Sentences with phrase «scope of its application»

«Some don't know that they may be eligible for multiple benefits; others just simply don't understand the question,» she says, noting that the question applies only to those who are still eligible to «restrict the scope of the application to spousal benefits only» or what some refer to as filing a restricted application.

In fact, in a parallel passage, Hartshorne even speaks of psychical terms as merely «almost categorial» because of this difference in their scope of application from «the strictly categorial notions» like «relativity» (1970a, 154).

But this implies that any psychical concept that is truly analogical must be just as universal in its scope of application as a purely formal term like «relativity,» provided only that this term is taken, as it should be, in the sense in which it alone explicates the meaning of «concrete singular,» whether event or individual.

Our chief lack has been, not in directive principles from Jesus, but in the scope of their application by Christians.

The scope of applications ranges from confectionery, snacks, dairy and bakery products to ice cream, soft drinks and alcoholic beverages.

Some have a very localized scope of application (e.g. one country or even one region in a given country), whereas others are applied internationally.

«This allows for a wide scope of applications,» notes Campbell.

Assessing the real threats will be difficult with a technology this young, but its relative ease of use and the scope of applications will make it more challenging, Ossorio says.

«As long as these descriptions of nature remain confined to their own scope of application, they can not contribute to a unified theory that captures physics at the boundary between these specialized regimes,» the researchers wrote in the study.

Only Albion has this scope of application and continued innovation in mineral nutrition for life.

But the scope of the applications also reveal a critical element for policymakers, educators, and the public to understand.

Adam II will release the world's first Modular Based Software Architecture which will further expand the scope of application development and use nearly every single hardware feature in a «user customizable» application.

So, if you are a widow or widower, you may start your survivor benefit independently of your retirement benefit if you restrict the scope of your application.

Scope of Application These Terms and Conditions apply to all orders of goods using the Design Hotels ™ Shop on www.designhotels.cc.

Like most of the other Bilateral Agreements, this Agreement provides that the relevant EU law shall apply within its scope of application (Article 2 of the Agreement).

The Court bolsters the right to data protection, first, by ensuring the broad scope of application of the Directive.

The Court, by adopting a literal interpretation of the concept of controller and eschewing any subjective component, preserved the broad scope of application of the Directive and emphasised the importance of such a broad scope of application for the effectiveness of data protection rules.

In order to reduce the scope of application of the Directive, the Advocate General incorporated a subjective element to the concept of the controller (arguing that a controller must have «awareness» of the existence of the personal data it was processing).

While air transport services remain special in the eyes of the Court, and thus are not subjected to the full regime of article 56 TFEU, Member States must refrain from discriminating air transport service providers (and receivers too probably) whose situation falls within the scope of application of the Treaties.

[a] tax measure such as that at issue in the main proceedings, which is, according to the referring court's description of its history and purpose, intended to prevent excessive capital flow towards the Netherlands Antilles and to counter the appeal of that OCT as a tax haven, comes under the tax carve - out clause cited above and remains, consequently, outside the scope of application of Article 47 (1) of the [Seventh] OCT Decision, provided it pursues that objective in an effective and proportionate manner, which is a matter for the referring court to assess.

We have covered on this blog the remarkable Åkerberg Fransson decision (see here and here), in which the Court essentially held that the scope of application of EU fundamental rights was identical to that of the scope of application of EU law itself.

In particular, since the geographical scope of application of the GDPR may, de facto, reach well beyond the European Union, it is highly relevant also for sports stakeholders domiciled, for example, in Switzerland.

However, for article 18 TFEU to be applicable, the situation had to fall within the scope of application of the Treaties.

The granting of such a license is independent of whether flights are operated within the EU or also to and from third countries and as such does not limit the scope of application of the Regulation to intra-EU flights.

This is not to say that the demarcation between a discrimination test and an obstacles approach is always that clear, nor is the Court's approach on when a situation falls within the scope of application of the Treaties, but it is a decent compromise between two, on the face of it, incompatible articles.

The limited scope of application of the rule is illustrated by Neil and Strother.

Furthermore, it is argued that while the prior involvement procedure is not absolutely necessary, the scope of application of EU fundamental rights vis - à - vis the Member States does need further clarification and prior compliance control with regard to the Charter is required (Christiaan Timmermans); and that the co-respondent mechanism represents an entirely new approach within ECHR law (Giorgio Gaja).

As regards to the scope of application of the Charter, the approach of the CJEU is to be welcomed in my opinion.

Firstly, according to former Article 3, § 2 LPMC professions, dentist and physiotherapists were excluded from its scope of application; these professions were covered by a separate Act on unfair trade practices applying to professions, the Act of 2 August 2002 on misleading advertising, comparative advertising, unfair terms and distance contracts pertaining to professions («2002 Act»).

For instance, the Belgian Law of 6 April 2010 on commercial practices, consumer information and consumer protection («LPMC») still excludes certain professions from its scope of application and includes strict rules on discount prices and on the organization of travelling trading and fairground activities.

The Court's response on the Charter is predictable and, most importantly, does not test emerging principles governing that instrument's scope of application.

Excuse me, but I suggest that we first ask ourselves whether cartel facilitators should be included in the scope of application of Article 101, and only if the answer is yes, care about whether the Court has given the proper reasons for this conclusion.

First, the CJEU firmly took sides in the debate on whether the Charter has a different scope of application than the case law based fundamental rights regime.

It would have been nice of course if the Court explained the scope of application of 101 to cartel facilitators a bit more, but practice and academia can provide commentary before the Court has another go at this issue.

Considering the discriminatory character of the disputed drawing in the calendar, the issue presented a question of the impact of the fundamental rights on the scope of application of parody exception.

However, though national authorities and courts of all Member States of the EU are still bound by the ECHR and other relevant international law when applying national immigration and asylum law, their scope of application may not reach as far as the Charter would have reached, and at present is regarded as applicable to potential applicants for international protection that have not yet entered the territories of the states bound by them.

Article 3 (1) of Directive 2002/14 offers a good example of «substantive and direct» concretisation, as this provision concerns based on its title the scope of application of the rights enshrined in the Directive (para 65).

Article 4 (1) of the Data Protection Directive (hereinafter DPD) determines the geographic scope of application of the Directive.

Article 3 (1) lays down the personal scope of application of the right to information and consultation and thus forms part of the content of Article 27 of the Charter that can be enforced before a court (para 66).

Within the scope of application of EU law national courts can already now apply higher standards of fundamental rights protection based on the ECHR and are obliged in cases of doubt to submit a question to the CJEU in the framework of a preliminary reference procedure.

The scope of application of the proposed directive is thus limited in two ways.

Thus, as things currently stand, the UK faces the prospect of having to choose between signing a comprehensive free trade agreement with the EU which will explicitly exclude the territory of Gibraltar from its scope of application, on the one hand, and leaving the EU without any agreement at all governing future relations, on the other.

This means that shops, cafés, restaurants, but also complementary wireless networks on public transport fall within the scope of application of Article 12.

It thus remains to be seen whether the CJEU's ruling will have any impact on the ongoing negotiations and the scope of application of the future Directive.

This judgment appears to signal a retreat by the Court from the expansive understanding of the scope of application which was laid down in Fransson.

The Dutch reference for a preliminary ruling is based on the following facts: A report commissioned by the Dutch Ministry of Education, Culture had opined that the lending of e-books did not fall within the scope of application of Directive 2006/115 (as transposed into Dutch law) and, as a result, libraries could not benefit from an exception to the exclusive lending right to lend e-books to the public.

This question was whether the lending of certain works of literature (excluding e.g. academic textbooks) falls within the scope of application of Directive 2006/115 if:

In Willems, the Court dealt with the scope of application of EU fundamental rights with respect to Member State measures.

So in Fransson the Court held that national measures which were connected in part to a specific obligation imposed by EU law on the Member State fell within the scope of application of EU law, and therefore of the Charter.

No issue, I think, in using recitals to define the proper scope of regulation, and in turn, the scope of application of EU law in the area.