Примери за използване на Jurisdictional rules на Английски и техните преводи на Български
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As the Commission in principle pointed out,in that respect, it reverses the main logic on which the jurisdictional rules rely.
(7) Jurisdictional rules should be established to ensure that the terrorist offence may be effectively prosecuted.
The serious harm that can be caused instantly by an online publication of information justifies the interpretation of jurisdictional rules in their favour.
(15) Jurisdictional rules should be established to ensure that the offences laid down in this Directive may be effectively prosecuted.
The protection stemming from the insurance-related jurisdictional rules should thus not be extended to persons for whom that protection is not justified.
(12) Jurisdictional rules should ensure that the offences laid down in this Directive are prosecuted effectively and in accordance with a clear set of criteria.
Regulation No. 1346/2000 on Insolvency Proceedings(the“Insolvency Regulation”) provides jurisdictional rules for insolvency proceedings within the EU[1].
There must therefore be equivalent jurisdictional rules under EU law that allow for the determination of a competent court to hear a claim such as the one in the main proceedings.
Such multiplicity of fora stemming from the distribution criterion is very difficult to reconcile with the objective of predictability of jurisdictional rules and sound administration of justice enshrined in recital 15 of Regulation No 1215/2012.
As derogations from the normal jurisdictional rules of that Regulation were drafted restrictively by the European Union legislature, it follows that the scope of a clause conferring jurisdiction cannot be too wide.
In other words,the possible differences as to the basis of the claim under national law cannot affect the assessment of the jurisdictional rules, provided of course that the nature of the claim still relates to tort, delict, or quasi-delict.
In addition, I would point out that the jurisdictional rules of the Brussels I Regulation and, by extension, of the Lugano II Convention must be interpreted in a manner consistent with the rules on conflicts of laws laid down in the Rome I Regulation.
Such a marked discord between domestic classifications and classification for the purposes of the Lugano II Convention andthe Brussels I Regulation would not aid the application of those two instruments or the predictability of the jurisdictional rules which they lay down.
Text proposed by the Commission Amendment(12) Jurisdictional rules should ensure that the offences laid down in this Directive are prosecuted effectively.
Finally, even if one were to embrace the logic of an individual assessment of mutual rapport deforces in concrete cases, such an approach often runs, as to its practical realisation, contrary to the objective of the‘high predictability' of jurisdictional rules that Regulation No 1215/2012 pursues.
Furthermore, the Court excluded‘reinsurance' matters from the scope of the insurance-specific jurisdictional rules because reinsurance is not mentioned in what subsequently became Section 3 of Chapter II of Regulation No 44/2001.
The Brussels I Regulation and the Lugano II Convention make this same distinctionbetween‘matters relating to a contract' Article 5(1) and‘matters relating to tort'(Article 5(3)) and lay down different jurisdictional rules according to which of those categories the claim falls under.
Secondly, the jurisdiction of the Austrian courts in the present case derives not from jurisdictional rules consistent with the rules laid down in Chapter II of that regulation, but from a purely domestic rule based on the legal domicile of the applicant in the main proceedings.
In the first place, the concept of‘individual contract of employment', within the meaning of Article 18(1) of the Lugano II Convention, must be interpreted not by reference to the lex causae or the lex fori, butindependently, in order to ensure the uniform application of the jurisdictional rules laid down by the Convention in all the States linked by it.
Within the first category, the Court observed, by reference to the similarly worded Brussels Convention,that the insurance-related jurisdictional rules apply expressly to certain types of insurance, such as compulsory insurance, liability insurance, insurance of immovable property and aviation or marine insurance.
When looking for parallels as to where the place of establishment plays a role in attribution of international jurisdiction, the analogy(or, indeed, rather a contrast) could be drawn with the concept of the‘centre of main interests'(COMI),which is indeed the core element of the jurisdictional rules provided for in the Insolvency Regulation.
Put differently, Article 7(2) is a multilayered provision in the sense that the jurisdictional rules contained therein will be applicable irrespective of the precise national legal basis for the claim, whether the substantive protection of personality rights is granted by a constitutionally protected fundamental right, a statutory or case-law-based protection, or both.
As held by the Court, the jurisdictional rules contained in Section 3 of Chapter II of Regulation No 44/2001 establish‘an autonomous system for the conferral of jurisdiction in matters of insurance', the purpose of which is‘to protect the weaker party by rules of jurisdiction more favourable to his interests than the general rules provide for'.
In July 2013 the European Commission had in fact proposed an amendment to the Brussels I Regulation to clarify how its jurisdictional rules will work in the context of the Unified Patent Court, as well as how the rules of the Regulation should be applied in relations between the Member States, Parties to the Unified Patent Court Agreement and the Member States not party to the Agreement.
It held that the jurisdictional rules concerning insurance were‘fully applicable where, under[the applicable law], the policyholder, the insured or the beneficiary of an insurance contract has the option to approach directly any reinsurer of the insurer in order to assert his rights under that contract as against that reinsurer', given that such a party would be the weaker party vis-à-vis the reinsurer.
The Commission has therefore proposed an amendment to the Brussels I Regulation to clarify how its jurisdictional rules will work in the context of the Unified Patent Court, as well as how the rules of the Regulation should be applied in relations between the Member States, Parties to the Unified Patent Court Agreement and the Member States not party to the Agreement.
Before explaining how, in my view, the jurisdictional rules contained in Regulation No 1215/2012 and in Article 33 of the Montreal Convention ought to be applied distributively, in proceedings such as those before the referring court, I think it is necessary to retrace the relationship between the substantive rules of law governing the liability of air carriers contained, respectively, in Regulation No 261/2004 and in the Montreal Convention.
The Commission has therefore proposed an amendment to the Brussels I Regulation to clarify how its jurisdictional rules will work in the context of the Unified Patent Court, as well as how the rules of the Regulation should be applied in relations between the Member States, Parties to the Unified Patent Court Agreement and the Member States not party to the Agreement.
Reiterates its call on the Commission to reflect on the extension of jurisdictional rules under the Brussels I Regulation to third-country defendants in cases brought against companies with a clear link with one Member State or companies for which the EU is an essential outlet and asks the Commission to swiftly present, if appropriate, a proposal to the Parliament and the Council;