Sentences with phrase «proceedings in another member state»

However, London's reign as arbitration capital may be under threat after last week's European Court of Justice (ECJ) ruling in West Tankers that it was inconsistent with EC reg 44/2001 (the successor of the Brussels Convention) for a court of a European member state to make an order (commonly known as an anti-suit injunction) to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement.

«Is it consistent with EC Regulation 44/2001 [the EC Regulation] for a court of a member state to make an order to restrain a person from commencing or continuing proceedings in another member state on the ground that such proceedings are in breach of an arbitration agreement?»

For an effective enforcement of antitrust law it is also necessary that decisions of national competition authorities finding an infringement automatically constitute proof in court proceedings in all Member States.

In 2009, the ECJ delivered its infamous judgment in West Tankers (C - 185 / 07), holding that Brussels I precluded the courts of a member state making an order restraining a person from commencing or continuing proceedings in another member state on the grounds that such proceedings would be in breach of an arbitration agreement.

Referring to the new Article 34 lis alibi pendens rule for proceedings pending ex-EU, ex absurdum, would there not be an odd lacuna if Article 34 required a stay where there were related non-Regulation foreign proceedings in a third party State and the position were not to be the same for equivalent foreign proceedings in a Member State?

Not exact matches

By contrast, I have heard of cases pertaining to some newer member states where the state in question would not even send a representative or written arguments to the court (here again I think it was about prejudicial questions, not infringement proceedings but it shows how specific countries approach EU litigation in general).

Infringement proceedings only start when the Commission sends a «letter of formal notice» to the Member State in question.

This was immediately followed by one Mr. Baah Acheamfour who proceeded to make a complaint to the police of the conduct of Afoko and his alleged spokesperson which he described as gross and flagrant violation of Article 3d (VIII) of the NPP's constitution under duties of a member which state that a member shall not initiate commence or prosecute any legal proceedings whatsoever against the party or any member of the party relating to party affairs without first exhausting the grievance procedure laid down in the constitution in respect of grievances against the party or any other members,» the letter said.

Additionally, Suffolk police have detained more than 75 individuals it says are «confirmed» MS - 13 gang members in the United States illegally, and those individuals have been placed into deportation proceedings, Meyers said.

Members of the Suffolk police department who helped former chief James Burke cover up his beating of a heroin - addicted thief have been indicted and pleaded guilty in secret proceedings in federal court, according to a motion filed Wednesday in state Supreme Court.

Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria and section 116 of the Electoral Act 2010 (as amended) empowers INEC to conduct Recall proceedings against a member of the National Assembly, State House of Assembly, or the Area Council of the FCT, upon the receipt of a valid petition alleging a loss of confidence in the member, by more than 50 % of voters registered to vote in that member's constituency.

Carl Paladino was the last to testify in what was a long and at times grueling four days of proceedings before State Education Commissioner MaryEllen Elia — a hearing that was supposed to center on whether the two - term Buffalo School board member should be removed for violating board policy when he publicly disclosed information discussed in an executive session.

Urges all Member States to promptly and correctly transpose into their national legislation all existing EU and international legal instruments concerning organised crime, corruption and money laundering; urges Member States and the Commission to complete the Roadmap on the rights of suspects and accused persons in criminal proceedings, including a directive on pre-trial detention;

The proceedings of a new state commission designed to examine public corruption and campaign finance practices will not necessarily take place in public, its director said after the 25 - member panel met behind closed doors and without public notice.

It shall be a routine use of records in this system to disclose them in proceedings before any court or adjudicative or administrative body before which DOT or any agency thereof, appears, when (a) DOT, or any agency thereof, or (b) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her official capacity, or (c) Any employee of DOT or any agency thereof (including a member of the Coast Guard) in his / her individual capacity where DOT has agreed to represent the employee, or (d) The United States or any agency thereof, where DOT determines that the proceeding is likely to affect the United States, is a party to the proceeding or has an interest in such proceeding, and DOT determines that use of such records is relevant and necessary in the proceeding, provided, however, that in each case, DOT determines that disclosure of the records in the proceeding is a use of the information contained in the records that is compatible with the purpose for which the records were collected.

The Commission has informed Amazon and the competition authorities of the Member States that it has opened proceedings in this case.

The column that you refer to pointed out that you don't have to declare frequent flier miles as items of value in bankruptcy proceedings, citing the fact that as a member of the Mileage Plus program, the terms and conditions state that «accrued mileage and certificates do not constitute property of the member.»

Allianz's position on appeal was that reg 44/2001 provides that, when the court of one European member state becomes seised of a matter, all other European courts must not allow the same matter to proceed until the court first seised has ruled, even if the proceedings first seised have purportedly been brought in breach of a jurisdiction agreement.

With the Directives on the right to information in criminal proceedings and the right to access to a lawyer successfully passed, the Proposal for a Directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings marks a new step in the recent efforts of the Commission to create common EU framework of defence rights which minimally need to be respected by the Member States.

129 Furthermore, the fact that, in the context of applying European Union environmental legislation, certain matters contributing to the pollution of the air, sea or land territory of the Member States originate in an event which occurs partly outside that territory is not such as to call into question, in the light of the principles of customary international law capable of being relied upon in the main proceedings, the full applicability of European Union law in that territory (see to this effect, with regard to the application of competition law, Ahlström Osakeyhtiö and Others v Commission, paragraphs 15 to 18, and, with regard to hydrocarbons accidentally spilled beyond a Member State's territorial sea, Case C ‑ 188 / 07 Commune de Mesquer [2008] ECR I ‑ 4501, paragraphs 60 to 62).

The effect of this ruling is that even where a contract provides for arbitration in London and is subject to English law, if proceedings arising out of that contract are brought in the court of another European member state, the arbitration in England will have to wait until the proceedings in the foreign court have been stayed or jurisdiction has been declined by that court.

What will happen, if a member state decides, after the Directive enters into force in 2019, to extend considerably the limitation periods not only for new but also ongoing investigations, prosecution or judicial proceedings in VAT cases?

In cases where Member States do not respect their obligations under EU law, the Commission can take legal action against them in the form of infringement proceedings before the Court of Justice under Article 258 TFEIn cases where Member States do not respect their obligations under EU law, the Commission can take legal action against them in the form of infringement proceedings before the Court of Justice under Article 258 TFEin the form of infringement proceedings before the Court of Justice under Article 258 TFEU.

The rationale is set out in pragmatic terms in Ursula Becker v Finanzamt Münster - Innenstadt [1982] CJEU (Case 8/81) as follows: `... in cases in which the Community authorities have, by means of a directive, placed Member States under a duty to adopt a certain course of action, the effectiveness of such a measure would be diminished if persons were prevented from relying upon it in proceedings before a court....»

-- 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.

In its Taricco I judgment (analysed previously by M. Lassalle on this blog), the ECJ decided that national courts must disapply the rules of statutes of limitations periods for the duration of criminal proceedings pending before a court, if such rules were liable to have an adverse effect on fulfilling by the Member States their obligations under Article 325 TFEU.

According to the Court it «did no more than acknowledge the fact that, as stated by the Council in the course of the proceedings relating to that Opinion, there was no possibility of the required majority being obtained within the Council for the Union to be able to exercise alone the external competence that it shares with the Member States in this area.»

Whenever there is a divorce involving a British citizen and a person from an EU member state, the EU citizen could overrule the proceedings in British courts if they have filed for a divorce in their country first, yet the British citizen couldn't do the same in reverse.

I have represented employees in state and federal cases, in the Nebraska Workers Compensation Court, administrative proceedings in front of the Nebraska Department of Labor and Nebraska Equal Opportunity Commission and have also represented union members in arbitrations.

However, it does not seem to suggest that, if such rights are not correctly protected, new criminal proceedings can be initiated in another Member States.

Meanwhile, interesting chunks of legal knowledge that would be useful for political scientists to consider, such as the fact that member states» interventions in pending cases (a treaty prerogative) gains them access to all the submitted pleadings and other proceedings (p. 212), disappear to the background.

What is more, the Court's dicta seem to point in a direction where an interpretation of provisions of CFSP acts by the International Court of Justice in The Hague would appear problematic and Member States could accordingly see themselves threatened by infringement proceedings if they participate in such proceedings.

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iIn relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce iin order to implement or enforce it.

Accordingly, a party could not be obliged to participate in proceedings (para 219); also, the EU and its Member States thereby retained the power to examine whether the material requirements were fulfilled — which necessarily included a decision based on EU law (para 220 - 1).

First, the EU can only become co-respondent in proceedings relevant to EU law when a Member State is respondent in front of the ECtHR.

In the aforementioned cases pending before the CJEU, however, only the national dimension is relevant: the interested persons risk being subject to double proceedings in the same Member State (ItalyIn the aforementioned cases pending before the CJEU, however, only the national dimension is relevant: the interested persons risk being subject to double proceedings in the same Member State (Italyin the same Member State (Italy).

The Court concludes that, since the objective of the applicants in the main proceedings is to apply for international protection upon arrival in that Member State with the visa they applied for and therefore ultimately to stay in Belgium for more than 90 days, their visa application falls outside the scope of the Visa Code described above.

In administrative proceedings, the Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition CommissionIn administrative proceedings, the Swiss Competition Commission issued guidelines and held that a document may not be searched and seized if it relates to correspondence between a company investigated by the Commission and a registered Swiss attorney or attorneys authorised in member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition Commissionin member states of the EU or EFTA (which means that correspondence with attorneys from third - party states is not deemed to be protected under legal privilege by the Swiss Competition Commission).

If you or a family member would like to legally live, work or go to school in the United States, or if you have a relative or friend facing deportation proceedings, an experienced Florida immigration lawyer can help you navigate your options.

The Court instructs the national court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay, par.

the Commission's decision refers specifically, in many of its passages, to the consequences of the cartel at issue in the main proceedings within the European Community and the EEA, referring expressly to the «Member States of the time» and the States «which were contracting parties» to the EEA Agreement.

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

Article 22 (4) Brussels I awards exclusive jurisdiction in proceedings concerned with the registration or validity of registered intellectual property rights (patents, trademarks etc.) to the courts of the Member State of registration.

To simplify and speed up the extradition proceedings, mechanisms have been put in place within the EU Member States and for cooperation to provide a framework for these exchanges.

As the Advocate General Saugmandsgaard Øe pointed out (here), the ECJ was in essence asked to «determine whether there is a general principle of EU law that the authorities of the Member States are required to respect the independence of the national judges and, more particularly — in the light of the circumstances of the main proceedings — to maintain their remuneration at a constant level that is sufficient for them to be able to perform their duties freely.»

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal riState Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal ristate and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

In the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases addedIn the present case, since it is apparent from paragraphs 29 and 30 above that neither Directive 2004/17 nor its underlying general principles impose on Member States a specific obligation to lay down provisions requiring the contracting entity to grant its contractual partner an upwards price review after the award of a contract, the provisions of Legislative Decree No 163/2006 at issue in the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases addedin the main proceedings, in so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases addedin so far as they do not provide for periodic price review within the sectors covered by that directive, do not have any connection with that directive and can not, therefore, be regarded as implementing EU law (C - 152 / 17, paras 33 - 35, references omitted and emphases added).

The claimant was representative of a group of Iraqis numbering about 100 who either have brought, or wish to bring, judicial review proceedings against the Secretary of State for Defence alleging that they were ill - treated in detention in Iraq at various times between 2003 and 2008 by members of the British Armed forces in breach of Article 3.

The Recast Brussels Regulation (no. 1215/2012)(which applies to all member states of the European Union) applies to proceedings commenced on or after 10 January 2015 and provides that (subject to certain exceptions) both individuals and legal persons (e.g. companies) should be sued in the member state in which they are domiciled.

Mr. Clodfelter served for seven years as the U.S. State Department's Assistant Legal Adviser for International Claims and Investment Disputes and, as a member of the Senior Executive Service, led a large staff of attorneys in providing diplomatic protection of U.S. citizens and companies abroad and in representing the United States in international arbitration proceedings, including eleven investor - State claims under Chapter 11 of NAFTA and eight State - to - State cases.