisdiction must
pursue, the place of establishment of that server can not,
by reason of its uncertain location, be considered to be the place where the event giving rise to the damage occurred for the purpose of the application of Article 5 (3) of Regulation No 44/2001.