Примери за използване на National court must на Английски и техните преводи на Български
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The national court must follow the explanation given by the ECJ.
If EU fundamental rights apply(see Part II, sections 1 to 3), the national court must provide the protection they afford.
The national court must ascertain whether G4S had, prior to Ms Achbita's dismissal, established a general and undifferentiated policy in that respect.
As regards its review of the discretion enjoyed by the competent national authorities, the national court must ascertain in particular whether the contested decision is based on a sufficiently solid factual basis.
First, the national court must establish whether the issue is within the scope of application of EU fundamental rights or whether it concerns only national fundamental rights.
It justified that change of direction in regard to its classic case-law by the fact that‘Directive 83/189 does not in any way define the substantive scope of the legal rule on the basis of which the national court must decide the case before it.
In the affirmative, which are the criteria that a national court must take into account in striking the balance between those fundamental rights, and the importance to be attached to each of those criteria?
It justified that change of direction in regard to its classic case-law by the fact that‘Directive 83/189 does not in any way define the substantive scope of the legal rule on the basis of which the national court must decide the case before it.
The national court must assess whether and, if appropriate, to what extent, that term makes it more difficult for the consumer, given the procedural means at his disposal, to take legal action and exercise rights of the defence.
Finally, if it is not possible for that person to establish the habitual residence of the child, the national court must then establish it and, while complying with the principle of proximity, rule on its own jurisdiction on the basis of the provisions of Article 13 or Article 15 of Regulation No 2201/2003.
The national court must in particular assess whether that right is conditional upon the non-compliance by the consumer with an essential obligation of the contract and whether such non-compliance is sufficiently serious in the light of the term and amount of the loan.
If the national provisions do not lend themselves to an interpretation which accords with Directive 89/665, the national court must refrain from applying them, in order to apply Community law fully and to protect the rights conferred thereby on individuals.”.
The national court must also verify whether the issue of bonds on the market is, in that sector, generally and regularly accompanied by a prospectus containing a jurisdiction clause and whether that practice is sufficiently well known to be regarded as‘established'.
Article 8(1) of Regulation No 6/2002 must be interpreted as meaning that, in order to determine whether the relevant features of appearance of a product are solely dictated by its technical function, within the meaning of that provision, the national court must take account of all the objective circumstances relevant to each individual case.
With the exception of Asturcom,all the parties take the view that the national court must also have the power in enforcement proceedings to determine of its own motion whether an arbitration clause is unfair and to annul that clause.
The national court must in particular compare that rate with the statutory interest rate3, and determine whether it is appropriate for securing the attainment of the objectives pursued in Spain and does not go beyond what is necessary to achieve them.
Second, the referring court finds that the Taricco judgment does not give sufficient detail of the factors the national court must take into account in order to establish the‘significant number of cases' on which the application of the rule in that judgment depends, and thus imposes no limits on the discretion of the courts. .
The national court must, in particular, determine in which State the place from which the employee carries out his transport-related tasks, receives the instructions concerning his tasks and organises his work is situated, and also the place where his work tools are to be found.
Finally, the Court observes that if the bank has not fulfilled those obligations and, therefore,the unfairness of the disputed term may be examined, the national court must determine, the possibility that the bank has failed to observed the requirement of good faith and, second, the existence of a significant imbalance between the parties to the contract.
According to the Commission, the national court must remain free, simultaneously, to refer to the Court of Justice for a preliminary ruling any question which it considers necessary, and to adopt any measure necessary to ensure provisional judicial protection of the rights guaranteed under EU law.
In order for the activity in question to be regarded as a‘commercial practice', the national court must establish that that activity originates from a‘trader', and, secondly, that it constitutes an act, omission, course of conduct or commercial communication‘directly connected with the promotion, sale or supply of a product to consumers'.
That the national court must, in order to assess the proportionality of those rules to the objective pursued, examine not only the material available to and considered by the national authorities when the rules were being drawn up, but also all the factual information existing on the date on which it determines the matter.
Accordingly, I believe that,in its case-by-case assessment, the national court must ascertain whether, by the choices of its author, by the combinations which he creates and the production of the graphic user interface, it is an expression of the author's own intellectual creation, excluding from that assessment the elements whose expression is dictated by their technical function.
The national court must, on the basis of the criteria set out in the answer to the second question, determine whether the act of reproduction may be regarded as being‘transient' within the meaning of Article 5(1) of Directive 2001/29, if part of the reproduction which contains one or more extracts of 11 words is stored.
In applying the Directive, the national court must, at the same time, bear in mind the fact that that directive makes it possible to take into account the legitimate interest of the person who has engaged in the processing of personal data(‘the controller') in protecting the property, health and life of his family and himself.
It follows that the national court must reject an application for enforcement of a final arbitration award made in the absence of the consumer and annul that award, if it finds that the arbitration agreement contains an unfair term to the detriment of the consumer.(50).
In such a situation, a national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and must apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category.
The Court further held that the national court must give full effect to Article 325(1) and(2) TFEU, if need be by disapplying the provisions of national law the effect of which would be to prevent the Member State concerned from fulfilling its obligations under those provisions of the FEU Treaty.
However, in general, the national court must make sure that it is able to guarantee(i) all the above-mentioned standards of review and individual rights in view of the circumstances of the individual case at hand,(ii) in the context of the overall circumstances and conditions under which it is called upon to exercise its judicial functions.