Sentences with phrase «required under the national law»

In the Vale case the Court stated that a Member State may restrict a company governed by its law to retain the status of the company established under the law of that Member State if the company intends to move its seat to another Member State, thereby breaking the connecting factor required under the national law of the Member State of incorporation.

Not exact matches

Exporters of animal products are required under Australian law to participate in a national residue management program and export industries, such the red meat, pork and seafood industries, use the NRS to satisfy these obligations.

Each local educational agency that participates in the National School Lunch Program or other federal child nutrition programs is required by federal law to establish a local school wellness policy for all schools under its jurisdiction.

Under state law, these delegates were required to vote on the first ballot at the Republican National Convention for the winner of the statewide primary.

The government is required under federal law to protect this property — and the Drexel researchers have helped them do just that, via a partnership with the Air Force and New Jersey Air National Guard lasting more than a decade.

In the absence of a court adjudicating what equity requires of nations in setting their national climate change commitments, a possibility but far from a guarantee under existing international and national law (for an explanation of some of the litigation issues, Buiti, 2011), the best hope for encouraging nations to improve the ambition of their national emissions reductions commitments on the basis of equity and justice is the creation of a mechanism under the UNFCCC that requires nations to explain their how they quantitatively took equity into account in establishing their INDCs and why their INDC is consistent with the nation's ethical obligations to people who are most vulnerable to climate change and the above principles of international law.

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.

The power of the Member States to define the connecting factor required of a company to be regarded as a company under its national law is not infringed by the obligation under Article 49 and 54 TFEU to permit a cross-border conversion (par.

According to Draeger Inc., a national Interlock company, all 50 states in the U.S. have adopted laws that allow or require the installation of interlock devices to prevent convicted offenders from driving under the influence.

Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State.

The transaction, the terms of which were announced on April 17, 2018 following approval by the National Company Law Tribunal in India, requires the approval of the shareholders of Vedanta Resources, Vedanta Limited's parent company, as a Class 1 transaction under the U.K. Listing Rules.

This morning, the National Law Journal is reporting on a class action filed in California, claiming that Facebook is using names and images of minors for advertising purposes without getting parents» permission as required under California lLaw Journal is reporting on a class action filed in California, claiming that Facebook is using names and images of minors for advertising purposes without getting parents» permission as required under California lawlaw.

(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.

In summary, as the analysis will be subsequently focus on the jurisdictional question, the AG favours a more or less full protection of a company's personality rights under Article 16 and 17 of the EU Charter (paras 41 - 51) but also stresses that companies enjoy certain rights under national statutory law, which is why the question does not require addressing in the first place (paras 52 - 60).

In essence, the CJEU rejected this argument on the narrow basis that it was required to abide by the national court's decision requesting a preliminary ruling unless that decision had been overturned under the relevant national law (§ § 22 - 23).

There are also going to easy questions, like, for example, whether a regulator acting under a public interest mandate should have an accurate name that the public understands or provide its imprimatur to — as one national newspaper has put it — a «gay - free» law school or, indeed, to take the highest profile example of late, require its members to act in ways that promote equality, diversity and inclusion.2 I don't say that these questions are easy because everyone will agree on them — clearly people have not and do not.

[18] Lord Mance himself (writing for a group of four judges on a seven - judge court) found it, in the context of a decision stripping a British national of citizenship (with the corollary that he would also lose the benefits of being a European Union national), «improbable that the nature, strictness or outcome of such a review would differ according to whether it was conducted under domestic principles or whether it was also required to be conducted by reference to a principle of proportionality derived from Union law».

NOTE: Escrowing of arbitration awards to secure timely payment as addressed in Section 53 (b - c) is not required in states where escrowing awards by associations is prohibitively expensive, and where the state association recommends alternative aggressive and cost - effective enforcement procedures that maximize enforcement / payment under state law, and local associations adopt those procedures, provided that nothing in those procedures is prohibited by National Association policy.

Testifying before the House Financial Services Subcommittee on Insurance and Housing, Barry Rutenberg, immediate past chairman of NAHB and a home builder from Gainesville, Fla., said a key concern of the law is that it requires properties that had subsidized rates under the National Flood Insurance Program (NFIP) to immediately move to the full actuarial risk rate when they are sold or transferred.