Exemplos de uso de Final administrative em Inglês e suas traduções para o Português
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National law grants the administrative body the power to reopen the final administrative decision;
The recent caselaw concerning the review of final administrative and judicial decisions may, in my view, be summarised as follows.
Installed the process at the administrative level, the government and the citizens present their arguments, evidences,reasons and grounds for the final administrative decision.
As a final administrative change, in 1806 the French emperor gave the Duchy of Massa and Carrara to the Principality of Lucca and Piombino, ruled by his elder sister Elisa Bonaparte.
Kempter then brought an action before the Finanzgericht Hamburg on 26 April 2004,submitting in particular that in the case in point the conditions for review of a final administrative decision set out by the.
The national court then observes that, in its opinion, the timelimit as regards an application for the review of a final administrative decision should depend on positive awareness of the Court's decision on the part of the person concerned.
Export of cattle- Export refunds- Final administrative decision- Interpretation of a judgment of the Court- Effect of a preliminary ruling given by the Court after that decision- Review and withdrawal- Timelimits- Legal certainty- Principle of cooperation- Article 10 EC.
Member States- Obligations- Obligation of cooperation- Obligation on an administrative body to review a final administrative decision in order to take account of the interpretation of the relevant provision given in the meantime by the Court.
Here Article 10 EC requires every means potentially available in national procedural law to be used to bring about, if national procedural law so authorises, the review and, as the case may be,the withdrawal of the final administrative decision which is contrary to Community law.
Is an application for the review and amendment of a final administrative decision which is contrary to Community law subject to a limit in time for overriding reasons of Community law, apart from the conditions set out in[Kühne& Heitz]?' I- 421.
The national court's second question to the Court is whether, apart from the conditions set out in Kühne& Heitz,an application for the review and amendment of a final administrative decision which is contrary to Community law is subject to a limit in time for overriding reasons of Community law. 115.
Is an application for the review and amendment of a final administrative decision which is contrary to Community law subject to a limit in time for overriding reasons of Community law, apart from the conditions set out in[Kühne& Heitz]?' Consideration of the questions referred for a preliminary ruling.
The referring court recalls that in Kühne& Heitz the Court of Justice ruled:‘The principle of cooperation arising from Article 10 EC imposes on an administrative body an obligation to review a final administrative decision, where an application for such review is made to it, in order to take account of the interpretation of the relevant provision given in the meantime by the Court where.
Are the review and amendment of a final administrative decision in order to take account of the interpretation of the relevant Community law carried out in the meantime by the Court of Justice of the European Communities subject to the requirement that the party concerned relied on Community law when contesting the administrative decision before the national courts?
Kempter then brought the matter before the Finanzgericht Hamburg again,submitting in particular that in the case in point the conditions for review of a final administrative decision, which had been set out by the Court in Kühne& Heitz, were met and that consequently the Hauptzollamt's repayment decision of 10 August 1995 had to be withdrawn. 18.
Finally, if the Court, contrary to the approach that I have proposed, does not wish to reopen the fourth condition laid down in Kühne& Heitz, it will have to clarify its meaning and also provide that it is a supplementary condition, that is to say,it applies only where the procedural rules of a Member State have not set a timelimit for the submission of applications for the review and withdrawal of final administrative decisions. 63- Palmisani.
Obligations- Obligation of cooperation- Obligation on an administrative body to review a final administrative decision in order to take account of the interpretation of the relevant provision given in the meantime by the Court: judgment of 12 February 2008 Kempter, C-2/06.
At this juncture and in line with what I have proposed so far, I believe that, as Union law currently stands,the only point to examine is whether, under national law, a criminal court is entitled to take into account the prior imposition of a final administrative penalty in order to ensure that the final outcome reached is not disproportionate and does not, in any event, infringe the principle of the prohibition of arbitrariness inherent in the rule of law.
Thus it is clear from i-21 Germany andArcor that, in the case of a final administrative decision which has not been the subject of an appeal to a court, Article 10 EC, in conjunction with the Community provision which is alleged to have been infringed, requires at the very least the national court to which the matter has been referred by.
In Kühne& Heitz, which will be discussed in more detail below,the Court held that‘the principle of cooperation arising from Article 10 EC imposes on an administrative body an obligation to review a final administrative decision, where an application for such review is made to it, in order to take account of the interpretation of the relevant provision given in the meantime by the Court where: A- Community law.
In the same line of case-law, this time in relation to final administrative decisions, Kühne& Heitz gave the Court an opportunity to set out the way in which it seeks to reconcile the requirements arising from the primacy of Community law and from the retrospective effect of judgments giving a preliminary ruling with the requirements deriving from the principle of legal certainty in conjunction with the principle of res judicata. 43.
At this point it should be noted that,for when he himself can not attend in person before the administrative authorities to apply for or receive the final administrative act, permit applications to the civil administration of third persons, only if they provide legal authorization for this, which indeed must bring the confirmation of the authenticity of the signature of the authorizing.
The national court wishes to establish whether review and amendment of a final administrative decision which are intended to take account of the interpretation of a provision of Community law made by the Court in the meantime require the claimant to have relied on Community law in his action before the national court.
Parties to a proceeding shall have an opportunity for review by a judicial authority of final administrative decisions and, subject to jurisdictional provisions in a Member's law concerning the importance of a case, of at least the legal aspects of initial judicial decisions on the merits of a case.
Case C-2/06: Willy Kempter KG v Hauptzollamt Hamburg-Jonas(Export of cattle- Export refunds- Final administrative decision- Interpretation of a judgment of the Court- Effect of a preliminary ruling given by the Court after that decision- Review and withdrawal- Timelimits- Legal certainty- Principle of cooperation- Article 10 EC) Reference for a preliminary ruling from the Finanzgericht Hamburg.
BaFin consulted at length on the issue of CFDs,eventually issuing their final General Administrative Act on the subject in May 2017.