Sentences with phrase «ruling under article»

The Strasbourg Court will only reach a ruling under Article 11 if it considers that this is the lex specialis to be applied in a given case, in other words whether its provisions are more relevant to the facts than those in Article 10.

REQUEST for a preliminary ruling under Article 267 TFEU from the Oberster Gerichtshof (Austria), made by decision of 14 February 2012, received at the Court on 19 March 2012, in the proceedings

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.

The Court of First Instance shall not be competent to hear and determine questions referred for a preliminary ruling under Article 234.

Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.

In the Court's words `... the fact that a measure of EU law has no binding effect does not preclude the Court from ruling on its interpretation in proceedings for a preliminary ruling under Article 267 TFEU.»

In the circumstances, the Commission finds that the Respondent did not put himself in a conflict of interest situation or contravene the conflict of interest rules under Article 284 of the 1992 Constitution.

Not exact matches

Since the EU General Data Protection Regulation was adopted in April 2016, TrustArc General Counsel and Chief Data Governance Officer Hilary Wandall CIPP / E, CIPP / US, CIPM, FIP and her company have been waiting to see what certification might look like under Articles 42 and 43 of the rules.

The election of directors (Proposal No. 1), the other proposals for the amendment of the Company's Articles (Proposal No. 2, and No. 3), the non-binding advisory resolution approving the Company's executive compensation (Proposal No. 6), the proposal to approve the Apple Inc. 2014 Employee Stock Plan (Proposal No. 7), and the five shareholder proposals (Proposals No. 8, No. 9, No. 10, No. 11, and the Floor Proposal) are considered non-routine matters under applicable rules.

Sweden: the promoter of the preliminary ruling (Case No. 7101 - 13), had their Tax Authority indicate that bitcoin was exempt as other currencies under Article 135 (1) letter e).

The ethics committee are bound by their rules to investigate any complaint by an executive committee member under article 16 of the ethics code.

Finally, examining Egypt's foreign policy, the article emphasises the rupture of the 1970s, from pan-Arabism under Nasser to the so - called «Egypt - first» policy of Sadat, preserved by Mubarak and the ruling council of today:

· Allowing counties an option to modify how they fund state mandated pension contributions · Providing counties more audit authority in the special education preschool program · Improving government efficiency and streamlining state and local legislative operations by removing the need for counties to pursue home rule legislative requests every two years with the state legislature in order to extend current local sales tax authority · Reducing administrative and reporting requirements for counties under Article 6 public health programs · Reforming the Workers Compensation system · Renewing Binding Arbitration, which is scheduled to sunset in June 2013, with a new definition of «ability to pay» for municipalities under fiscal distress, making it subject to the property tax cap (does not apply to NYC) where «ability to pay» will be defined as no more than 2 percent growth in the contract.

Applying the spirit of our national Constitution, this ethical rule can be interpreted to include the situation where a political office holder under Article 55 or a public officer under Article 284 of the 1992 Constitution puts himself in a situation where his personal interest in telling untruths, half - truth and out - right lies is in conflict with the functions of his office to the party and the public to speak the truth at all times.

1.2 «EGM» means an Extraordinary General Meeting 1.3 «NEC» means the National Executive Committee 1.4 «Rules» means Rules made by the NEC under this Constitution 1.5 Where the context so implies, the singular shall include the plural 1.6 Headings shall not form part of the meanings of Articles 1.7 «Branch» means a branch or constituency association 1.8 PPERA means the Political Parties, Elections and Referendums Act 2000 PART II NAME AND OBJECTIVES OF THE PARTY Name 2.1 The Party exists as a Political Party registered with the UK Electoral Commission under the PPERA.

He pointed out in his ruling that, «it must be made clear that the qualification to be a MP under this constitution is provided by article 94 of the constitution and the candidature of every prospective parliamentarian must certainly satisfy the provisions of article 94 of the constitution».

I mean, under current rules (law), can the article 7 trigger can theoretically also lead to financial losses due to less EU funds allocation to that particular country?

The framework for this strictly time - limited period, which can be agreed under Article 50, would be the existing structure of EU rules and regulations.

High Court rule that Government do not have power to trigger Article 50 under royal prerogative.

(4) what his estimate is of the number of people who will require a licence under the terms of Article 47 of the Council Regulation establishing a community control system for ensuring compliance with the rules of the Common Fisheries Policy; [249753]

(5) what assessment he has made of the likely effects of the proposals under Article 47 of the Council Regulation establishing a community control system for ensuring compliance with the rules of the Common Fisheries Policy on tourism; and if he will make a statement; [249754]

«To ask the Secretary of State for Environment, Food and Rural Affairs (1) what his estimate is of the number of boats in the UK that would require a licence or other form of authorisation to facilitate recreational fisheries under Article 47 of the Council Regulation establishing a community control system for ensuring compliance with the rules of the Common Fisheries Policy; [249749]

This article appeared in print under the headline «US ruling on breast cancer genes is a mixed blessing»

This article appeared in print under the headline «Subterranean sleuth rules out dark matter suspects»

I have a rule going on with myself that I will not consider any article of clothing right now unless: the item has to be full price for under $ 75 and at least 50 % off on sale.

Departments have been forced to publish the data under transparency rules Archives and past articles from the Philadelphia Inquirer, Philadelphia Daily News, and.

UPDATE: Dunn has a new article on the Endrew F. case, «Special Education Standards,» released online in April after the Supreme Court unanimously ruled that, under the Individuals with Disabilities Education Act (IDEA), public school students with disabilities are entitled to greater benefits than some lower courts had determined..

The NYS Charter Schools Act of 1998 was created for the following purposes: • Improve student learning and achievement; • Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students who are at - risk of academic failure; • Encourage the use of different and innovative teaching methods; • Create new professional opportunities for teachers, school administrators and other school personnel; • Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system; and • Provide schools with a method to change from rule - based to performance - based accountability systems by holding the schools established under this article accountable for meeting measurable student achievement results.

The administration granted waivers to states such as New York, New Mexico, and Oklahoma failed to consult with American Indian tribes on waiver plans as required by the administration's own rules for the waiver process, Article I, Section 8 of the U.S. Constitution, and under treaties between tribes and states themselves.

The article also references the closure of the Rochester Leadership Academy Charter School (a school under the management of the NHA) due to poor academic performance; however, given that the schools we examined exhibited slightly better academic performance than the schools in their surrounding districts, it is hard to know which is the exception and which is the rule.

(b)(1) Except as provided in paragraph (b)(2) of this clause, and unless otherwise specifically provided in the contract, all operational practices of the Contractor and all workmanship, material, equipment, and articles used in the performance of work under this contract shall be in accordance with the best commercial marine practices and the rules and requirements of all appropriate regulatory bodies including, but not limited to the American Bureau of Shipping, the U.S. Coast Guard, and the Institute of Electrical and Electronic Engineers, in effect at the time of Contractor's submission of offer, and shall be intended and approved for marine use.

Next he was sent to Malawi, Africa (then called the Nyasaland Protectorate, under British rule) where he taught at Soche Hill College and wrote sentimental articles for Christian Science Monitor.

(Michael's Note: This article has been updated for the upcoming 2017 Medicare Part B and Part D premium surcharges under the IRMAA rules.

(5) Adopt rules on the euthanasia of animals in the possession or custody of any person required to obtain a certificate of registration under this Article.

Of course a ton of it from pretty much anything critiquing sexist / misogynistic behavior (the rule is typically any article that talks about these issues is proven correct if you read the comments under the article:P).

At the end of the article we learn that by some accounts Norway indeed is already neutralizing all its emissions, it just can't get credit for some of its activities under the rules.

Modalities, rules and guidelines for accounting of LULUCF activities under Articles 3.3 and 3.4 of the Kyoto Protocol in the first commitment period

And if, as can easily happen, a claim involves both sets of rules (eg constructive trust and Sch 1) nobody knows whether a claim proceeds in the family courts under FPR 2010 or in the civil courts under CPR 1998; and each set of rules has their significant differences (as will be explained in forthcoming articles).

These publicly - available sites are akin to magazine articles or other publicly - disseminated media which were already permissible sources of information under existing ethics rules.

With this ruling the Court implicitly confirms its jurisprudence on the special rule of jurisdiction under Article 7 (2) of Regulation No 1215/2012 (Brussels I Regulation (recast)-RRB- for online infringements of personality rights.

The article states that the majority of courts now appear to require the proponent to authenticate a Web site under Rule 901 (b)(1) of the Federal Rules of Evidence, which permits authentication by» [t] estimony that a matter is what it is claimed to be.»

The Court found that he was not precluded from requesting a preliminary ruling since it was «not evidently... beyond doubt» that Mr Pringle would have had standing to bring an action under Article 263

Abandoning the «mosaic» approach to limit the number of potential jurisdictions would more likely reflect the rationale of the special rule of jurisdiction under Article 7 (2).

I understand that the concerned high court can be approached under article 226 of the Indian constitution to get the discriminatory rule of admission quashed.

To sum up, Chávez - Vílchez confirms that the protection under Article 20 TFEU and the genuine enjoyment rule can be quite powerful.

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.

One commentator has suggested that a failure to comply with the parties» agreement should not constitute a ground for refusal under article V (1)(d), where such failure is justified by the obligation to comply with the mandatory rules of the place of the arbitration.871 Other authors have argued that it should be assumed that the parties» intention was to be bound by an agreement that is valid at the place of arbitration, and that the reference to «agreement of the parties» must therefore be understood within the limits of the mandatory rules of the forum.872

The secondary role of the procedural rules where the arbitration took place was confirmed in a 1979 Report on the Convention by the United Nations Secretary General, which stated that the «priority given to the parties» wishes» under article V (1)(d) «is merely limited by the public policy ground under paragraph 2 (b).»

Courts have rejected challenges under article V (1)(d) where the parties choose institutional rules to govern their procedure that provide for flexibility concerning the manner in which the tribunal is to be composed.881 On the other hand, a German court refused recognition and enforcement where an award was rendered by two, instead of three arbitrators, as expressly required by the rules of the International Arbitration Court of the Belarusian Chamber of Commerce that the parties had agreed would govern their arbitration.882

Even where the composition of the tribunal or the procedure was valid under the procedural rules of the country where the arbitration took place, courts have denied recognition and enforcement under article V (1)(d) where those elements deviated from the parties» agreement.