Sentences with phrase «provision applies to your case»

The Court, however, leaves it up to the referring court to assess whether (1) the Italian system has the effect of neutralizing this «effective and dissuasive penalization» in a «considerable number of cases» (§ 47) and (2) whether the discussed provisions apply to cases of VAT evasion in the same manner as they apply to fraud affecting the Italian Republic's own financial interests.

Not exact matches

If a court decides that any provision of this paragraph is invalid or unenforceable, that provision will be severed and the other parts of this paragraph (and the remainder of these terms) will continue to apply, but in no case shall either you or Daily Harvest be permitted to participate in a class action lawsuit or class - wide arbitration..

In fact this provision may cause some confusion or be difficult to apply since it seems to suggest that in this case (the word «only» is very powerful) the matters referenced in s 2 (3) are cumulative (i.e. that the «and» in this case must be conjunctive (which is counter intuitive given the parallel structure of the provisions)-RRB-.

They should not only apply to state - citizen, but also to citizen - citizen relationships In the case of information provision there should be protection against information oligopolies organized by fellow - citizens.

In the case of some provisions that will apply from a time before the Bill is introduced, technical adjustments and additions to the versions contained in the March Bill will be made on introduction to ensure that they function as intended.

The Electoral Commission must not accept the nomination of a candidate listed on a bulk nomination schedule in any case where a Returning Officer would be required to reject the nomination of that candidate under section 145 (2) if the candidate had been nominated under section 143; and the provisions of subsections (2) to (5) of section 145 apply accordingly with all necessary modifications.

In such cases the provisions of paragraph 5 of this article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge.

Venditto and Genova declined, in an interview with Newsday after the meeting, to say whether the town code's conflict of interest provisions applied in Ippolito's case.

Whether that provision applies in this case, and how much taxpayers might have to pay, goes unaddressed in the DFS proposal.

(7) instructs the shadow Sponsor Board and Delivery Authority and their statutory successors to apply high standards of cost - effectiveness and demonstrate value for money in the business case, to report back to Parliament with up to date costings and a realistic timetable for the duration of the work, and to include measures to ensure: the repair and replacement of mechanical and electrical services, fire safety improvement works, the removal of asbestos, repairs to the external and internal fabric of the Palace, the removal of unnecessary and unsightly accretions to the Palace, the improvement of visitor access including the provision of new educational and other facilities for visitors and full access for people with disabilities;

Scalia believed his job in education cases was to read and apply the text of the law, and not allow his personal views on education to come in through the backdoor via free - ranging interpretations of vague statutory and constitutional provisions.

(B)(i) that such unit shall be located at an organizational level and shall have an organizational status within such State agency comparable to that of other major organizational units of such agency, or (ii) in the case of an agency described in clause (1)(B)(ii), either that such unit shall be so located and have such status, or that the director of such unit shall be the executive officer of such State agency; except that, in the case of a State which has designated only one State agency pursuant to clause (1) of this subsection, such State may, if it so desires, assign responsibility for the part of the plan under which vocational REHABILITATION services are provided for the blind to one organizational unit of such agency, and assign responsibility for the rest of the plan to another organizational unit of such agency, with the provisions of this clause applying separately to each of such units; provide for financial participation by the State, or if the State so elects, by the State and local agencies to meet the amount of the non - Federal share; provide that the plan shall be in effect in all political subdivisions, except that in the case of any activity which, in the judgment of the Secretary, is likely to assist in promoting the vocational REHABILITATION of substantially larger numbers of handicapped individuals or groups of handicapped individuals the Secretary may waive compliance with the requirement herein that the plan be in effect in all political subdivisions of the State to the extent and for such period as may be provided in accordance with regulations prescribed by him, but only if the non - Federal share of the * cost of such vocational REHABILITATION services is met from funds made available by a local agency (including, to the extent permitted by such regulations, funds contributed to such agency by a private agency, organization, or individual);

Under the new consent agreement provisions, a person, in this case Kobo, that is directly affected by a consent agreement, can apply to the Tribunal for rescission or variation of the consent agreement.

Also, the tax code includes a provision allowing tourists to exempt $ 200 in currency profits per trip, but I am not sure this would apply in this case.

It then proceeded to applied this principle to case before it: «[20] It follows from the foregoing that a body, whatever its legal form, which has been made responsible, pursuant to a measure adopted by the State, for providing a public service under the control of the State and has for that purpose special powers beyond those which result from the normal rules applicable in relations between individuals is included in any event among the bodies against which the provisions of a directive capable of having direct effect may be relied upon.»

Section 33 (3) through (9), in my view, creates a special type of «otherwise» under s. 32 (1)(c)-- an arrangement under which hourly rates are quoted, with a provision for applying to the court after the fact, for an increase in such hourly rate, based on the risk incurred in undertaking the case under an agreement to be paid only if successful.

~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~

Farrell 2 explains how national courts should apply the bundle of criteria (set out in paras [18] to [20] of Foster v British Gas [1990](Case C188 / 89) that are indicative of organisations so closely associated with the state that they are be fixed with the direct effect of the provisions of a directive.

Areas of law: Insurance law; Subrogation; Income replacement plan; Statutory exceptions ~ The Insurance Act's provisions excluding subrogation in cases where the insured receives income continuation or replacement payments apply where the party paying the benefits is an insurer under an insurance contract, but do not extend to employers ~

In these three orders, the SCC concluded that the constitutional questions did not meet the relevance test because, under the principle of primacy of EU law, a national provision that is found to be incompatible with EU law must be displaced and can not be applied by the national courts when deciding a case.

It is sensible for those EU nationals to apply now for an EEA Registration Certificate, which confirms that they are currently living and working lawfully in the UK under EU provisions, in case this fact becomes important in any future transitional arrangements.

The provisions of Article 14 paragraph 3 shall apply mutatis mutandis in the case of the proviso to the preceding paragraph.

Persons who have filed a petition for a Protection Order with a Written Petition that contains a false entry with regard to matters to be entered pursuant to the provisions of Article 12, paragraph 1 (including cases where the provisions of Article 12, paragraph 1 are applied with the replacement of terms pursuant to the provisions of Article 18, paragraph 2) shall be punished by a non-penal fine of not more than 100,000 yen.

(3) The provisions of Article 15, paragraph 3 and paragraph 7 of the preceding Article shall apply mutatis mutandis to the cases set forth in the preceding two paragraphs.

The decision is notable because it is the most recent of a small number of cases to have applied the workplace - specific duty set out in the criminal negligence provisions of the Criminal Code.

Article 30 Persons who have filed a petition for a Protection Order with a Written Petition that contains a false entry with regard to matters to be entered pursuant to the provisions of Article 12, paragraph 1 (including cases where the provisions of Article 12, paragraph 1 are applied with the replacement of terms pursuant to the provisions of Article 18, paragraph 2) shall be punished by a non-penal fine of not more than 100,000 yen.

In that case, «the Ontario Court of Appeal refused to salvage an ESA - only termination clause by applying a severability provision to the last paragraph of the termination clause that violated the ESA by denying an employee his commissions.»

(8) The provisions of paragraph 3 of the preceding Article shall apply mutatis mutandis to the cases set forth in paragraph 3 and paragraph 4 and when the appellate court has revoked a Protection Order.

In a most thorough analysis of both the case law to date as well as the statutory provisions which apply, the court decided that:

On March 29, 2016, the Second Circuit addressed the breadth and application of the Bankruptcy Code's safe harbor provisions in an opinion that applied to two cases before it.

«[The] application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, trade between Member States within the meaning of the Dassonville judgment (Case 8/74 [1974] ECR 837), so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and of those from other Member States» (Keck, para. 16)(emphasis added).

Like the Netherlands Government, I think that Article 28 (3) of Directive 2004/38 does not apply to the case of Mr I., since his conduct and the way in which the acts were committed show that the true position is that he was not actually integrated and can not, therefore, benefit from the enhanced protection provided for in that provision.

One of the fall - back provisions, which usually applies in tax avoidance cases due to the delay in HMRC bringing their claim, is three years from the date in which someone is reasonably put on notice as to the potential for a claim against the professional.

29 That said, where a court of a Member State is called upon to review whether fundamental rights are complied with by a national provision or measure which, in a situation where action of the Member States is not entirely determined by European Union law, implements the latter for the purposes of Article 51 (1) of the Charter, national authorities and courts remain free to apply national standards of protection of fundamental rights, provided that the level of protection provided for by the Charter, as interpreted by the Court, and the primacy, unity and effectiveness of European Union law are not thereby compromised (see, in relation to the latter aspect, Case C - 399 / 11 Melloni [2013] ECR I - 0000, paragraph 60).

First, where a Will is made which fails to make reasonable financial provision from the estate for the claimant and second, if no Will was made at all, in which case the intestacy laws apply.

TUPE therefore created the notion of «service provision change» that, in effect, alters (and gold - plates) the position under the Directive, allowing TUPE to apply in most cases.

(i) where there is a breach of a right afforded under EU law, article 47 of the Charter is engaged; (ii) the right to an effective remedy for breach of EU law rights provided for by article 47 embodies a general principle of EU law; (iii)(subject to exceptions which have no application in the present case) that general principle has horizontal effect; (iv) in so far as a provision of national law conflicts with the requirement for an effective remedy in article 47, the domestic courts can and must disapply the conflicting provision; and (v) the only exception to (iv) is that the court may be required to apply a conflicting domestic provision where the court would otherwise have to redesign the fabric of the legislative scheme.

The court in Lloyd, a firearms offence case, stated that «mandatory minimum sentence provisions that apply to offences can be committed in various ways, under a broad array of circumstances and by a wide range of people are constitutionally vulnerable.»

These provisions rarely apply, but if they are relevant to your case, our Bakersfield auto accident lawyers can help you sort them out.)

These periods of limitations vary according to the type or kind of case involved, and there are many exceptions and special circumstances where modifications or extensions to these provisions might apply.

Second, in the case the provisions of Directive 2006/115 were not to apply, authors would not participate in the exploitation of their works by way of e-lending.

These latter two provisions can be challenging to apply to the facts of a case.

Back then to WS v HS: in that case Cobb J reviewed a variety of statutory provisions which might be said to impact on the case before him: Married Women's Property Act 1882, s 17, Matrimonial Causes Act 1973, Pt 2, Family Law Act 1996, s 33 and Trusts of Land and Appointment of Trustees Act 1996, ss 14 and 15, and FPR 2010, r 20.2 (1)(v)(sale of property subject to an application) applied.

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

Instead of interpreting the concept of public body in such a broad way as to include DVGW, the Advocate General choose to apply the Bosman, Viking and Laval cases by analogy, arguing that «rules of any other nature aimed at regulating in a collective manner gainful employment, self - employment and the provision of services» should also be extended to the case at hand and the free movement of goods.

In the former case, it would be incumbent on courts to identify any germane international human rights documents, apply that meaning to the relevant Charter provision, and then either accept that definition or seek to rebut it by meeting an unknown standard.

This website also provides you with easy - to - use tools to find case law on how the courts have interpreted and applied the New York Convention's provisions (more than 1750 court decisions from more than 65 countries).

Second, as to the public policy argument that the duty to mitigate should not be applied in cases where the person only takes new, lower, employment in order to survive, I look to the provisions of the Employment Insurance Act, S.C. 1996, c. 23.

Along the same lines, and although there is no equivalent provision in Directive 89/665 and Directive 92/13 (both as amended by dir 2007/66), it is submitted that the same restrictions to the disclosure of information apply in bid protests and review procedures, so that contracting authorities (in the case of mandatory reviews prior to challenges, or otherwise) and independent review bodies are bound to prevent disclosures of information that could result in restrictions or distortions of competition.

There seems to be thus a shift away from the distinction between direct effect and review of legality and back to the earlier classic direct effect case law, i.e. a mere examination whether an agreement does not as a whole preclude any effect as a benchmark for review in the EU legal order and whether the provision to be applied regulates individuals in a sufficiently direct way.