Sentences with phrase «of the advocate general»

By contrast, the view of the Advocate General (AG) appears much more in line with the traditional philosophy of mutual trust in the EU context: even if Member States have discretion about the means to execute the sentences delivered by their courts and even if EU law does not oblige a Member State to issue an EAW in order to prevent impunity, Advocate General Jääskinen recalls that «the principle that every penalty must be executed forms part of the rule of law» whose respect is a common feature to all the Member States of the Union (§ 102, referring to the opinion of the AG).

The Court's approach differed notably from the more deferential and less constitutional approach of the Advocate General's approach.

Today's Opinion of Advocate General Kokott (Opinion in Case C - 583 / 11P Inuit Tapiriit Kanatami and Others v Parliament and Council) concerns one of those cases.

The Opinion of Advocate General Sharpston in Opinion 2/15, delivered on 21 December, is partly sympathetic to the Commission's arguments on EU powers, but ultimately refutes the most outlandish of the Commission's claims to EU power vis - à - vis that of its constituent Member States.

Non-privileged applicants who seek to challenge a legislative act might still find themselves without effective legal redress if they lack standing before national courts (see however, paras. 105 - 124 of the Advocate General's Opinion on this matter).

On July 26, 2017, the European Court of Justice (ECJ) issued Opinion 1/15 (the Opinion of the Advocate General on this case had been discussed previously in this blog, part I and part II) pursuant to Article 218 (11) TFEU on the draft agreement between Canada and the European Union (EU) dealing with the Transfer of Passenger Name Record (PNR) data from the EU to Canada.

Inuit Tapiriit Kanatami et al v. European Parliament opinion of Advocate General Kokott, 17 January 2013, read opinion, on appeal from the General Court read judgment & my post on it

This Opinion of Advocate General Bot, given in response to a preliminary reference raised by the Spanish Tribunal Constitucional, gives interesting insights on the relation between national and EU fundamental rights standards, and gives an important interpretation on the ambiguous wording of Article 53 of the Charter on Fundamental Rights.

«There is a dialectic between the conclusion of the Advocate General and the collegial judgment of the Court of Justice.

In the absence of an Advocate General, the JR at the GC and his / her référendaire find themselves largely insulated from the rest of the Court and this for a significantly longer period of time.

The view of the Advocate General, whereby a different legal element — concerning for example the intention of the perpetrator — could entail that the «acts» (Article 54 CISA) or the «offence» (Article 50 CFREU) are not the same for the purpose of ne bis in idem, is not entirely persuasive as regards its coherence with the previous CJEU case law.

It concluded, without considering it necessary to request the Opinion of the Advocate General, that nothing in the order for reference established a connecting factor with Union law.

If the opinion of Advocate General Mengozzi is adopted by the ECJ it will be a step backward for brand protection as trade mark owners will, effectively, be unable to instigate legal proceedings for trade mark infringement in relation to comparative advertisements regardless of whether the rival advertiser uses the same or similar image (no matter how distorted) of the registered trade mark.

91 -LRB-...) as is apparent from point 110 of the Advocate General's Opinion, there is no requirement that an award criterion relates to an intrinsic characteristic of a product, that is to say something which forms part of the material substance thereof.

Already the view of Advocate General Kokott demonstrates that a different solution would have been possible.

Following the lead of the Advocate General, it recognized that the right to family life was a separate consideration, to be addressed in the context of applicable fundamental rights provisions.

Furthermore, there is no provision for a formal opinion of the advocate general, but only an informal consultation.

Following the Opinion of Advocate General Tanchev, the Court's judgment answers these questions in a methodical and careful manner.

These difficult issues were already enunciated in the Opinion of the Advocate General, under the «functional characteristics» of the parody.

From a citizen's perspective, however, the opinion of the Advocate General certainly sounds very convincing and reasonable.

There are a number of aspects of the Advocate General's Opinion which provide food for thought.

(in particular paragraphs 40 et seq. see also paragraphs 47 et seq. of the opinion of the Advocate General)

At present, this is only the Opinion of the Advocate General and is not in itself legally binding.

[8] 17 July 2014 Written Opinion of Advocate General Sharpston http://curia.europa.eu/juris/document/document.jsf?text=&docid=155164&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=440321

The July 2014 [7] Opinion of Advocate General Sharpston [8] provides a complete template to these lists, referring to both the black and grey lists [par.

The CJEU adopted the opinion of the Advocate General in this case, stating that the intended purpose of the software (i.e., whether its purpose falls within a medical purpose as prescribed by the regulations) and the function that the software performs on the data (i.e., analytics, learning and decision - making) are key tests in determining whether the relevant software is a medical device or not.

In the latter sense, the EU and international legal orders did indeed not end up sailing past each other «like ships in the night», to use the words of Advocate General Maduro, himself an academic advocate of legal pluralism.

However, according to the Court, in line with the Opinion of the Advocate General in Paul and others (para 117 of AG Stix - Hackl's opinion), the Directive did not «exhaustively» regulate the unavailability of deposits (para 134).

First of all, the Court was not convinced by the Opinion of the Advocate General (AG) Jääskinen, who proposed that the judicial review of all decisions by the Petitions Committee must be precluded under Article 263 TFEU in so far as those decisions are not challengeable acts within the meaning of that Article.

And the Ugly However, the most disappointing element of the judgment, like the Opinion of the Advocate General, is that it does not query the appropriateness of data retention as a tool to fight serious crime [49].

This was the issue underlying the elaborate and thorough Opinion of Advocate General Cruz Villalón in Case C - 617 / 10 Fransson.

This is because I am not too happy with the implications of the reasoning of the Advocate General.

For example, the opinion of Advocate General Bot in Schrems contains an evaluation of the scope of the supervisory powers of the US Federal Trade Commission (paras 207 - 208).

The case I wish to highlight in this post is the Opinion of Advocate General Jääskinen in Case C - 5 / 11 Donner, concerning a rather crafty and ingenious attempt by Mr. Donner to circumvent the application of certain German copyright laws.

First, it is noteworthy that this is, after a long time, a case on hyperlinking which required the intervention of an Advocate General; both Svensson and BestWater had been rendered as Judgment and Order respectively without an opinion of an AG.

Second, the Court disregards the suggestion of the Advocate General to see Article 9 (3) Aarhus Convention as a «mixed provision» and to allow review of EU secondary legislation against the benchmark of the clearly identifiable content of such a provision.

McGill & Co have been in the Supreme Court acting for the Respondent to the Government's appeal in the case of The Advocate General for Scotland v Romein.

Without apparent irony, the opening sentence of the Opinion of the Advocate General in the well - publicised case of

Without apparent irony, the opening sentence of the Opinion of the Advocate General in the well - publicised case of Kaltoft v the Municipality of Billund C354 / 13, 17 July 2014, notes that «obesity is a growing problem in modern society».

Notwithstanding these efforts, the opinion of Advocate General Bot still keeps its focus on the difference between the domestic and European understanding of the principle of legality and its scope, without taking into account other profiles that even more seriously are likely to generate a clash between the constitutional order and the European one.

While the ICC is seeking cooperation and «a step back» from the ECJ, in fact, the opinion of the Advocate General reflects probably the most conservative and radical view on the supremacy of the EU legal order.

It is worth considering some critical points that emerge prima facie from the opinion of the Advocate General.

The judgment largely affirms the opinion of Advocate General Bot of 23 September, and holds that the national data protection authorities (DPAs) must have the power to reach their own conclusions about European Commission decisions concerning the adequacy of data protection in third countries under Article 25 of EU Directive 95/46 (paras. 38 - 66 of the judgment).

Born 1955; studied economics, languages and law at King's College, Cambridge (1973 - 77); university teaching and research at Corpus Christi College, Oxford (1977 - 80); called to the Bar (Middle Temple, 1980); Barrister (1980 - 87 and 1990 - 2005); Legal Secretary in the Chambers of Advocate General, subsequently Judge, Sir Gordon Slynn (1987 - 90); Lecturer in EC and comparative law (Director of European Legal Studies) at University College London (1990 - 92); Lecturer in the Faculty of Law (1992 - 98), and subsequently Affiliated Lecturer (1998 - 2005), at the University of Cambridge; Fellow of King's College, Cambridge (1992 - 2010); Emeritus Fellow (2011 --RRB-; Senior Research Fellow at the Centre for European Legal Studies of the University of Cambridge (1998 - 2005); Queen's Counsel (1999); Bencher of Middle Temple (2005); Honorary Fellow of Corpus Christi College, Oxford (2010); LL.D (h.c.) Glasgow (2010), Nottingham Trent (2011) and Stockholm (2014); Advocate General at the Court of Justice from 11 January 2006.

The office consists of three conseillers (justices) of the Court, who rule in the presence of an advocate general or registrar.

As it is well known, the Opinion of Advocate General Bot of 18 July raised several concerns among scholars, by foreshadowing a negative reaction of the ECJ to the questions referred by the ICC.

«We have been waiting for a long time for a clarification issued by the ECJ relating to the application of the VAT exemption to bitcoin transactions... In my opinion, the most important matter behind this issue is that if the ECJ accepts the arguments of the Advocate General, the VAT exemption would be applicable in the whole European Union, including those countries (Estonia and Poland) which stated the contrary [applied VAT to bitcoin transactions].»

Not exact matches

Relying on sources close to Petraeus but not the retired general himself, it seemed to suggest that Petraeus might have been advocating the wholesale co-opting of al Nusra rather than just disaffected individuals and units.

General Motors (gm), which pioneered the connected car with its OnStar concierge service, sent a software update to million of vehicles in December, introducing an e-commerce system that lets drivers order coffee or make restaurant reservations while driving — to the chagrin of some safety advocates.

The news comes from a report issued Thursday by the Secure Our Smartphones («S.O.S.») Initiative, an international partnership of law - enforcement agencies, elected officials, and consumer advocates headed by New York State Attorney General Eric Schneiderman, San Francisco District Attorney George Gascón, and London Mayor Boris Johnson.