Eksempler på brug af Rules of community law på Engelsk og deres oversættelser til Dansk
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Interpretation and application of substantive rules of Community law.
The adoption of rules of Community law as expressly laid down by Article 48 EEC is an accomplished fact.
I shall address these questionsbearing in mind that, under Article 234 EC, the Court has no power to apply rules of Community law.
Other rules of Community law, such as Directive 68/360/EEC, lay down the common rules for issuing residence permits to workers who are Community citizens.
Accordingly, upon extension or change of capacity,the institution becomes subject to the full set of rules of Community law which otherwise apply to non-life insurance.
It has already been pointed out that the rules of Community law on social security can improve the position of migrant workers; moreover, this has also been acknowledged by national courts.
It follows that the principles of legal certainty andthe protection of legitimate expectations must be applied in accordance with the rules of Community law.
The Commission's determination to apply the rules of Community law in order to speed up the establishment of the internal energy market free move ment of goods and services, monopolies, State aid and competition between undertakings.
Happily, I cannot recall any instance to date where a supreme judge in a national Member State prohibited the governments orcitizens of that Member State from living by the rules of Community law.
The Court declared that'Direct applicability… means that rules of Community law must be fully and uniformly applied in all the Member States' and that this consequence also concerns'any national court whose task it is as an organ of a Member State to protect… the rights conferred upon individuals by Community law. .
In particular, this proposal specifies that Member States shall ensure that certain activities are criminal offences, when committed intentionally or with serious negligence,as far as they breach the rules of Community law.
To provide a useful reply to the national court which has referred a question for a preliminary ruling, rules of Community law other than those to which the national court has referred in its questions- in this case Article 13(2)(a)of Regulation No 1408/71 and Article 10 of Regulation No 574/72- may be taken into consideration. 12.
The very high number of cases removed from the register of the Court during judicial proceedings(21)demonstrates the Member States' desire to comply with the rules of Community law before being found in breach by the Court.
Where the importer, in making the customs declaration of the value of the goods,has fully observed the rules of Community law by providing all the information at his disposal relating to the value for customs purposes and by declaring in good faith the true price of the imported goods, no criminal penalties may be regarded as applicable by a Member State in relation to such conduct.
Failure to have recourse to the procedures provided for by Article 73 in regard to restrictions imposed on capital movements which the Member State concerned is not obliged to liberalize under the rules of Community law does not constitute an infrin gement of the EEC Treaty.
Since the decision of a contracting authority to withdraw an invitation to tender for a public service contract is subject to the relevant substantive rules of Community law, it has to be concluded that it also falls within the rules laid down by Directive 89/665 in order to ensure compliance with the rules of Community law on public contracts.
Furthermore, these agreements established a form of indirect discrimination because they apply essentially to‘non nationals', which contravenes the fundamental principle of non-discrimination enshrined in Community law, thereby breaching essential rules of Community law.
In answering the first question, it should be remembered first of all that, in accordance with settled case-law,all the authorities of the Member States have the task of ensuring observance of the rules of Community law within the sphere of their competence(see Case C-8/88 Germany v Commission[1990] ECR I-2321, paragraph 13, and Kühne& Heitz, paragraph 20).
It must be recalled that under Article 234 EC, which is based on a clear separation of functions between national courts and tribunals and the Court of Justice, the latter is empowered to rule on the interpretation or validity of Community provisions only on the basis of the facts which the national court or tribunal puts before it, and that it is, however,for the national court or tribunal to apply the rules of Community law to a specific case.
The national court is seised of a genuine dispute, so that, far from being asked to rule on a hypothetical problem,the Court has sufficient information at its disposal regarding the circumstances with which the main proceedings are concerned to enable it to interpret the rules of Community law and to give a helpful answer to the question submitted to it see Aprile, cited above, paragraph 20.
On this point, the Court has emphasised that any national procedure for judicial review of a decision by a regulatory authority must, in any event, enable the court ortribunal seised of an application‘effectively to apply the relevant principles and rules of Community law when reviewing its legality.' 56.
Court of Justice but comes within the jurisdiction of national courts or tribunals, for which it is lawful, in pursuance of Article 177 of the EEC Treaty andunder the conditions laid down thereby, to refer to the Court of Justice for a preliminary ruling questions on the interpretation or validity of rules of Community law, to the extent to which such courts or tribunals consider that a decision on such a point is necessary to enable them to give judgment.
The principle of equality, embodied in particular in the second subparagraph of Article 40(3) of the EEC Treaty, which prohibits any discrimination in the com mon organization of the agricultural markets,occupies a particularly important place among the rules of Community law intended to protect the interests of the indi vidual.
The provisions of this Directive relating to the other obligations of producers and distributors, the obligations and powers of the Member States, the exchanges of information and rapid intervention situations anddissemination of information and confidentiality apply in the case of products covered by specific rules of Community law, if those rules do not already contain such obligations.
However, the Court ruled that this independence does not have the consequence of separating the ECB entirely from the Community and exempting it from every rule of Community law.
The Parliament has always emphasized that improvement of the awareness of the legal professions is an indispensable condition for the better application of the rule of Community law.
In its judgment of 17 March 1976 in Joined Cases 67 to 85/75 the Court of Justice further conferred upon this principle the status of a rule of Community law.
Indeed, what is important is article 100A, since the purpose of this action is effective anduniform application of the rule of Community law, which is a condition of the good functioning of the internal market.
If the exemptions granted do not comply with the general safety objectives of this Regulation or any other rule of Community law, the Commission shall take a decision in accordance with the procedure referred to in Article 544.
Any court or tribunal of a Member State may ask the Court of Justiceto interpret a rule of Community law, whether contained in the Treaties or inacts of secondary law, if it considers that this is necessary for it to givejudgment in a case pending before it.