DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to the transparency of measures regulating the prices of medicinal products for human use and their inclusion in the scope of the public health [...] SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL relating to the transparency of measures regulating the prices of [...] by the Commission and in the framework of cases submitted to the Court of Justice of the European Union (CJEU). Different factors account for these recurrent interpretation debates: firstly, the increasing
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objectives of the Directive. (2) The Court of Justice’s interpretation of the legislator’s formulation of objectives with regard to the Unisex Directive is objectively wrong. (3) The Court of Justice [...] women. (2) The recitals must clarify that these cases concern the unequal treatment of unequal facts provided by the Charter of Fundamental Rights and the case-law of the Court of Justice, and not [...] examine the compatibility of Art. 5 (2) of the Unisex Directive in relation to the fundamental rights of the Charter of Fundamental Rights, but to the legislator's pronouncements regarding the objectives
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been taken into account only through the interpretation of the text of the directive (especially through the case-law of the Court of Justice). The text of the directive itself has never been adapted [...] covered by the directive anyway in the light of the jurisprudence of the Court of Justice. Some of them suggest a clarification of the issue by way of Commission guidelines. Role for the directive to [...] which is one of the fundamental freedoms of the Community. 2. THE SCOPE OF THE DIRECTIVE 2.1. Introduction The case-law of the Court mainly relates to national procedures on the coverage of medicines
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that the COMI of a legal person is located at the place of its registered office can be rebutted; the language of this recital is taken from the "Interedil" decision of the Court of Justice of the European [...] Functioning of the European Union. Title V of Part Three of the Treaty on the Functioning of the European Union is not applicable to Denmark by reason of the Protocol on the position of Denmark annexed [...] of a debtor as a whole. This amendment should be without prejudice to the rules on the recovery of state aid and the jurisprudence of the Court of Justice of the European Union on recovery from insolvent
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categories. The laws of the Member States contain different rules on the required majorities for approving a plan. The laws of the Member States also differ on the standards applied by the courts when reviewing [...] all types of SMEs. Procedures should be proportionate to the size of the business. Out-of-court procedures should be open to all types of debtors, regardless of the available funds. While the average time [...] internal market. The 2009 Stockholm Programme for the European area of justice3 highlighted the importance of insolvency rules in supporting economic activity. The European response should be to create an
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granted by the courts of a Member State having jurisdiction on the basis of Article 31, the "real connecting link" requirement could be abandoned. The role of the court seized of the request would be [...] (partial) deletion of the exclusion of arbitration from the scope of the Regulation might improve the interface of the latter with court proceedings. As a result of such a deletion, court proceedings in [...] to the courts of the Member State of the place of arbitration, possibly subject to an agreement between the parties14. Also, the deletion of the arbitration exception might ensure that all the Regulation's
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May 2010 the Irish High Court granted Digital Rights Ireland Limited the motion for a reference to the European Court of Justice under Article 267 of the Treaty on the Functioning of the European Union [...] functioning of the internal market. Subsequent to the adoption of the Directive, its legal basis was challenged before the European Court of Justice, on the basis that the principal objective was the investigation [...] underpinning the EU’s approach to data retention. Subsequent case law of the European Court of Justice and the European Court of Human Rights has developed the conditions which any limitation on the right
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“lack of necessity” of the ECB’s supervision, but rather that of the “inappropriateness” of such supervision. According to the consolidated case-law of the Court of Justice of the European Union (CJEU) [...] cepAdhoc The L-Bank Case 5 3 Opinion of the Advocate General and Judgement of the Court of Justice Following the rejection of its application, L-Bank lodged an appeal before the Court of Justice. It lamented [...] for the purpose of identifying the direct supervisor, this is only to allow the “decentralised implementation” of the system26. This understanding of the competence of the ECB in the context of banking
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their national court for the purposes of Article 234 of the Treaty establishing the European Community. (2) The preliminary rulings of the Court of Justice of the European Communities shall be binding [...] liability of the EPJ, as well as the judicial independence of the European Patent Court. Chapter II European Patent Court (Arts. 10 to 12) Comprises the Court of First Instance, the Court of Appeal [...] for the needs of the vessel (e) the use of the patented invention in the construction or operation of aircraft or land vehicles of the countries of the Union of Paris for the Protection of Industrial
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Justice of the European Union, in accordance with Article 273 of the Treaty on the Functioning of the European Union; RECALLING that Article 260 of the Treaty on the Functioning of the European Union [...] criteria established by the European Commission in the framework of Article 260 of the Treaty on the Functioning of the European Union. If the Court of Justice finds that the Contracting Party concerned [...] it may also bring the matter to the Court of Justice. In both cases, the judgment of the Court of Justice shall be binding on the parties to the proceedings, which shall take the necessary measures
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