Esimerkkejä Preliminary rulings käytöstä Englanti ja niiden käännökset Suomi
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Preliminary rulings Article 267 TFEU.
It may be noted that 57,3% of the cases concern preliminary rulings.
Preliminary rulings- Jurisdiction of the Court Art. 234 EC.
However, a distinction must be drawn between direct actions and requests for preliminary rulings.
However, national courts will be competent to request preliminary rulings on the intellectual property of a Community patent.
Articles 22 and23 of the Statute concern appeals against EAEC arbitration awards and preliminary rulings.
Note that on 28 September 1994 the Court delivered six preliminary rulings on the scope of the Barber ruling. .
Preliminary rulings- Urgent preliminary ruling procedure- Conditions Rules of Procedure of the Court, Art. 104b.
I share the rapporteur's view that it would have been good if the Court of Justice had been given greater scope to give preliminary rulings.
The preliminary rulings are binding on Member States and may therefore lead to significant changes in national law.
As the Community courts have no jurisdiction in the matter(outside the procedure for preliminary rulings), the courts of the Member States will generally hear these cases.
Preliminary rulings- Admissibility- Questions referred without sufficient information on the factual and legislative context.
By accepting the decisions in the field of asylum and possibly also in the field of criminal cases, preliminary rulings can be sought about the interpretation of Community directives in current policy matters.
Free movement of goods; preliminary rulings; interpretation of Articles 30 and 37 of the EC Treaty; monopoly of retail sales of alcoholic drinks.
At this moment, unfortunately, only 16 Member States have accepted the jurisdiction of the European Court to give preliminary rulings on third pillar instruments, and two of them have made a limitative statement.
The Court can only give preliminary rulings if members so choose and even then it cannot really give an interpretation of the Treaty.
Encourage national courts and tribunals to collect and make available information on important national judgments in the field of the single market,in particular national judgments applying preliminary rulings of the Court of Justice of the European Communities.
Finally, three preliminary rulings of the European Court of Justice on the interpretation of the Regulation have been taken into account in preparing this report.7.
It is also increasingly viewed as a problem by the national courts in the Member States, since in the case of preliminary rulings, the proceedings in the European Court of Justice are merely interim proceedings in the successive stages of appeal through the national courts.
Preliminary rulings- Admissibility- Limits- Clearly irrelevant questions and hypothetical questions put in a context not permitting a useful answer.
National courts when addressing questions to the Court of Justice(preliminary rulings) have also increasingly referred to the Charter: in 2011, such references rose by 50% as compared to 2010, from 18 to 27.
The preliminary rulings given on such concrete questions have brought community law closer to citizens and strengthened the idea of a common legal system.
The European Council settled the last outstanding question relating to the creation of Europol by authorising the Court of Justice of the European Communities to give preliminary rulings on the interpretation of the Europol Convention and invited the Member States to ratify the convention and the protocol.
Preliminary rulings-Jurisdiction of the Court- Limits- Request for interpretation involving a problem which is not of a hypothetical nature- Court obliged to give a ruling. .
First, as regards police andjudicial cooperation in criminal matters, 7 the jurisdiction of the Court of Justice to give preliminary rulings will become binding and will no longer be subject to a declaration by each Member State recognising that jurisdiction and specifying the national courts that may request a preliminary ruling.
Preliminary rulings are given when national courts refer disputes pending before them to the Court of Justice pursuant to Article 177 of the EC Treaty, Article 41 of the ECSC Treaty and Article 150 of the Euratom Treaty.
The Council took note of the state of ratification of the 1995 Convention on the use of information technology for customs purposes(CIS Convention),its 1997 Protocol on the competence of the Court of Justice to give preliminary rulings on the Convention's interpretation and the 1995 Agreement on the provisional application of the Convention.
With regard to the large number of preliminary rulings issued by the Court, several delegations stressed that this increase proved that the institution had become deeply rooted in the Member States.
It may also be noted that, even though the general provisions of the EC Treaty do not apply to the OCTs in the absence of a express reference,the jurisdiction of the Court of Justice of the European Communities covers preliminary rulings requested under the EC Treaty by a court whose jurisdiction covers an OCT, as well as proceedings instituted under the conditions laid down in the EC Treaty by plaintiffs from an OCT against acts adopted by the Community.
Preliminary rulings- Jurisdiction of the Court- Extraction of the relevant points of Community law- Jurisdiction of the national courts- Application of provisions as interpreted EC Treaty, Art. 177 now Art. 234 EC.