Sentences with phrase «subparagraph 111ck»

By way of derogation from the second paragraph of Article 189 of the Treaty establishing the European Community and from the second paragraph of Article 107 of the Treaty establishing the European Atomic Energy Community, in the event of the entry into force of accession treaties after the adoption of the Council decision provided for in the second subparagraph of paragraph 3 of this Article, the number of members of the European Parliament may temporarily exceed 732 for the period for which that decision applies.

The same correction as that referred to in the first subparagraph of paragraph 3 of this Article shall be applied to the number of representatives to be elected in the Member States in question.

(1) Paragraph 2 of subrule 76.02 (1) of the Regulation is amended by striking out «$ 50,000» in the portion before subparagraph i and substituting «$ 100,000».

45.1 If an insured person who is under 18 years of age at the time of the accident sustains a traumatic brain injury that meets the criteria in subparagraph 5 i or 5 ii of subsection 3.1 (1) and that was caused by an accident that occurs on or after June 1, 2016, the person may submit an application under subsection 45 (1) and subsections 45 (2) to (5) do not apply, and the impairment is deemed to be a catastrophic impairment for the purposes of subsection 45 (6).

(a) the amount specified in subparagraph 4 i or ii, as the case may be, of subsection 28 (1), if the year is the first year the optional indexation benefit applies, or

i. the person qualifies for a benefit under subparagraph 1 i of subsection 5 (1) and was a self - employed person at any time during the four weeks before the accident, or

These include, at subparagraph (l), an order adjourning the trial.

[8] The orders permitted by Rule 12 - 2 (9) are, broadly speaking, procedural in that they deal with the conduct of the trial, including how certain evidence is to be presented, the length of the trial and, in subparagraph (q), «any other matter that may assist in making the trial more efficient.»

The necessary requirements are conveniently set out at paragraph 33 in the judgment of Eder J in Elektromotive Group Ltd v Christopher Pan [2012] EWHC 2742 (QB) and in particular at subparagraph (i) in relation to the risk of dissipation of assets.

That where the chargee enters on and takes possession of the land on default as described in subparagraph v, the chargee shall have quiet enjoyment of the land.

Giving strength to the above position, Article 2, subparagraph (a), of the UNCITRAL Model Law on Electronic Signatures defines electronic signature as data in electronic form in, affixed to or logically associated with, a data message, which may be used to «identify the signatory» in relation to the data message and to «indicate the signatory's approval of the information contained in the data message».

56 In those circumstances, although, in order to ensure the effectiveness of the first sentence of the second subparagraph of Article 2 (2) of Directive 2003/4, a broad interpretation of «legislative process» should be adopted, including the different stages of that process until the promulgation of any law that may be adopted in that process, prolonging the derogation from the principle, set out in Article 1 of the directive, of the right of access to environmental information beyond the end of that process does not appear to be justified.

20 -LSB-...] according to the first subparagraph of Article 100 (2) of the Financial Regulation, the contracting authority is required to notify all candidates or tenderers whose applications or tenders are rejected of the grounds on which the decision was taken, and to notify all tenderers whose tenders are admissible and who make a request in writing of the characteristics and relative advantages of the successful tender and the name of the tenderer to whom the contract has been awarded.

(1.1) Despite subsection (1), an insurer is not required to pay for an assessment or examination referred to in subparagraph 11 ii of subsection (1) if the expense for the assessment or examination is incurred,

If, after taking reasonable steps, the insurer is unable to arrange for a qualified person to conduct the examination at a location within the distance required under subparagraph 2 i or ii, as applicable, the insurer may arrange for the examination to be conducted by a qualified person at a location that is reasonable in the circumstances.

Accordingly, Judge Schechter found that subparagraph (b) did not authorize New York to take jurisdiction.

$ 775 if the assessment or examination is conducted by one or more members of a health profession and none of them are physicians described in subparagraph i. O. Reg.

(8) For the purpose of subparagraph iii of paragraph 3 of subsection (1), the outstanding balance with respect to medical, rehabilitation and attendant care benefits is calculated by subtracting the total of medical, rehabilitation and attendant care benefits paid by the insurer in the year preceding January 1 of the year to which the optional indexation benefit applies from the indexation balance calculated under subsection (9).

(a) in the first year the optional indexation benefit applies, the amount specified in sub-subparagraph A or B, as the case may be, of subparagraph ii of paragraph 3 of subsection 27 (1);

(4) For the purpose of subparagraph i of paragraph 3 of subsection (1), the outstanding balance with respect to medical and rehabilitation benefits is calculated by subtracting the total of medical and rehabilitation benefits paid by the insurer in the year preceding January 1 of the year to which the optional indexation benefit applies from the indexation balance calculated under subsection (5).

(6) For the purpose of subparagraph ii of paragraph 3 of subsection (1), the outstanding balance with respect to attendant care benefits is calculated by subtracting the total of attendant care benefits paid by the insurer in the year preceding January 1 of the year to which the optional indexation benefit applies from the indexation balance calculated under subsection (7).

50 kilometres from the insured person's residence, if the residence is not in a municipality described in subparagraph i.

fixes the amount payable under paragraph 3 of subsection 25 (2) at $ 50,000 if the accident occurred on or after October 1, 2003, instead of the amount specified in subparagraph 3 i of subsection 25 (2), and

An optional income replacement benefit that fixes the amount referred to in subparagraph ii of paragraph 2 of subsection 7 (1) at $ 600, $ 800 or $ 1,000, as selected by the named insured under the policy, for the purpose of determining the weekly amount of an income replacement benefit.

The Bump Denial Rule in Subparagraph 88 (1)(c)(vi) Canadian Tax Foundation Annual Conference, Toronto September 1998

b. individuals who do not fall within subparagraph (a) but have used one or more Wireless Devices in Canada since 2001

This reasoning is set out in paragraphs 90 to 106 and is a highly recommendable read with the CJEU concluding that «the protection conferred by Article 47 of the Charter does not require that an individual should have an unconditional entitlement to bring an action for annulment of European Union legislative acts directly before the Courts of the European Union» nor «that fundamental right [or] the second subparagraph of Article 19 (1) TEU require that an individual should be entitled to bring actions against such acts, as their primary subject matter, before the national courts or tribunals» (paras 105 - 106).

It follows that, in a situation such as that at issue in the main proceedings, the condition in the first subparagraph of Article 23 (2) of Regulation No 1/2003 is met.»

i. the person qualifies for a benefit under subparagraph 1 i of section 5 and was a self - employed person at any time during the four weeks before the accident, or

(5) For the purpose of subparagraph 3 ii of subsection (1), the outstanding balance with respect to attendant care benefits is the amount calculated using the formula,

(4) If, under subparagraph i or iii of paragraph 1 or subparagraph i or iii of paragraph 2 of subsection (2), a person has recourse against more than one insurer for the payment of statutory accident benefits, the person, in his or her absolute discretion, may decide the insurer from which he or she will claim the benefits.

An optional attendant care benefit of up to $ 72,000 in respect of an insured person for any one accident in which the impairment sustained by the person is not a catastrophic impairment, instead of the maximum amount specified in subparagraph 2 ii of subsection 19 (3).

the greater of the amount determined for the purposes of subparagraph i and $ 185, if the weekly income replacement benefit is for a week for which the person is entitled to receive an income replacement benefit after the first 104 weeks of disability.

In the case of a person referred to in subparagraph 1 i of section 5 who was not a self - employed person at any time during the four weeks before the accident, the person's gross annual employment income is whichever of the following amounts the person designates:

(8) For the purpose of subparagraph 4 ii of subsection (1), the outstanding balance with respect to attendant care benefits is calculated using the formula,

if recovery is unavailable under subparagraph i or ii, the occupant has recourse against the insurer of any other automobile involved in the incident from which the entitlement to statutory accident benefits arose,

(7) For the purpose of subparagraph 4 i of subsection (1), the outstanding balance with respect to medical and rehabilitation benefits is calculated using the formula,

If the person described in subparagraph 2 i was self - employed for at least one year before the accident, the person may designate as his or her gross annual employment income the amount of his or her gross employment income during the last fiscal year of the business that ended on or before the day of the accident.

(6) For the purpose of subparagraph 3 iii of subsection (1), the outstanding balance with respect to medical, rehabilitation and attendant care benefits is calculated using the formula,

if recovery is unavailable under subparagraph i, ii or iii, the occupant has recourse against the Motor Vehicle Accident Claims Fund.

(4) For the purpose of subparagraph 3 i of subsection (1), the outstanding balance with respect to medical and rehabilitation benefits is the amount calculated using the formula,

in the case of a designated person other than one described in subparagraph i, is the English - language public district school board the area of jurisdiction of which includes all or the major part of the area of jurisdiction of the old board that designated the person.

fixes the amount payable under paragraph 2 of subsection 26 (2) at $ 20,000, instead of the amount specified in subparagraph 2 i of subsection 26 (2),

i. fixes the amount payable under paragraph 1 of subsection 26 (2) at $ 50,000, instead of the amount specified in subparagraph 1 i of subsection 26 (2),

agree to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law (see, to that effect, judgment of 27 February 2018, Associação Sindical dos Juízes Portugueses, C ‑ 64 / 16, EU: C: 2018:117, paragraph 34), disputes which may concern the application or interpretation of EU law.

123 However, where the SCI concerned hosts a priority natural habitat type and / or a priority species, the only considerations which may be raised, under the second subparagraph of Article 6 (4) of Directive 92/43, are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.

And so it could hedge its bets and formulate the norm as prohibiting Member States «to remove from the jurisdiction of their own courts, and hence from the system of judicial remedies which the second subparagraph of Article 19 (1) TEU requires them to establish in the fields covered by EU law, disputes which may concern the application or interpretation of EU law.»

20 That definition of the field of application of the fundamental rights of the European Union is borne out by the explanations relating to Article 51 of the Charter, which, in accordance with the third subparagraph of Article 6 (1) TEU and Article 52 (7) of the Charter, have to be taken into consideration for the purpose of interpreting it (see, to this effect, Case C - 279 / 09 DEB [2010] ECR I ‑ 13849, paragraph 32).

(2) Possess or distribute a record which produces an image or sound occurring at the animal facility which was produced as provided in subparagraph (1).

79 According to recital 3 in the preamble to Directive 2003/109, the directive respects the fundamental rights and observes the principles recognised, inter alia, by the Charter which, according to the first subparagraph of Article 6 (1) TEU, is to have the same legal value as the Treaties.