Translation of "Geltende rechtsprechung" in English

Most of what the NetzDG law does is refer to existing German legal norms on illegal content.

This amendment incorporates the spirit of current case law ("Teckel" judgment).

That is the established jurisprudence on those issues and remains the situation.

Military pensions: the prevailing jurisprudence of the Court of Auditors favorable to the increased rate to 44%

Consequently, it is not possible to accept the amendments concerning the taking into account of actuarial factors - Amendments Nos 2, 6, 7, 8, 9, and 10 - because they go beyond the existing case law which specifically states that actuarial factors may be taken into account since their use falls outside the scope of Article 119.

The Commission recognises that under certain circumstances there may be a legitimate requirement for clarification in relation to an individual case, and that the guidelines, guiding principles and existing case law do not always provide answers.

In some cases, national legislation did not contain express definitions of working time or rest period, as these concepts were traditionally defined by collective agreements and/or case law.

Lastly, the case-law [12] states, on the one hand, that undertakings entrusted with the operation of services of general economic interest must have been assigned that task by an act of a public authority which defines precisely the content of the public service obligations and, on the other hand, that the Commission can call into question the definition of services of general economic interest only in a case of manifest error.

The new Notice will support and assist national courts faced with illegal aid, by setting out the applicable Community Case-law and decision-making practice.

The first issue was clarified by Spain, notably regarding the applicable constitutional case law on judicial protection of human rights.

The Conference notes that Article I-6 reflects existing caselaw of the Court of Justice of the European Communities and of the Court of First Instance.

CELEX, the data­base containing the complete body of EU law in force, such as union legislation, case­law, preparatory acts, parliamentary ques­tions and national provisions which implement directives is now available on CD­ROM.

The extent to which we nevertheless need to adapt to local conditions and legislation locally in force, necessitating our departure from our well-proven practice, remains to be seen.

In its current judgment, the European Court of Justice (CJEU) referred to the applicable case law .

The current legal practise of labour courts makes it possible that one can get fired without the employer having to prove the guilt of the employee.

The Swiss delegation's sole concern was to ensure, in the interests of clarity and legal certainty, that existing jurisprudence concerning the first and second medical indications and each further medical indication was anchored in the EPC, making broad protection available for the first medical indication and protection for 'specific uses', if they were not comprised in the state of the art, for second and further indications.

The required legislation – at the very least at the European level (and ideally internationally) – must put a stop to overly lax handling of personal data.

The existing case law of Slovenian courts has stressed that the employee is entitled to allowance in lieu of annual leave not taken only if by the expiry of the employment contract he was unable to take annual leave t for objective reasons.

This judgment indicates that earlier Swedish case law, at the time of the above-identified decisions on the corresponding Swedish application, had deviated from EPO case law.

Our reports can be used in court following constant jurisprudences:

According to the case-law toll is not qualified as a tax, but as a payment for using a service.

By law, a patient is deemed unfit to sign any agreement or drive a vehicle for 24 hours after an anaesthetic.

It is established case law that there can be no legitimate expectations in favour of the beneficiary of an aid deriving from the behaviour of a national authority when the procedure laid down in Article 88 of the Treaty had not been followed (judgment of the Court in Alcan Deutschland [11]).

The law of the Member States notes that protection under the Convention can only be offered to those persecuted by state authorities.

It concludes that the advantages granted under the scheme reduce charges that should normally be borne by the beneficiaries in the course of their economic activities and must therefore be considered as operating aid, which, in accordance with practice and case law, is incompatible with the common market.

Provisions under Article 5 of the European Convention on Human Rights, along with case-law, make clear that persons arrested within the European Union must be brought promptly - and that means within seven days - before a judge who must free them immediately if no foundation for their detention exists.

The Larrañaga case has all the characteristics of an unfair trial without minimum legal guarantees, which is hard to accept within the framework of the international law in force.

It also states that there should be 'a codification of existing case law on the reimbursement of cross-border healthcare'.

This approach is fully in line with existing jurisprudence, in particular the ruling in the case of EFMA v Council(3).