Examples of using Application of the exception in English and their translations into Bulgarian
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
It is also necessary to examine the application of the exception under the third indent of Article 4(2) of Regulation No 1049/2001.
Member States should ensure that any contractual provision which seeks to prevent or limit the application of the exception in any way is void of legal effect.
In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences.
In cases where it is difficult to establish whether adequate port reception facilities in ports outside the Union are available,it is essential that the competent authority carefully considers the application of the exception.
Expresses concern at the routine application of the exception for the protection of international relations as a justification for the classification of documents;
In order not to unduly restrict the application of the exception, such arrangements should be proportionate and limited to what is needed for retaining the copies in a safe manner and preventing unauthorised use.
With regard to the application of the exception, as specified in Article 4(2)(d)of that Directive, operators or aircraft operators may indicate in their report which information they consider commercially sensitive.
Those measures should be proportionate, should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system andshould not undermine the effective application of the exception.
In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. .
Those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system andshould not undermine the effective application of the exception.
In order to determine whether, in a particular case, the application of the exception for parody within the meaning of Article 5(3)(k) of Directive 2001/29 preserves that fair balance, all the circumstances of the case must be taken into account.
In paragraph 76 of the judgment under appeal, the General Court stated that the preliminary nature of the discussions does not, in itself, justify application of the exception provided for in the first subparagraph of Article 4(3)of Regulation No 1049/2001.
Those measures should remain proportionate to the risks involved, and should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system andshould not undermine the effective application of the exception.
Mr Târșia contends that, excluding application of the exception contained in Article 21(2)of Law No 554/2004 to res judicata from civil proceedings would be incompatible with both equality before the law, as reflected in Article 20 of the Charter, and the principle of equivalence.
(5) Member States are required to ensure the protection, in their domestic law, of the exclusive rights set out in Articles 2 to 4 of Directive 2001/29,in so far as those rights can be limited only in the application of the exceptions and limitations listed exhaustively in Article 5 of that directive.
According to the General Court, the preliminary nature of the discussions does not, in itself, justify application of the exception provided for in the first subparagraph of Article 4(3) of Regulation No 1049/2001, as that provision does not make a distinction according to the state of progress of the discussions.
In any event, as the General Court found in paragraph 76 of the judgment under appeal, there is no reference in the firstsubparagraph of Article 4(3) of Regulation No 1049/2001 to the stage of the negotiations as a criterion to be taken into account in order to justify application of the exception to the right of access.
Third plea in law, alleging that Frontex infringed the first indent of Article 4(1)(a) of that regulation, which relates to public security,because the reasons given to justify the application of the exception leave out of consideration the circumstance that the applicants only requested information on vessels deployed in the past.
In order to guarantee legal certainty when a Member State decides to subject the application of the exception to the availability of adequate licences, it is necessary to specify under which conditions an educational establishment may use protected works or other subject-matter under that exception and, conversely, when it should act under a licensing scheme.
(11)In view of the specific nature of the exception, its targeted scope and the need for legal certainty for its beneficiaries,Member States should not be allowed to impose additional requirements for the application of the exception, such as compensation schemes or the prior verification of the commercial availability of accessible format copies.
Along the same line and so thatparties can be granted enough time to verify if the conditions for the application of the exception are fulfilled, the Rapporteur also proposes to extend to three months the deadline for the notification to the competent industrial property authority and for informing the SPC holder(recitals 13, Article 4, paragraph 2, points(b) and(ba) new).
Accordingly, the Member States are required to ensure the protection, in their domestic law, of the exclusive rights set out in Articles 2 to 4 of Directive 2001/29, the scope of which is defined, where appropriate, by the Court's case-law,in so far as those rights can be limited only in the application of the exceptions and limitations listed exhaustively in Article 5 of that directive.
By the ninth question, the referring court is seeking to ascertain whether the application of the exception relating to commercial or industrial information within the meaning of Article 4(2)(d) of the Environmental Information Directive requires a distinction to be made between‘emissions', on the one hand, and‘discharges and other releases into the environment', on the other hand.
After some degree of discussion, the Advocate General answer the fifth question as"… Member States are required to ensure the protection, in their domestic law, of the exclusive rights set out in Articles 2 to 4 of Directive 2001/29,in so far as those rights can be limited only in the application of the exceptions and limitations listed exhaustively in Article 5 of that directive.
(17a) In order to guarantee legal certainty,in the event that a Member State decides to make the application of the exception subject to the availability of adequate licences, it is necessary to specify under which conditions an educational establishment or an entity certified to carry out teaching activities may use protected works or other subject-matter under the exception and, conversely, when it should act under a licensing scheme.
In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates granted on or after a specified date after entry into forceof this Regulation and by imposing certain conditions on the application of the exception.
Member States shall provide that all rightholders may, at any time, easily and effectively, exclude▌ their works orother subject matter from the licensing mechanism set out in paragraph 1 or from the application of the exception or limitation provided for in paragraph 2, either in general or in specific cases, including after the conclusion of a licence or after the beginning of the use concerned.