Sentences with phrase «precluding national»

80 In the light of all of the foregoing, the answer to the question referred is that EU law — in particular, as it results from Article 7 (1)(b), Article 8 (4) and Article 24 (1) and (2) of Directive 2004/38 — must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically — whatever the circumstances — bars the grant of a benefit, such as the compensatory supplement provided for in Paragraph 292 (1) of the ASVG, to a national of another Member State who is not economically active, on the grounds that, despite having been issued with a certificate of residence, he does not meet the necessary requirements for obtaining the legal right to reside on the territory of the first Member State for a period of longer than three months, since obtaining that right of residence is conditional upon that national having sufficient resources not to apply for the benefit.

The judgment concluded: «[T] he answer to the question referred is that Article 7 (1) of Directive 2003/88 must be interpreted as precluding national provisions or collective agreements which provide that a worker who is on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employs him does not have the right, after his recovery, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period.»

But that doesn't preclude the national organisations of the Labour left taking a position on the question of reselection in principle.

But Ahmed Gulak responded by saying that the party's constitution precluded the National Secretary from chairing the NEC, NWC and the caucuses of the party.

It then examines whether Articles 2 and 3 preclude national legislation prohibiting the filing of written objections in another language than the one of the proceedings.

In addition, it precludes the national courts from detaining irregular migrants solely because the third - country national in question lacks identity documents.

It considered whether the provisions of the 1995 Data Protection Directive (hereafter: the Directive) preclude national measures which allow the data transfers between public bodies and subsequent data processing without informing the data subject of the transfer and processing.

Article 7 (1) of Parliament and Council Directive (EC) 2003/88 (concerning certain aspects of the organisation of working time) precludes national provisions or collective agreements which provide that a worker who was on sick leave during a period of annual leave scheduled in the annual leave planning schedule of the undertaking which employed him does not have the right, after his recovery, to take his annual leave at a time other than that originally scheduled, if necessary outside the corresponding reference period.

In Ferreira da Silva the Court accepts that simply because lower courts have interpreted a provision of EU law in a particular way does not preclude a national supreme court from considering that the interpretation of that provision in a different way is so obvious that there is no reasonable doubt (paragraph 42).

The present case concerns the question whether the EU law, particularly Articles 49 and 56 TFEU and the Directive 2006 / 123 / EC (known as the «Services» Directive), precluded a national legislation which did not allow consulting firms to carry out legal activity as a primary activity.

42 It can not therefore be inferred from Article 70 (4) of Regulation No 883/2004, read in conjunction with Article 1 (j) thereof, that EU law precludes national legislation, such as that at issue in the main proceedings, under which the right to a special non ‑ contributory cash benefit is conditional upon meeting the necessary requirements for obtaining a legal right of residence in the Member State concerned.

45 On that basis the Court has held that Article 20 TFEU precludes national measures, including refusals to grant rights of residence to family members of a Union citizen, which have the effect of denying Union citizens the genuine enjoyment of the substance of the rights conferred by their status (see Ruiz Zambrano, paragraph 42).

65 First, it should be pointed out that there is nothing in Directive 2004/38 to preclude nationals of other Member States from receiving social security benefits in the host Member State (see, by analogy, Grzelczyk, paragraph 39).

Not exact matches

The church network will hold two national summer conferences at its Shepton Mallet site next year, but hasn't precluded the possibility of resurrecting...

The history of church and state seems «naturally» to have precluded a transcendent understanding of Mexico's national destiny, an understanding independent of both church and state.76

Games such as this Saturday's between Notre Dame and Ohio State are suddenly more meaningful, and the air may yet thicken with controversy if the eventual Rose Bowl and Sugar Bowl matchups preclude a true national - championship game.

The AAU adopts a national policy precluding sports agents, agencies and representatives from membership in the AAU.

A senior party source said: «People have got to get away from the idea that working together at the national level, where we can achieve things that are in the parties» interests and national interest, does not preclude us from beating the hell out of each other at the local level.»

Today an electrometallurgical process that precludes the separation of pure plutonium is under development in the U.S. at Argonne National Laboratory.

[12] These national patterns do not preclude local heterogeneity.

At the National Gallery, the high ceilings and more institutional scale of the space preclude any domination of the walls.

This precludes any interesting analysis that would still stay significant beyond some national boundaries (e.g US here).

Barriers to research, such as denied visas, the inability to carry equipment and samples across national borders, or denial of access to data, preclude scientific investigation, slow progress, increase cost, and retard the growth of knowledge.

These elements create very large uncertainties when calculating national temperatures before 1910, and preclude the construction of nation - wide temperature (gridded over the Australian continent) on which the Bureau's annual temperature series is based.

59 The answer to the first question and the first part of the third question is therefore that European Union law must be interpreted as meaning that it does not preclude the issue of judgment by default against a defendant on whom, given that it is impossible to locate him, the document instituting proceedings has been served by public notice under national law, provided that the court seised of the matter has first satisfied itself that all investigations required by the principles of diligence and good faith have been undertaken to trace the defendant.

In a significant win for access to justice in environmental matters, the Court's Grand Chamber found that Article 47 of the Charter of Fundamental Rights (the right to an effective remedy), read together with the Aarhus Convention, precluded the application of national procedural rules allowing for swift decision - making at the expense of rights granted to environmental NGOs.

But immediately in the next paragraph, the ECJ held that the requirement of precision «precludes» national courts from disapplying the statutes of limitations.

Does the Brussels I Regulation preclude the use of provisions of national law which enable proceedings to be brought against persons of unknown address?

-- that regulation does not preclude the application of a provision of national procedural law of a Member State which, with a view to avoiding situations of denial of justice, enables proceedings to be brought against, and in the absence of, a person whose domicile is unknown, if the court seised of the matter is satisfied, before giving a ruling in those proceedings, that all investigations required by the principles of diligence and good faith have been undertaken with a view to tracing the defendant.

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.

Consequently the Court did not find any reasons precluding the Commission form bringing an action before a national court, on behalf of the EU, demanding compensation for losses caused by an infringement where the same Commission had earlier found such infringement.

The question to be referred is whether the Directive precluded the imposition in national law of a requirement that a person must also be unmarried in order to qualify for a state pension, where a gender change occurred.

Yet, despite these justifications, only in some cases is there a clear mechanism of coordination between criminal and administrative enforcement provided at national level, e.g. a mechanism precluding the continuation of administrative proceedings if there are some elements that justify the application of criminal law, and vice-versa.

Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.»

As a result of this, while the CJEU had the occasion to declare in C - 228 / 06 Soysal and Savatli that Article 41 (1) precluded the introduction of a VISA requirement for Turkish nationals willing to provide services in Germany if the said requirement was introduced after the signature of the Additional protocol, in Demirkan the CJEU introduced — for the first time in EU law - the distinction between active and passive freedom to receive services.

After all, if the Italian decree was precluded by EU law, then, in order to let such a judgment of the ECJ affect the outcome of the national proceedings, the decree had to be considered non-binding by the referring court.

First of all, the national court wanted to know if the optional ground for refusal in case of a conviction in absentia as laid down in the new Article 4a (1) FD EAW precludes the Executing State from making the surrender conditional on the right of a retrial in the Issuing State, if deemed necessary by the Executing State, similar to what used to be possible on the basis of Article 5 (1) FD EAW 2002.

The national legislature may thus possess discretion to determine criteria to be satisfied by organisations to be able to challenge an infringement of environmental law; however, the very obligation to guarantee access to justice was, for the Advocate General, sufficiently clear to preclude a rule with the effect of excluding certain categories of non-legislative decisions taken by public authorities from the possible scope of review (para 94).

As to the second question, the Court held that the PTWD must be interpreted as meaning that it precludes, for the purpose of access to the pension scheme, national law from establishing a distinction between full - time judges and part - time judges remunerated on a daily fee - paid basis, unless such a difference in treatment is justified by objective reasons, which is a matter for the referring court to determine.

A final and binding award, therefore, precludes the successful party from bringing the same claim (s) again, either in a fresh arbitration or before the national courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comnational courts, and precludes both parties from contradicting the decision of the arbitral tribunal on a question of law or fact decided by the award (Sun Life Insurance Company of Canada and others v The Lincoln National Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (ComNational Life Insurance Company [2006] 1 All ER (Comm) 675; Injazat Technology Capital Ltd v Najafi [2012] EWHC 4171 (Comm)-RRB-.

Both parties suffered, but the Reformers had more to lose and the issues of the moment — prohibition, rural resentment of the National Policy, and sectarian hostility to separate schools [see D'Alton McCarthy *]-- precluded their traditional posture as champions of Ontario's rights.

Does Article 20 TFEU preclude a third country national from being refused a residence permit because of lack of means of subsistence in a family situation in which his spouse has custody of a child who is a citizen of the Union and the third country national is not the child's parent, does not have custody of the child, and does not live with his spouse or with the child?

35 By its questions, which should be examined together, the referring court essentially asks whether the provisions of European Union law on citizenship of the Union must be interpreted as precluding a Member State from refusing to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national.

-- Article 20 TFEU must be interpreted as not precluding a Member State from refusing to grant a third country national a residence permit on the basis of family reunification where that national seeks to reside with his spouse, who is also a third country national and resides lawfully in that Member State and is the mother of a child from a previous marriage who is a Union citizen, and with the child of their own marriage, who is also a third country national, provided that such a refusal does not entail, for the Union citizen concerned, the denial of the genuine enjoyment of the substance of the rights conferred by the status of citizen of the Union, that being for the referring court to ascertain.

76 As regards the legislation at issue in the main proceedings, it is clear from the explanation provided by the Austrian Government at the hearing that, although the amount of the compensatory supplement depends on the financial situation of the person concerned as measured against the reference amount fixed for granting that supplement, the mere fact that a national of another Member State who is not economically active has applied for that benefit is sufficient to preclude that national from receiving it, regardless of the duration of residence, the amount of the benefit and the period for which it is available, that is to say, regardless of the burden which that benefit places on the host Member State's social assistance system as a whole.

Lady Hale's judgment in Patmalniece precluded the application of the TFEU, art 18 to third country nationals.

[5] The central question is whether principles of parliamentary privilege allow the National Assembly to exclude kirpans from its precincts or whether constitutional rights such as the freedom of religion and expression preclude the Assembly from excluding them.

● Were national courts precluded from deciding an issue due to an ASI, there would be a risk that those courts might later refuse to recognise and enforce any future arbitral award.

Accordingly, the ECJ held that a combination of Art 49 and the Directive precluded a union from using industrial action to force a service provider from another member state to enter into negotiations for more favourable terms than those arising from national legislative provisions.

Similarly, in Bhinder v. Canadian National Railway Co., 20 the Supreme Court of Canada upheld a workplace policy that mandated hard hats, thus precluding Sikh turbans.