Translation of "Das fallrecht" in English

It reflects, in fact, the case law of the Court of Justice.

Court of Justice case-law clearly allows for company mobility.

There's case law, precedent.

In the framework of this analysis, the following questions must be asked and answered: i) Does the case fall within the field of application of the nondiscrimination law that is to be applied in the relevant EC Member State? ii) If so, can the victim of the alleged discrimination prove that there is apparent indirect discrimination on a particular ground? iii) If so, can the perpetrator prove that there is objective justification (i.e. a legitimate aim and proportionate means employed to reach this aim) that will prevent a finding of indirect discrimination?

Has case law applied the concept ol indirect discrimination? tion?

It is then my intention, and I will also put it to the committee, to bring the compromise amendments before Parliament in February, so that we can proceed to the final vote.

The issues involved had me chasing case law for weeks.

I'll review the case law on hate crimes, then we'll talk again in two hours.

The case law further appears to indicate that the degree of disparity must be quite high.

The future directive should codify all of the case law of the European Court of Justice applying to the implementation of the principle of free movement of goods and services in the area of public health and it should also add a regulation on the coordination of social systems and provide Member States with the option of making healthcare provision in another Member State conditional on prior authorisation, or the option to apply a 'gate-keeping' system.

I believe that this directive has been an attempt to develop a broader legal framework than the current regulations, which already protect the rights of citizens to receive healthcare in other Member States, by incorporating the case-law of the European Court of Justice.

Although the time I have is very brief, I must tell the Commissioner that regardless of what we or the Commission might think about case-law or the law in force, it is under an obligation to implement the Treaties and move ahead, and that it has no authority to hold any rule or anything which may affect the Community acquis in abeyance.

This will provide a pan-European system of protection for fundamental freedoms and human rights covered by the case law of the European Court of Human Rights in Strasbourg.

It is old, but nevertheless there has been a wealth of case law that has become the case law of the constitutional courts and supreme courts of the Member States.

For example, we do not agree with the wording in recital G to the effect that the European Parliament cannot issue legislation that runs counter to the case law of the European Court of Justice.

The new directive reinforces protection for victims of discrimination based on sex with specific provisions reflecting the case-law of the Court.

Let me just say that I see the EPLA as a practical initiative to bring greater unity to the case law on patents in Europe.

The Commission has to a large extent already taken account of the Court's recent case-law in its proposal for trans-border healthcare, which is to be discussed soon in the Collegium of Commissioners.

Because of this similarity with European human rights law, the Supreme Court of Canada turns not only to the Constitution of the United States case law in interpreting the Charter, but also to European Court of Human Rights cases.

The 2005 Report makes it clear that DG COMP is well aware of all the important aspects of economic competition within and outside the EU and of its role in ensuring the legal protection thereof.

Mr van Iersel, CCMI president, believed that the legislation and case-law had improved a lot recently.

Mr Retureau raised the question of whether simplification meant implementing case law into the acquis or selecting directives that were too complex.

The evolving case-law of the ECJ has resulted in quite a complex picture of possible exceptions for public-public cooperation, and experience has shown that contracting authorities are not always clear about whether and under what conditions their relations fall within the scope of the EU law on public procurement.

This last requirement is contrary to EC Treaty rules on free provision of services (Article 59), as confirmed by the case law of the Court of Justice.

The proposed Directive would enable the European Court of Justice's case law with regard to the burden of proof to be applied consistently throughout the European Union.

Do you think that the case-law of the Court of Justice as explained in the Commission Interpretative Communication provides sufficient legal certainty for the award of contracts below the thresholds of the Directives?

However, the Commission has taken into consideration the case law of both the Court of First Instance and the European Court of Justice and has taken the length of proceedings into account in calculating the amount of fines.

On the basis of the results of this process, as well as consultation with interested parties, the Commission will produce a report describing the latest modernisation trends, case law and developments.