Eksempler på bruk av Principle of effectiveness på Engelsk og deres oversettelse til Norsk
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The principle of effectiveness- another fundamental principle of EEA law- is contained in Article 1(1) of the Remedies Directive.
The principle of procedural autonomy is the rule, whereas the principle of effectiveness is the exception.
Furthermore, the principle of effectiveness requires that a national limitation rule must not render it practically impossible or excessivelyPage.
A limitation period of three years must therefore generally be regarded as compatible with the principle of effectiveness.
The Remedies Directive and the principle of effectiveness, consequently, preclude a national rule on standard of proof as described in that question.
In this regard,the principle of procedural autonomy is the rule, whereas the principle of effectiveness is the exception.
The principle of effectiveness precludes a national rule making it impossible or excessively difficult to obtain damages for the loss of profits.
In ESA's view, a rule such as that described in the question,does not appear to be in conflict with the principle of effectiveness.
With regard to the principle of effectiveness, AtB submits that regard must be had to the combined effects of the remedies available under national law.
It is for the referring court to assess whether the requirement under the disputed national rule complies with the principle of effectiveness.
In that regard, the principle of effectiveness must be interpreted as requiring that a national limitation rule entailing a duty of investigation must enable nationalPage.
In the present case,the Court considers that a limitation period of three years is not in itself incompatible with the principle of effectiveness.
Thus, the principle of effectiveness cannot be used to compensate for a complainant's deficiencies or idleness(reference is made to the judgment in Austurcom Telecomunicaciones, C-40/08, EU: C: 2009:615, paragraph 47).
In the present case, also this point appears not to raise any issues concerning the compatibility of the limitation rule with the principle of effectiveness.
In determining whether a national limitation period is compatible with the principle of effectiveness, the referring court should take into account the time-limit, the triggering event and whether these elements were known in advance.
Fosen-Linjen submits that, even if the notion of State liability were to apply under the Remedies Directive,it must be construed in line with the principle of effectiveness.
In any case, the Norwegian Government submits that the principle of effectiveness does not as such prohibit national limitation periods that expire before the competition authorities have reached a decision in the relevant case.
It is for the national court to ascertain whether such options are available in practice, andwhether they contribute to the necessary compliance with the principle of effectiveness.
Thus, it is, in principle, compatible with the principle of effectiveness if the limitation period starts to run without the claimant having procured information about the possible grounds of justification under Article 53(3) EEA.
This has influenced the wording of the referral to the Court, in particular the wording of questions 2 and3 concerning the EEA law principle of effectiveness.
The EEA law principle of effectiveness does not restrict the EEA States' right to apply a limitation period of three years for bringing an action for damages for infringement of Article 53 and 54 EEA, from the time when the plaintiff had, or readily had access to, sufficient information on the damage and the grounds for the defendant's liability.
To test the requirement of a causal link against all potential hypothetical circumstances in law andin fact would be contrary to the need for effective remedies under the Remedies Directive and the principle of effectiveness.
Moreover, it is for the referring court to apply national rules on limitation periods anddecide whether the result is compatible with the EEA law principle of effectiveness(reference is made to the judgment in Manfredi and Others, cited above, paragraph 81).
With regard to the third question referred, the Norwegian Government states that the ECJ has held that it is for the national court to apply national rules on limitation periods anddecide whether the result is compatible with the EEA law principle of effectiveness.
In assessing whether such a limitation period is compatible with the EEA law principle of effectiveness in competition cases of a nature and scope such as the present one, consideration must be given to whether the duty to investigate is applied in such a way as to require the claimant to investigate a matter beyond the information that is otherwise readily and reasonably accessible.
Second, the referring court asks what elements should be given weight in the assessment of whether the application of such national limitation periods is compatible with the EEA law principle of effectiveness in competition cases of a nature and scope such as the present one.
Article 1( 1) andArticle 2( 1)( c) of Directive 89/665/EEC, and the principle of effectiveness and effective remedies under EEA law, preclude national rules on awarding damages, where the awardof damages is conditional on the tenderer that brings the case and claims compensation being able to prove with clear, that is qualified preponderance of evidence, that it should have been awarded the contract had the contracting authority not committed the error invoked as a basis for that claim.
With regard to the third question, the Norwegian Government states that the ECJ has held that it is for the national court to apply national rules on limitation periods anddecide whether the result is compatible with the EEA law principle of effectiveness(reference is made to the judgment in Manfredi and Others, cited above, paragraph 81).
Article 1(1) andArticle 2(1)(c) of Directive 89/665/EEC, and the principle of effectiveness and effective remedies under EEA law, must be interpreted to mean that any breach by a contracting authority of a national rule transposing EEA law in the field of procurement provision under which the contracting authority is not free to exercise discretion shall in itself be sufficient for damages provided there is an economic loss and causality between the breach and the economic loss.