Примери за използване на General has observed на Английски и техните преводи на Български
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Medicine
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Computer
As the Advocate General has observed in point 108 of his Opinion, none of the provisions of the envisaged agreement refer to facilitating such cooperation.
Thus, Article 25(6) of Directive 95/46 implements the express obligation laid down in Article 8(1)of the Charter to protect personal data and, as the Advocate General has observed in point 139 of his Opinion, is intended to ensure that the high level of that protection continues where personal data is transferred to a third country.
As the Advocate General has observed in point 91 of her Opinion, airlines established in the territory of the parties to the Open Skies Agreement are thus specifically addressed by that agreement.
The fact that Article 14(2) of the envisaged agreement provides that the‘effective judicial redress' may also take the form of an action for compensation does not, contrary to what the Parliament claims, have the effect of depriving airpassengers of such an effective remedy, but rather strengthens, as the Advocate General has observed in point 324 of his Opinion, judicial protection for the persons concerned.
As the Advocate General has observed in points 123 and 124 of his Opinion, Mr Schrems expresses doubts, which the referring court indeed seems essentially to share, concerning the validity of Decision 2000/520.
And having regard to the considerations set out in paragraphs 169 and 170 of this Opinion, the pre-established models and criteria should be specific and reliable, making it possible,as the Advocate General has observed at point 256 of his Opinion, to arrive at results targeting individuals who might be under a‘reasonable suspicion' of participation in terrorist offences or serious transnational crime and should be non-discriminatory.
As the Advocate General has observed in essence in point 74 of his Opinion, it remains the case that the use in that provision of the phrase‘where appropriate' makes it clear that it must be read in relation to Article 13(1) of that directive.
Nevertheless, it must be pointed out, as the Advocate General has observed in point 70 of his Opinion, that the particular circumstances of the case in the main proceedings distinguish that case from the cases which gave rise to the case-law cited in paragraphs 46 and 47 of the present judgment.
As the Advocate General has observed in point 86 of his Opinion, where the proprietor of an SEP has given an undertaking to the standardisation body to grant licences on FRAND terms, it can be expected that it will make such an offer.
Accordingly, as the Advocate General has observed in points 55 to 65 of his Opinion, the Eurogroup cannot be equated with a configuration of the Council or be classified as a body, office or agency of the European Union within the meaning of Article 263 TFEU.
However, as the Advocate General has observed in point 81 of his Opinion, a requirement, in the context of Regulation No 2201/2003, for quantification of a periodic penalty payment prior to its enforcement is consistent with the sensitive nature of rights of access.
As the Advocate General has observed in point 128 of his Opinion, the provisions of that protocol will not affect the voting rules within the Council in the event of recourse to both Article 16(2) and Article 87(2)(a) TFEU for founding that decision.
As the Advocate General has observed in point 103 of her Opinion, Article 7 of the Open Skies Agreement, headed‘Application of laws', lays down a precise and specific obligation applying to aircraft utilised by the airlines of the parties to that agreement.
Likewise, as the Advocate General has observed in particular in points 61, 93 and 116 of his Opinion, a decision of that nature cannot eliminate or reduce the powers expressly accorded to the national supervisory authorities by Article 8(3) of the Charter and Article 28 of the directive.
As the Advocate General has observed in point 40 of his Opinion, in a credit agreement between a credit institution and a borrower, the supply of services lies in the transfer of a sum of money by the credit institution to the borrower, in return for fees paid by the borrower, in principle, in the form of interest.
However, as the Advocate General has observed, in essence, in point 57 of his Opinion, the courts of the Member State in which the main proceedings have been opened also have jurisdiction to rule on related actions and therefore to determine the scope of the effects of the latter proceedings.
As the Advocate General has observed in point 69 of his Opinion, the exclusion of a review of contractual terms as to the quality/price ratio of a supply of goods or services is explained by the fact that no legal scale or criterion exists that can provide a framework for, and guide, such a review.
It follows that, as the Advocate General has observed in point 227 of his Opinion, when the ECB purchases government bonds on secondary markets, sufficient safeguards must be built into its intervention to ensure that the latter does not fall foul of the prohibition of monetary financing in Article 123(1) TFEU.
As the Advocate General has observed in points 105 and 106 of his Opinion, the agreement therefore concerns the processing and exchange of relevant information within the meaning of Article 87(2)(a) TFEU and also relates, as is clear, inter alia, from paragraph 80 of this Opinion, to the objective set out in Article 87(1) TFEU.
As the Advocate General has observed in point 81 of his Opinion, in view of the large number of SEPs composing a standard such as that at issue in the main proceedings, it is not certain that the infringer of one of those SEPs will necessarily be aware that it is using the teaching of an SEP that is both valid and essential to a standard.
As the Advocate General has observed in point 49 of his Opinion, any determination by the Community courts that a measure is unlawful, even when made in an action for compensation, has the force of res judicata and accordingly compels the institution concerned to take the necessary measures to remedy that illegality.
As the Advocate General has observed in point 31 of his Opinion, given that the purpose of the action in the main proceedings is itself linked to the existence of that contract, it would be artificial, for the purposes of the application of Regulation No 1215/2012, to separate those legal relationships from the contract which gave rise to them and on which they are based.
As the Advocate General has observed in point 64 of his Opinion, save where specific circumstances make it too difficult or impossible to make use of the legal remedies in the Member State of origin, the individuals concerned must avail themselves of all the legal remedies available in that Member State with a view to preventing a breach of public policy before it occurs.
In those circumstances, and as the Advocate General has observed in point 316 of his Opinion, Article 10 of the envisaged agreement does not guarantee in a sufficiently clear and precise manner that the oversight of compliance with the rules laid down in that agreement relating to the protection of individuals with regard to the processing of PNR data will be carried out by an independent authority, within the meaning of Article 8(3) of the Charter.
As the Advocate General has observed in point 105 of his Opinion, the Member States may, in the exercise of that discretion, lay down in their legislation particular requirements as to the nature and duration of dependence, in order in particular to satisfy themselves that the situation of dependence is genuine and stable and has not been brought about with the sole objective of obtaining entry into and residence in the host Member State.
Secondly, as the Advocate General has observed at point 25 of her Opinion, the order for reference sets out the relevant provisions of the Agreement of 3 January 1979 and of Spanish tax law and describes the administrative practice and national case-law relating thereto, while the Spanish Government has not identified any matter that would assist in understanding the case which the referring court has failed to mention.
However, as the Advocate General has observed in point 141 of his Opinion, the term‘adequate level of protection' must be understood as requiring the third country in fact to ensure, by reason of its domestic law or its international commitments, a level of protection of fundamental rights and freedoms that is essentially equivalent to that guaranteed within the European Union by virtue of Directive 95/46 read in the light of the Charter.
Furthermore, as the Advocate General has observed in point 132 of his Opinion, it would be contrary to the objective of Protocol No 22, recalled in paragraph 111 of this Opinion, to allow the Kingdom of Denmark to take part in the adoption of an EU act having as its legal basis both Article 16 TFEU and one of the provisions of the FEU Treaty relating to police and judicial cooperation in criminal matters, without being bound by that act.
In the third and final place,as the Advocate General has observed at point 76 of his Opinion, the question whether or not the offer for sale, or the sale, of trade-marked goods without their packaging and thus without certain information required under Article 6(1) of Directive 76/768 is a criminal offence under national law does not affect the applicability of EU rules concerning intellectual property protection.
In those circumstances, and as the Advocate General has observed in point 316 of his Opinion, Article 10 of the envisaged agreement does not guarantee in a sufficiently clear and precise manner that the oversight of compliance with the rules laid down in that agreement relating to the protection of individuals with regard to the processing of PNR data will be carried out by an independent authority, within the meaning of Article 8(3) of the Charter.