Übersetzung für "Nach der rechtsprechung des eugh" in Englisch

However, under the caselaw of the Court there are limits to the protection of fundamental rights.

According to the case law of the Court of Justice, even if the recipient exports almost its entire production outside the EU, the EEA and the accession countries, any subsidising of export activities can affect trade between Member States.

This, among other things, includes the provision that, after its entry into force, tried and tested national regulatory arrangements on objectives of importance to agricultural and social policy, such as care for the cultural landscape and the maintenance of meadows of indigenous dehiscent fruit, but not supporting small agricultural distilleries, would have to be repealed on the grounds of incompatibility with the competition rules of the Treaty establishing the European Community, even though they have, to date, been declared by the ECJ to be compatible with the Treaty establishing the European Community and with current Internal Market rules.

For the purposes of democratic legitimacy - and in line with decisions of the Court of Justice - the legal base giving Parliament most say should be chosen in such a case.

According to Dôvera, the 2004-2005 reform was meant to create a competitive market, which has been recognised and confirmed by the Slovak judiciary (i.e. the Slovak Constitutional Court) as well as the Slovak authorities themselves.

The availability of such an award would thus effectively enable the circumvention of the State aid rules and of the conditions laid down by the Union legislator under which competent authorities, when imposing or contracting for PSOs, compensate public service operators for costs incurred in return for the discharge of PSOs.

The Commission wishes to stress that it is irrelevant for the purposes of the present State aid assessment to determine whether the previous initial administrative interpretation leads to discrimination between direct and indirect acquisitions or is in breach of the principle of fiscal neutrality.

In any event, such a requirement deriving from national law, were it to be shown to exist, cannot undermine an obligation deriving from the case-law of the CJEU or Regulation (EEC) No 1191/69, which must be shown to have been fulfilled before public service compensation can be paid to a transport operator.

With reference to the combined effects of the 2005 agreement and the 2008 amendment to the Mining Act, the Commission notes that in line with the case-law of the Court of Justice a single aid measure may consist of combined elements on condition that, having regard to their chronology, their purpose and the circumstances of the undertaking at the time of their intervention, they are so closely linked to each other that they are inseparable from one another [16].

In this context, they refer also to the Commission decision in State aid case N 380/2004, where the Commission found that implementing an arbitral award after accession which had been rendered before accession and related entirely to periods before accession did not constitute new aid.

In addition to this test, the ECJ has noted that the use for which the by-product is destined must also be lawful - in other words that the by-product is not something that the manufacturer is obliged to discard or for which the intended use is forbidden under EU or national law (see Decision tree in Annex II).

The European Court of Justice has ruled that, in the absence of Community rules on the matter, it is up to the legal systems of the Member States to establish detailed rules for bringing damages actions.

The ECJ has ruled that, in the absence of Community rules on the matter, it is for the legal systems of the Member States to provide for detailed rules for bringing damages actions.

This rigid definition of a consumer, interpreted in line with ECJ case-law and Directive 2005/29/EC on Unfair Commercial Practices, in conjunction with the rules of Article 4, which prohibits more stringent provisions to ensure a different level of consumer protection, hampers the protection of vulnerable consumers, a category that contracts covered by the proposal could affect.

In accordance with the case law of the Court of Justice, the specific context of the sector has to be taken into account in the assessment of whether a particular definition of ‘successive’ fixed-term employment provides effective protection as required by the .

While under the case-law of the ECJ, the refund of unduly levied charges may be restricted where the reimbursement of charges unduly levied would result in an undue enrichment of the person requesting the reimbursement, the modified legislation makes no reference to such unjust enrichment.

According to the case law of the ECJ, a criterion for charging higher taxation which by definition will never be fulfilled by similar domestic products cannot be considered to be compatible with the prohibition on discrimination laid down in Article 90 EC.

The Court decided that rather than obliging migrant workers to pass such a competition, a Member State must provide different methods of recruitment.

The ECJ has also stated that it is for national authorities to demonstrate the occurrence of such undue enrichment by proving that the VAT or other tax has been passed on to another person.

Two questions, developed in the ECJ's case law, determine whether there is a restriction on the free movement of capital within the meaning of Article 56 of the Treaty:

The CJ decided that a Member State may not oblige those migrant workers to pass such a competition, but must provide for different methods of recruitment instead.

The ECJ has held that a person who would otherwise be in a situation covered by Community law may forfeit his Community law rights where he seeks to abuse them.

Such support may not be considered State aid, provided that the strict conditions dened by the ECJ’s case law are rigorously complied with (287).

Some projects supportedthrough the Community’s gender equality programme have also touched ondiscrimination on other grounds covered by Article 13 (e.g. women from ethnic minorities).

According to ECJ Law, in certain circumstances there can be a joint responsibility for Facebook and us for parts of the Facebook fanpage.

According to the case law of the CJEU, an international agreement cannot affect the allocation of powers fixed by the Treaties or, consequently, the autonomy of the EU legal system, observance of which is ensured by the Court.

In accordance with the case law of the Court, the specific context of the sector has to be taken into account in the assessment of whether a particular definition of ‘successive’ fixed-term employment provides effective protection as required by the Fixed-Term Work Directive (1999/70/EC).

According to the case-law of the ECJ, a national court of final instance must comply with its obligation of reference under Article 267 of the Treaty on the Functioning of the European Union if a question of Union law arises in proceedings pending before it, unless the court has found that the question is not material to the ruling, that it has already been the subject of interpretation by the ECJ, or that the correct application of Community law is so obvious as to leave no room for any reasonable doubt.

According to the ECJ case-law, the essential characteristics of the product form are determined by the nature of the goods themselves, if they have an essential characteristic which is part of the generic nature of the goods.