Eksempler på brug af Constitutes a restriction på Engelsk og deres oversættelser til Dansk
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It is necessary to examine whether national legislation such as that at issue in the main proceedings constitutes a restriction on the movement of capital.
It follows from the foregoing that the first sentence of Paragraph 2(1)of the EigZulG constitutes a restriction prohibited by Articles 39 EC and 43 EC and that the Commission's claim alleging that the Member State concerned had failed to fulfil its obligations under the Treaty is well founded.
I shall state that a ban on all advertising of dental care services to the general public constitutes a restriction on the exercise of those freedoms.
The Commission submits that Article 1 of Decree No 2001-317 constitutes a restriction on the free movement of goods contrary to Article 28 EC, because it makes the grant of a parallel import authorisation subject to compliance with a condition insisting on the common origin of the imported product and the reference product.
In this Opinion,I shall state that that prohibition of such advertisements on national television networks constitutes a restriction on freedom of establishment and freedom to provide services.
Such legislation constitutes a restriction on the freedom to provide services laid down under Article 49 EC insofar as it may impose on service providers established in another Member State where minimum rates of pay are lower an additional economic burden that may prohibit, impede or render less attractive the provision of their services in the host Member State.
The concerted establishment of the price tenders to be submitted by the building and construction firms to the client also constitutes a restriction of competition, within the meaning of Article 85(1), between the tenderers attending the meeting.
It is clear that national legislation, such as Article 4 of Royal Decree No 1466, which makes the provision of maritime cabotage services subject to prior administrative authorisation, is liable to impede orrender less attractive the provision of those services and therefore constitutes a restriction on the freedom to provide them.
Where it is established that the legislation of a Member State constitutes a restriction on freedom of establishment prohibited by Article 43 EC or a restriction on the free movement of capital prohibited by Article 56 EC, the national court may, in order to establish the recoverable losses, determine whether the injured parties have shown reasonable diligence in order to avoid those losses or to limit their extent and whether, in particular, they availed themselves in time of all legal remedies available to them.
With regard to the permissibility of the residence condition,the Court stated that it is liable to deter exercise of the freedoms accorded by Article 18 EC and therefore constitutes a restriction on those freedoms.
It is therefore necessary to consider whether, as the Commission maintains, the EigZulG, in particular the first sentence of Paragraph 2(1)thereof, constitutes a restriction of the freedom of movement and freedom of establishment enshrined in Articles 18 EC, 39 EC and 43 EC.
In so far it as prohibits all broadcasting of advertisements on national television networks for medical and surgical treatments of a cosmetic nature carried out in private health care establishments, the 1992 Law therefore constitutes a restriction on freedom of establishment.
It follows that the fact that the grant of tax advantages in relation to inheritance tax is made subject to the condition that the asset acquired by inheritance be situated in the national territory constitutes a restriction on the free movement of capital prohibited, in principle, by Article 73b(1) of the Treaty.
Accordingly, I shall set out in turn the reasons why a law of a Member State such as the Law of 1958,in prohibiting dental care providers from engaging in advertising of any kind of their services to the general public, constitutes a restriction within the meaning of those articles.
Therefore, it is necessary to examine, first of all, whether the reduction of the concession in proportion to the interest in the fiscal investment enterprise held by shareholders resident orestablished in other Member States constitutes a restriction on the free movement of capital and, if so, whether that restriction can be justified.
It is necessary therefore to determine whether, in view of the fact that a fiscal investment enterprise established in the Netherlands which receives dividends from companies established in the Netherlands is entitled to a full refund of the Netherlands tax on dividends which is deducted at source by those companies,national legislation such as that at issue in the main proceedings constitutes a restriction on the free movement of capital prohibited by Articles 56 EC and 58 EC.
That less favourable treatment, they continue, has the effect of deterring OESF from investing in Germany and Portugal and of making it more difficult for undertakings established in those Member States to raise capital in the Netherlands,and therefore constitutes a restriction on the free movement of capital that is in principle prohibited by the Treaty.
In the light of the foregoing considerations, I shall propose that the Court's answer to the referring court should be that a national law which prohibits dental care providers, in the context of professional services or a dental surgery, from engaging in advertising of anykind of their services, whether directly or indirectly, to the general public constitutes a restriction on the freedom of establishment and the freedom to provide services within the meaning of Articles 43 EC and 49 EC.
The Swedish rules constitute a restriction on Swedish companies' right of esta blishment abroad in that they discourage those companies from having subsidiaries established in other Member States.
Therefore, such a measure is capable of constituting a restriction within the meaning of Article 49 EC.
Therefore, a measure such as that at issue in the main proceedings is capable of constituting a restriction within the meaning of Article 49 EC.
As such requirements constitute a restriction on freedom to provide services they cannot be justified where effective monitoring of compliance with employment legislation may be achieved by less restrictive measures.
If it is assumed that Ms Deliège's activity can be classified as a provision of services,it is necessary to consider whether the selection rules at issue in the main proceedings constitute a restriction on the freedom to provide services within the meaning of Article 59 of the Treaty.
Such a clause may constitute a restriction of competition within the meaning of Article 85(1), because it may contribute to the maintenance of a trademark that would be an injustified barrier to entry into given market.
Nevertheless, any such national law would constitute a restriction of Articles 49 and 56 of the TFEU on freedom of establishment and the free movement of services and would have to be justified case by case.
The European Union is in favour of a society of widespread knowledge, open to all, andthe ACTA must not in any way constitute a restriction on the freedom of access to the Internet.
In the present case, the effects of the national legislation in issue in the main proceedings on the value of the inheritance occurred after 1 June 1990 andare manifestly not too indirect to be capable of constituting a restriction on the movement of capital.
National rules which require an employer, as a provider of services within the meaning of the Treaty, to pay employers' contributions to the host Member State's fund,in addition to those which he has already paid to the fund of the Member State in which he is established, constitute a restriction on freedom to provide services.
The Court stated with regard to Article 3(3) of Law No 80/87 that the preference which it accorded in the choice of undertakings invited to tender, benefiting joint ventures andconsortia in which local undertakings were involved, constituted a restriction on the freedom to provide services.
Accordingly, Lidl Belgium has not shown that the conditions laid down in paragraph 55 of the judgment in Marks& Spencer,for establishing the situation in which a measure constituting a restriction on the freedom of establishment for the purposes of Article 43 EC goes beyond what is necessary to attain legitimate objectives recognised by Community law, were satisfied. I- 3632.