raised before the Court of Appeal, it shall request the Court of Justice of the European Communities to decide on the question. (2) The decision of the Court of Justice of the European Communities [...] Court of First Instance. If, for some special reason, the President of the Court of Appeal or, in the case of judges of the Court of First Instance, the President of the Court of First Instance considers [...] resigns, his letter of resignation shall be addressed to the President of the Court of Appeal or, in the case of judges of the Court of First Instance, the President of the Court of First Instance for
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amendment to the rules imposing the law of the trader in collective redress cases. Other options are the application of the law of the market most affected or of the Member State where the representative [...] to the mechanisms), the length of proceedings and the ability of defendants to delay proceedings, lack of media coverage, the inability to distribute the proceeds of the actions effectively, the dependence [...] be brought to the trader's court or the court of the place of performance of the contract (Art. 5 (1)). 59. In mass cases where consumers come from different Member States, the court would have to
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ing of the cross-border effect of court judgements through the abolition of the exequatur procedure, extended competences of courts in the EU, nor against the strengthening of the prorogation of jurisdiction [...] extending the rules on the “special jurisdiction” of courts in the EU (Art. 5–7, e.g. the place of fulfilment of a sales contract) or - introducing a “subsidiary jurisdiction” of courts in the EU which [...] “real connecting link” between the subject matter and the court seized – e.g. assets within the territorial boundaries of the court’ jurisdiction. – The court of the main action is to be entitled to
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binding effect of the Commission’s decision is without prejudice to the interpretation of Community law by the Court of Justice. If the national court has serious doubts on the legality of the Commission’s [...] requirement in the case law of the Court of Justice 168. The conditions for civil liability for infringement of directly applicable provisions of EC law have been addressed by the Court of Justice on various [...] encouraged by the comments received from stakeholders, the European Parliament, the EESC and the Member States, as well as taking into account the recent case law of the European Court of Justice (ECJ or the
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court of the debtor's domicile, the court of the State of enforcement, the court of the creditor's domicile, the court of the country in which the account is held. 4.3 Ranking of competing creditors [...] to the court which is competent for deciding the case on the merits or to the court at the place of enforcement, e.g. where the account is located. The jurisdiction of the court competent on the merits [...] granted to the court of the debtor's domicile. Others argued that joint jurisdiction should be granted not only to the court having jurisdiction on the merit of the case, but also to the court of the Member
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account of the effective seat of management; the existence of assets alone is not sufficient (new Recital No. 13a); - in the case of freelance workers and the self-employed, the principal place of business [...] lodging claims is governed by the law of the State of opening of proceedings. It must be at least 45 days following the publication of the opening of proceedings in the insolvency register. (new Art [...] elements of the ECJ's COMI case law into the text of the Regulation promotes legal certainty and reduces the likelihood of abuse. This is particularly true since in future the courts in the Member States
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person has the right to bring an action for annulment of decisions of the European Data Protection Board before the Court of Justice of the European Union (the "Court of Justice") under the conditions [...] it as required by the case law of the Court of Justice of the European Union and the European Court on Human Rights. 32) Where processing is based on the data subject's consent, the controller should [...] by the Court of Justice in the Foto-frost case4, whenever it considers the decision invalid. However, a national court may not refer a question on the validity of the decision of the European Data
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subjectively of going against the financial interests of the Union. As the earlier restriction to non-criminal measures (Art. 280 (4) 2 TEC) was dropped by the Treaty of Lisbon, the “prevention“ of fraud now [...] BY MEANS OF EU CRIMINAL LAW CEP Policy Brief No. 2013-04 of 28 January 2013 CONTENT Title Proposal COM(2012) 363 of 11 July 2012 for a Directive of the European Parliament and of the Council [...] Commission Open Adoption by the European Parliament and the Council, publication in the Official Journal of the European Union, entry into force Options for Influencing the Political Process Directorates
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could raise some concerns of consistency with the Community acquis and notably the jurisprudence of the European Court of Justice in the Meroni case. In the case of Option 3, the CRA framework should be [...] ion the position of the European Parliament during the negotiation of the CRA Regulation and the general approach on the text establishing ESMA agreed at the ECOFIN on 2nd December, the level of political [...] for the finding of a breach and setting the right amount of fine. In addition, the right of appeal by the CRA would be exercised in the relevant court of the Member State which might assess the cases
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into the behaviour and attitudes of the younger generation in respect of consumption patterns of products to which IP rights apply. In the context of its work in the field of customs policy, the Commission [...] will monitor the delivery of this Action Plan, and invites the European Parliament, the Council, the Member States, the European Economic and Social Committee, the Observatory and stakeholders to contribute [...] consensus on the enforcement of Intellectual Property Rights: An EU Action Plan 1 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND
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