Sentences with phrase «under national law»

However, information can potentially be withheld in cases of business secrets and information considered confidential under the national laws of the responding state.

In the instant case, it was common ground that the applicants all had access to a court under national law and that, accordingly, Art 6 (1) was applicable.

(1) A child shall be legitimate where at the time of the child's birth the child was legitimate under the national law of one of the spouses.

In general terms, if you ask the court of a sovereign state to probate a will, the court will inquire if the will is valid under national law.

Mongolia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Mongolia.»

Cardinal Timothy Dolan was buoyed by the enthusiasm at the March for Life demonstration Friday to support President Donald Trump's move to restrict or end abortion under national law, but Dolan admitted the fight will be more difficult in New York.

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.

The ECJ has ruled that it is essential for national law to guarantee that the national authorities will effectively apply the directive in full, that the legal position under national law should be sufficiently precise and clear and that individuals are made aware of all their rights and, where appropriate, may rely on them before the national courts.

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.

«Articles 49 TFEU and 54 TFEU are to be interpreted as precluding national legislation which enables companies established under national law to convert, but does not allow, in a general manner, companies governed by the law of another Member State to convert to companies governed by national law by incorporating such a company.»

For injunctions, the opinion suggested that although they are indivisible by nature, even a national court which is only competent to rule on part of the damages that have occurred would still be competent to rule on all other remedies available under national law (including a request to correct false information).

Instead, a wide variety of admissibility standards exist under national laws, meaning that some Member States have insufficient mechanisms to prevent meritless actions from being filed and pursued.

As the above analysis suggests, the AG's opinion offers a lengthy and mitigated assessment of the six cumulative requirements that general data retention obligations under national law should meet.

These means may include provisions whereby persons or organisations with a legitimate interest under national law in the withdrawal of advertising which is incompatible with this Directive may take legal proceedings against such advertising or bring such advertising to the attention of an administrative body competent to give a ruling on complaints or to institute the appropriate legal proceedings.

It also affects (i) millions of motor insurance policies that all contain unlawful restrictions and exclusions of liability (ii) the role of the Motor Insurance Bureau and (iii) the entitlement of victims under our national law.

In FBTO Schadeverzekeringen, it was held that under EU law the right is subject only to the conditions that the insurer must be domiciled in a member state and that such a direct action must be permitted under national law.

Declaration: «Afghanistan will apply the Convention only to: (i) recognition and enforcement of awards made in the territory of another Contracting State; and (ii) differences arising out of legal relationships whether contractual or not which are considered as commercial under the national law of Afghanistan.»

Under Art 68 ECT, jurisdiction to request a preliminary ruling on Title IV or acts adopted under that title is confined to national courts against whose decisions there is no judicial remedy under national law.

Cardinal Timothy Dolan was buoyed by the enthusiasm at the March for Life demonstration in D.C. today to support Trump's move to restrict or end abortion under national law, but admitted the fight will be more difficult in New York.

To rebut the presumption that a servant of the state does not have rights under Art 6 (1) of the European Convention on Human Rights (the Convention) the respondent state would have to demonstrate, first, that a civil servant applicant does not have a right of access to a court under national law and, second, that the exclusion of the rights under Art 6 is justified.

As a consequence, the fact that there are frequently difficulties when interpreting a particular expression in various Member States and that there are conflicting lines of case - law implies that «a national court or tribunal against whose decisions there is no judicial remedy under national law must comply with its obligation to make a reference to the Court, in order to avert the risk of an incorrect interpretation of EU law» (paragraph 44).

In principle, it seems thus that EEA law allows that under national law the Supreme Court of Iceland could amend the District Court's request for an advisory opinion.

Furthermore, it authorizes EFTA States expressly to limit in their internal legislation the right to request such an advisory opinion to «courts and tribunals against whose decisions there is no judicial remedy under national law».

It added that it should be noted that «EFTA citizens and economic operators benefit from the obligation of courts of the EU Member States against whose decision there is no judicial remedy under national law to make a reference to the ECJ (see Case C - 452 / 01 Ospelt and Schlössle Weissenberg [1993 (sic)-RSB- ECR I - 9743)».

Referring to the possibility offered by paragraph 3 of article I of the Convention, the Central African Republic declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State; it further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract - ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

«The Republic of Cyprus will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State; furthermore it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.»

(b) The Kingdom of Bhutan will apply the Convention only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national laws.»

«The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States.»

The Republic of Bosnia and Herzegovina will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Bosnia and Herzegovina.»

It will also apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Declaration made upon ratification: «The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.»

In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State of Bahrain.»