Translation of "Jüngere rechtsprechung" in English

The Commission nevertheless wished to verify that the possible applicability of the recent case-law of the Court with regard to State resources to this case did not call this reasoning into question.

The application of a 50 % rate also appears to be supported by recent case law of the Belgian Court of Cassation [52].

The authors discuss in this article, which was reprinted in IFLR Switzerland Guide 2015 (originally printed in the IFLR – Dispute Resolution Guide 2014), interim relief in recent Swiss jurisprudence in several areas of law (contracts, bankruptcy, IP and competition) and highlight areas where it pays to be prudent.

Although the most recent case-law undeniably takes the view that the court is required to raise the abusiveness of a term in certain circumstances (33) and, if necessary, to draw the necessary conclusions, it has not always been so.

Whereas technical character was previously assessed using the "contribution approach", recent case law has abandoned this approach in favour of one which recognizes the requirement of technical character as separate and independent of the remaining requirements of Art.

However, more recent case law of the Court of Justice of the European Union departs from the formalistic approach and gives greater emphasis to the analysis of (anti-)competitive effects of disputed behaviour also with regard to such discrimination.

In the article, the authors discuss the recent Federal Tribunal jurisprudence in Switzerland dealing with the allocation of costs involved in the precautionary taking of evidence before the beginning of proceedings.

Because the draft is essentially in line with the Coalition Agreement and also applies the more recent jurisprudence of the Federal Employment Court, there may not be many changes during the legislative process.

When we ask what it is precisely that has triggered the present debate on the future of the trade unions’ European policies, the first things that spring to mind are the recent judgement by the European Court of Justice and the obvious inadequacies displayed by the European Union (EU) in coping with the current financial crisis and its repercussions on the shape of the economy.

The authors discuss in this article, which was published in IFLR – Dispute Resolution Guide 2014, interim relief in recent Swiss jurisprudence in several areas of law (contracts, bankruptcy, IP and competition) and highlight areas where it pays to be prudent.

These changes follow recent case law of the European Courts.

Second, it also incorporates recent case-law.

It is precisely that situation which the Court has sought to avoid in its most recent case-law.

In this post we review the most recent jurisprudence.

Mr Hansen responded that the recent Court rulings had to be taken into account and corrected.

The new Guidelines also reflect recent case law and the Commission’s current practice.

According to the most recent case-law of the European Court of Justice, none of these four measures therefore involves state aid.

In final analysis, this means that, according to the most recent Court jurisprudence, the measures do not constitute State aid.

In upcoming posts, We review the most recent case law on termination of contracts of agency.

In view of the latest jurisprudence of the European Court of Justice (ECJ), this could significantly change.

The Council needs to make significant efforts in this direction, as the Court of Justice has pointed out in recent judgments.

In order to determine whether State aid is involved, the Commission is authorised by the Court to base its judgment on the principle of an investor in a market economy, as confirmed in recent case-law [61].

Under French commercial law, such declarations of support may be likened to letters of intent, which, as can be seen from recent case law, the courts equate with actual guarantees.

Furthermore, as Mrs Cederschiöld said, I would like to emphasise the convergence between this solution and the latest Court of Justice ruling of 4 December 2003 – two days after the Conciliation Committee meeting – which confirmed the four conditions agreed upon in conciliation that are to be fulfilled by award criteria in order to be valid.

Award criteria such as those dealt with in the recent judgment of 4 December will continue to be possible and will, furthermore, be based on clearer legal texts.

I would also like to clarify that this initiative was launched against the backdrop of competition concerns regarding the postal sector brought to light in recent European case law and by the Commission.

In the light of the recent jurisprudence of the Court of Justice regarding the criteria applicable to the choice of analogue countries, the following were verified to assess the appropriateness of the Philippines for this purpose;

The Return Handbook should reflect recent jurisprudence of the Court of Justice of the European Union related to Directive 2008/115/EC.

In this context, in order to determine whether an advantage is being granted through a guarantee or a guarantee scheme, the European Court of Justice has confirmed in its recent judgments [5] that the European Commission should base its assessment on the principle of an investor operating in a market economy (hereafter referred to as the ‘market economy investor principle’).

Further to recent case-law of the Court of Justice of the European Union (hereafter the "Court of Justice"), this is necessary for reasons of clarity, transparency and legal certainty.