Übersetzung für "Gefestigte rechtsprechung" in Englisch

The revised 'basic' Regulation was published in the Official Journal of 21 September 1990,' withcorrections of inaccuracies in the various language versions (some of these corrections do make the Regulation much easier to understand and interpret).

There is now a consolidated body of Community legislation and case law on the subject.

The Court confirmed the well established case-law according to which the Commission, when ordering the recovery of the aid declared incompatible with the Common market, is not obliged to fix the exact amount of the aid to be recovered.

The ECJ judgment in Case C-528/15, Al Chodor [11], related to the definition of ‘risk of absconding’ in Article 2(n) [12] of the Dublin Regulation, which text is in essence identical to the definition of Article 3(7) of the Return Directive, indirectly confirms this.

Italy further quotes case law which, it considers, reflects application of the principle accessorium sequitur principale (the decision on the main issue applies to associated issues) and supports the inference that even if the updating of public policy resources, designed to correct the effect of time or cost forecasts that have proved inadequate, involves increasing the initial aid, it does not constitute new aid, or is compatible with the legal basis that justified the original aid.

The Court will exercise caution in the choice of a particular method of interpretation if it is faced with new material, questions and problems for which it does not have any continuous or established caselaw to help it, that is in fields where 'reasoning from case to case' is particularly called for.

Otherwise, especially in the early years of a statutory provision, one could generally never develop the legitimate expectation that there will be no retroactive amendments as long as there is no relevant established case-law on this matter yet.

It has since become established case law of both the BAG and the regional employment courts (Landesarbeitsgerichte) that the employer's burden of representation and proof is substantially increased in illness-based unfair dismissal actions if a BEM is not carried out, is not duly implemented or is not duly attempted.

Moreover, according to the established case-law of the European Court of Human Rights, peaceful demonstrations, be they in favour of the rights of lesbian, gay, bisexual and transgender persons or others, cannot be banned simply because of the existence of attitudes hostile to the demonstrators or to the causes they advocate.

In their opinion, the Court of First Instance thereby set itself against the established caselaw of the Community Courts.

Based on the above-mentioned, well-established and constant jurisprudence of the Court of Justice, the Proposal for a Directive on Services in the Internal Market clarifies the authorisation regime for reimbursement of medical costs incurred in another Member State.

In Moteurs Leroy Somerc v Dalkia France9, the Court of Justice ruled that the Directive must not be interpreted to mean that it does not preclude the interpretation of domestic law or the application of settled domestic case-law according to which the injured party may seek compensation for damage to an item of property intended for professional use and employed for that purpose where that injured party simply proves the damage, the defect in the product and the causal link between that defect and the damage.

However, that may be, i.e. whether the aid may have been paid directly to the employees or the effect of the action taken by the FPAP was to provide a benefit for those employees, enabling them to supplement their income based on the system of a share of profits, the Commission points out that, according to settled case-law [27], the concept of aid encompasses advantages granted by public authorities which, in various forms, mitigate the charges which are normally included in the budget of an undertaking.

It is settled case-law that in such circumstances it must be held that trade between Member States is affected and competition distorted [56].

It is settled case law that an amendment to the duration of an existing aid should be regarded as new aid [32].

According to settled case law the right to rely on the principle of protection of legitimate expectation extends to any individual who is in a situation in which it is clear that the Community authorities have, by giving him precise assurances, led him to entertain legitimate expectations.

It follows from case law that where an approved aid scheme requires certain forms of aid (for example to undertakings in a certain sector) to be notified, these aids are excluded from the authorisation contained in the scheme and require individual notification.

It is settled case-law [90] that in such circumstances intra-Community trade should be considered affected and competition distorted.

It is also settled case-law that the yield of a levy which is obligatory under national law and is paid to a body established by law constitutes a State resource within the meaning of Article 87(1) of the Treaty when it is earmarked for the funding of a measure which fulfils the other criteria of that Article [41].

Turning now to the Equalisation Fund itself, the Commission points out that, according to settled case-law, no distinction should be made between cases where the aid is granted directly by the State and cases where it is granted by a public or private body designated or established by the State [45].

It is settled case-law that, the yield of a levy which is obligatory under national law and is paid to a public body established by law constitutes State resources within the meaning of Article 87(1) of the Treaty when it is earmarked for the financing of a measure which fulfils the other criteria of that Article [23].

It is settled case-law [31] that in such circumstances intra-community trade should be considered affected and competition distorted.

It is also settled case-law that the yield of a levy which is obligatory under national law and is paid to a body established by law constitutes State resources within the meaning of Article 87(1) of the Treaty when it is earmarked for the funding of a measure which fulfils the other criteria of that Article [72].

Turning now to the Equalisation Fund, the Commission recalls that, according to settled case-law, ‘no distinction should be made between cases where the aid is granted directly by the State, and cases where it is granted by a public or private body designated or established by the State’ [76].

According to well-established case law, the principle of the protection of legitimate expectations aims to ensure the predictability of legal relations and situations which only arise by virtue of Community law.

The importance of preserving the present acquis fully, while integrating only those judgements of the Court that were well established jurisprudence, was stressed.