Sentences with phrase «preliminary ruling in the case»

Earlier this month, the CJEU issued a preliminary ruling in the case.

Not exact matches

This is often the case in law when you receive a preliminary ruling that does not support your case or, as is often the case, a ruling that makes trial more difficult for both parties.

Just two days after being granted a preliminary injunction in its case against Patrick McDonnell and Coin Drop Markets, the CFTC used that ruling to give notice of supplemental authority in another cryptocurrency - related case.

Mark Friedgut, the Ezzo lawyer prosecuting this case, was so unprofessional in his filings before an Australian judge that she went out of her way to criticize his behavior in one of her preliminary rulings: Ezzo vs. Grille (Ezzo v Grille 2003, NSWSC 776; 21 August 2003; NEW SOUTH WALES SUPREME COURT)

Justice Ibrahim Buba of the court in his ruling on the defendants» preliminary objection on Monday, held that the engineers «had not made out a case of infringement on their fundamental rights even on the merit of the application,» and dismissed their applications.

«It is my decision that this court has jurisdiction on the charges filed against the first defendant in this case and the notice of preliminary objection is dismissed,» Justice Solebo ruled.

Last month, Monsanto withdrew the suit in the Dutch court and settled the case with soy meal importers after a preliminary ruling earlier this year signaled that it was likely to lose the case.

But that court, the U.S. Court of Appeals for the D.C. Circuit, in a 2 - 1 decision in April overturned the preliminary injunction, allowing research to continue until Lamberth ruled on the merits of the underlying case.

Indeed, the preliminary ruling in the Roche case directly addressed the issue of informed consent, and hinged on whether Mr. Roche had given consent for the future implantation of any non-transferred embryos [75].

The Court of Justice will have no jurisdiction in EPPO cases (contrary to what was suggested by the Draft Model Rules), except of course when a national court would ask the EU Court for a preliminary ruling.

This is because the new version of the EEA Agreement established a new procedure to preserve the homogenous interpretation of the agreement through the EFTA Joint Committee monitoring the evolution of the Court of Justice's case law, and a mechanism analogous to the preliminary reference procedure whereby the Court of Justice would be asked to give a ruling on the interpretation of relevant rules in disputes between the Contracting Parties (Articles 105 - 111 of the EEA Agreement).

In this case, the Court readily accepted that it has jurisdiction to give preliminary rulings on the interpretation and validity of all EU acts, «without exception».

The case was referred to the ECJ for a preliminary ruling about whether Art 2 of the Community Directive 89 / 104 / EEC in respect of trade marks precluded sounds or noises from being registered as trade marks and what the requirements were for a sound or noise to be registered.

In Singapore the SIAC Rules now encourage tribunals to distil preliminary issues which could dispose of a case faster and at lower cost.

In January 2012, the German Supreme Administrative Court (Bundesverwaltungsgericht) referred a case to the ECJ for a preliminary ruling concerning the NGO's right of action.

CONSIDERING that, as any national court, the Unified Patent Court must respect and apply Union law and, in collaboration with the Court of Justice of the European Union as guardian of Union law, ensure its correct application and uniform interpretation; the Unified Patent Court must in particular cooperate with the Court of Justice of the European Union in properly interpreting Union law by relying on the latter's case law and by requesting preliminary rulings in accordance with Article 267 TFEU;»

In the case of the CFSP the national courts replace the CJEU and have to ensure effective judicial protection of individuals also in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102In the case of the CFSP the national courts replace the CJEU and have to ensure effective judicial protection of individuals also in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102in the absence of the Court's competence to make preliminary rulings and monopoly to annul EU law (AG view, para 102).

On the other hand, if national legislation falls within the scope of EU law, the Court, when requested to give a preliminary ruling, must provide all the guidance as to interpretation needed in order for the national court to determine whether that legislation is compatible with the fundamental rights the observance of which the Court ensures (see, inter alia, Case C ‑ 617 / 10 Åkerberg Fransson [2013] ECR I ‑ 0000, paragraph 19 and the case - law citCase C ‑ 617 / 10 Åkerberg Fransson [2013] ECR I ‑ 0000, paragraph 19 and the case - law citcase - law cited).

Sanctions cases M case In R (on the application of M & another) v Her Majesty's Treasury [2008] UKHL 26, [2008] All ER (D) 409 (Apr) the Appellate Committee of the House of Lords referred a question of the interpretation of EC Council Regulation 881 (2002)(the Regulation) to the ECJ for a preliminary ruling, pursuant to Art 234 of the EC Treaty (as amended).

In a fifth case the Supreme Court issued its final judgment on a matter that had already been sent to Luxembourg for preliminary rulings on two occasions; it concerned the limitation period applying to claims brought against producers of goods (O'Byrne v Aventis Pasteur MSD Ltd [2010] UKHL 23).

In such a multi-patent case involving so many different issues it would be unusual for the Commission not to review the preliminary rulings — the original ID and the supplemental remand ID — at all.

In a grand chamber judgment in case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEUIn a grand chamber judgment in case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEUin case C ‑ 209 / 10, Post Danmark, the European Court of Justice (ECJ) handed down a preliminary ruling on the interpretation of abuse of a dominant position (Art. 102 TFEU).

However, in two recent preliminary rulings, the Court has had the opportunity to clarify its previous case law.

In the case at hand, the AG argued that HSs are part of EU law and advised the Court to give a preliminary ruling.

Since in references for a preliminary ruling the determinations of national courts will generally be accepted by the CJEU, and a request to intervene in a preliminary ruling procedure to submit observations on third country law is not possible, there is a risk that a judgment in such a case could be based on an insufficient evaluation of third country law, such as when the evidence concerning such law is uncontested and is presented only by a single party.

It would strike me as most odd if, for example, any such case which is brought in accordance with the applicable procedural rules should be denied the opportunity to refer a preliminary preference to the Court of Justice, for example.

As already stressed by Megi Medzmariashvili in her post of 1st March 2016, the question of whether the Court of Justice of the European Union («the Court» or «CJEU») has jurisdiction to give a preliminary ruling on the interpretation of a harmonised technical standard («HTS») adopted by the European Committee for Standardisation («CEN») is, for the first time, raised in Case C - 613 / 14, James Elliot Construction Ltd v Irish Asphalt Limited.

In the PPL case, an Irish court asked the ECJ for a preliminary ruling to clarify whether «communication to the public» includes broadcasts by a hotel to guests in hotel bedrooms, and whether Ireland was therefore in violation of European law when it exempted hotels from paying remuneration for these broadcastIn the PPL case, an Irish court asked the ECJ for a preliminary ruling to clarify whether «communication to the public» includes broadcasts by a hotel to guests in hotel bedrooms, and whether Ireland was therefore in violation of European law when it exempted hotels from paying remuneration for these broadcastin hotel bedrooms, and whether Ireland was therefore in violation of European law when it exempted hotels from paying remuneration for these broadcastin violation of European law when it exempted hotels from paying remuneration for these broadcasts.

In the light of the conflict between its own case law and the EU legal framework, the Constitutional Court (in Plenary Chamber) clearly struggled with Melloni's petition, and in 2011 decided to ask the CJEU for a preliminary rulinIn the light of the conflict between its own case law and the EU legal framework, the Constitutional Court (in Plenary Chamber) clearly struggled with Melloni's petition, and in 2011 decided to ask the CJEU for a preliminary rulinin Plenary Chamber) clearly struggled with Melloni's petition, and in 2011 decided to ask the CJEU for a preliminary rulinin 2011 decided to ask the CJEU for a preliminary ruling.

In the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goodIn the case at issue the request for a preliminary ruling was submitted by the Oberlandesgericht Frankfurt am Main (Higher Regional Court, Frankfurt am Main) in 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goodin 2016 in the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goodin the context of a dispute between Coty Germany GmbH, a supplier of luxury cosmetics established in Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goodin Germany, and Parfümerie Akzente GmbH, an authorised distributor of those goods, concerning the prohibition, under a selective distribution contract between Coty Germany and its authorised distributors, of the use by the latter, in a discernible manner, of third - party undertakings for internet sales of the contract goodin a discernible manner, of third - party undertakings for internet sales of the contract goods.

In the present case, it is common ground, that the amount of the public contract at issue in the main proceedings amounts to EUR 85,000, which is considerably below the thresholds for application laid down in Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis addedIn the present case, it is common ground, that the amount of the public contract at issue in the main proceedings amounts to EUR 85,000, which is considerably below the thresholds for application laid down in Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis addedin the main proceedings amounts to EUR 85,000, which is considerably below the thresholds for application laid down in Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis addedin Article 4 of Directive 2014/24... On the other hand, in its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis addedin its reference for a preliminary ruling, the referring court has not provided any information enabling the Court to... demonstrate the existence of a certain cross-border interest... In those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis addedIn those circumstances, the Court finds itself unable to provide a useful answer to the question raised... (C - 486 / 17, paras 17 - 22, references omitted, own translation from French and emphasis added).

On April 13, 2018 the Supreme Court of Lithuania (SCoL) decided to stay proceedings and refer a question for preliminary ruling to the Court of Justice of the European Union (CJEU) in a case that raises new questions related to the in - house exemption (civil case No.

Traders appealed and the OFT cross-appealed the High Court ruling before the Court of Appeal (England and Wales)(Civil Division), which referred the case to the CJEU for a preliminary ruling whereby it seeked an interpretation of paragraph 31 of Annex I to the Directive 2005 / 29 / EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business - to - consumer commercial practices in the internal market (OJ 2005 L 149, p. 22) in order to determine whether that provision prohibits the imposition of a cost, even of a de minimis nature, on a consumer who has been informed that they have won a prize.

This progression is consistent with the migration of other Supreme Court rules from one intellectual property field into another; for example, the application of the patent doctrine of willful blindness in copyright cases, [28] and the extension of eBay's [29] rule regarding irreparable harm in patent permanent injunction applications to preliminary injunctions in both trademark and copyright cases.

I recently obtained a copy of the preliminary ruling on the photo gallery patent, and in a parallel matter the court allowed me, over Samsung's objections, to read Apple's sur - reply (from the infringement proceedings) in the infringement case over Samsung's smiley input method patent.

In the present case, the Council of State (Conseil d'Etat) decided to refer a request for a preliminary ruling to the EU Court of Justice seeking interpretation of the Directive 95 / 46 / EC.

By a request for a preliminary ruling, of 25 November 2014 brought in Case C ‑ 554 / 14, repeated and thereafter supplemented by two requests of 15 December 2014, the Sofia City Court referred to the Court various questions on the interpretation of Council Framework Decision 2008 / 909 / JHA of 27 November 2008.

(a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised in a case pending before it and concerning the validity or interpretation of an act referred to in paragraph 1 if that court or tribunal considers that a decision on the question is necessary to enable it to give judgment; or

Before the jury verdict came down, Judge Koh (in a preliminary injunction ruling last year) and many observers (including me) thought that Apple had a stronger case with its tablet design patent, while the smartphone design patent case looked like a closer call.

The case has proceeded upon the request for a preliminary ruling under Article 267 TFEU from the District Court in Łodz — Srodmiescie (Poland); it was made by decision of 24 May 2016, received at the Court on 25 May 2016, in the proceedings JZ versus the District Prosecution Service in Lodz — Srodmiescie.

However, on the particular facts of that case — where the chief detriment was a disciplinary hearing brought against the claimant who was dismissed internally — the tribunal had not been perverse in ruling a number of the alleged acts out of time at the preliminary hearing.

The rules bring in an initial sift process, allowing the tribunal to strike out of its own initiative unmeritorious claims; the combination of the old two - speed CMD / PHR (case management discussion / pre-hearing review) in procedure into preliminary hearings; stronger timetabling powers for employment judges, allowing cross examination to be curtailed and changes to the costs regime.

Both the PCIJ's doctrine in the Phosphates in Morocco Case (1938) and the ICJ's preliminary ruling in the Certain Property Case (2005) support the exclusion of the World Court's jurisdiction vis - à - vis the Greco - German ICCs.

Throwing a tire into the dumpster fire was a preliminary injunction handed down yesterday by Judge Jack B. Weinstein, ruling against a cryptocurrency trading advice firm in a case brought by the Commodity Futures Trading Commission.

Conducted research on statutes, precedents, regulations and rulings and participated in the preliminary stages of case preparation and hearings.

• Ability to conduct research of statutes, precedents, rulings and participate in preliminary stages of case preparation and hearings.

Already the judge in the case made a preliminary ruling that the MLS's photos and notes about listed homes are likely protected by copyright law (stopping NeighborCity from using the pictures and comments without license while the litigation goes on).