Examples of using Contested provisions in English and their translations into German
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Colloquial
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Official
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Ecclesiastic
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Medicine
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Financial
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Ecclesiastic
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Political
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Computer
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Programming
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Official/political
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Political
That the other contested provisions must be upheld as constitutional.
It is therefore both individually and directly concerned by the contested provisions.
Considering that the contested provisions do not violate any other right or freedom guaranteed by the Constitution;
It must be examined in more detail whether the contested provisions meet that requirement.
Considering that the contested provisions are not contrary to any other right or freedom guaranteed by the Constitution;
The Commission takes theview that the secondary legal bases contained in the contested provisions are unlawful.
The contested provisions provide for decisions to be taken by the Council by a qualified majority after consultation of the Parliament.
The Federal Republic of Germany does not accept that the contested provisions are a measure having equivalent effect to a quantitative restriction on imports.
The case was closed given that France had adopted Law 2003-1119 of 26.11.2003 suppressingthe obligation for all Union citizens to obtain a residence card and had modified the contested provisions.
In the light of the foregoing, the contested provisions must be considered to be justified on grounds relating to the protection of public health.
The Council adds that, since the Treaty required only the consultation of the Parliament for the adoption of Directive 2005/85,it is hard to find fault with recourse to the contested provisions which provide for the same level of participation by the Parliament.
Considering that the contested provisions, which are not in any case unintelligible, do not violate any other right or freedom guaranteed by the Constitution;
With regard to the first of those conditions, the Council observes, in essence, that the lists of safe countries will not be adopted on the basis of Article63 EC but will be founded on the contested provisions, which provide for a less cumbersome procedure than that used for the adoption of the basic act.
According to the Commission, the contested provisions cannot be regarded as reservations of the right to exercise implementing power, available to the Council on the basis of the third indent of Article 202 EC.
The applicants consider that they were entitled to expect that the Council would not deprive them of their right to market the veterinary medicinal products in question,and submit that the contested provisions are contrary to the fundamental principles of protection of legitimate expectations and legal certainty.
It follows from all of the foregoing that the contested provisions are liable to hinder intraCommunity trade and constitute a measure having equivalent effect to a quantitative restriction on imports prohibited by Article 28 EC.
Equally irrelevant is the circumstance, relied on by the Federal Republic of Germany, that a pharmacy established in another Member State has the opportunity to supply medicinal products to the hospital's internal pharmacy orto an external pharmacy which satisfies the cumulative conditions laid down in the contested provisions.
In those circumstances, no possibility arises of a reclassification of the contested provisions to enable the view to be taken that the Council applied the third indent of Article 202 EC.
The contested provisions introduce a procedure for the adoption of those measures by a qualified majority on a proposal from the Commission and after consultation of the Parliament; such a procedure differs from those laid down in Article 67 EC.
The applicants therefore submit that the Council infringed the principle of legal certainty, also known as'patere legem quam ipse fecisti',by departing from the usual criteria for authorisation and adopting the contested provisions for the sole purpose of facilitating checks by the competent national authorities, even though that cause was not dictated by any overriding matter of public interest.
It would be a matter of regret if the contested provisions in the American DMCA were to be transposed into an international treaty, only then to compete with the WIPO treaties and add to the confusion surrounding copyright and related rights at European and international level.
That conclusion cannot be rebutted by the circumstance, relied on by the Federal Republic of Germany, that,in relation to the sale of medicinal products to German hospitals, the contested provisions do not place pharmacies established outside that Member State at any greater disadvantage than pharmacies situated in Germany which have their dispensaries situated at some distance from the hospital for which the medicinal products are intended.
In this case, the contested provisions of Regulation No 1312/96 produce such effects in relation to BI Vetmedica, since, having regard to the legislation in force(see Article 14 of Regulation No 2377/90), the restriction on the validity of MRLs for clenbuterol to certain precise therapeutic indications is equivalent to a.
As regards the second of those conditions, it is undisputed that the contested provisions lay down a series of cumulative criteria which in practice require, as the Federal Republic of Germany moreover expressly acknowledges, a degree of geographical proximity between the pharmacy supplying the medicinal products and the hospital for which those products are intended.
It is common ground that the contested provisions, which, according to the Federal Republic of Germany, have the objective of ensuring that the supply to hospitals of medicinal products by an external pharmacy is reliable and of good quality, reflect concerns for public health which are within the ambit of Article 30 EC and that, consequently, they are, in principle, capable of justifying a restriction on the free movement of goods.
As regards the first of those conditions, it is clear that the contested provisions apply indiscriminately to all the operators concerned who carry out their business on German territory, since they apply to all pharmacies which wish to supply medicinal products to German hospitals, whether they are established in Germany or in another Member State.
Considering that the contested provisions enable the extraordinary shareholders' meeting to authorise the board of directors or the management to make a free allocation of shares to all employees of the company provided that, firstly, the percentage of share capital thereby allocated does not exceed 30%, and secondly that the difference between the number of shares distributed to each employee does not exceed a ratio of one to five;
In addition, in the present dispute- which concerns a directive the contested provisions of which reserve to the Council a power which is not limited in time- the Council has not advanced any argument as to why those provisions should be reclassified as provisions on the basis of which the Council has reserved the right to exercise directly specific implementing powers itself.
OPINION OF MR POIARES MADURO- CASE C-133/06 the contested provisions as an expression of the Council's wish to deal with the question of the designation of safe countries, albeit following a simplified procedure, by way of legislation, one has to wonder whether it is lawful to have recourse to a secondary legal basis in order to adopt legislative measures.
Considering that, whilst it follows from the contested provisions from Article 6 of the Code of Criminal Procedure that the definitive decision by an administrative authority ruling on a penalty with the nature of punishment does not constitute a ground for the extinction of the public action, these provisions do not violate any right or freedom guaranteed by the Constitution; that the phrase"res judicata" appearing in the first subparagraph of Article 6 of the Code of Criminal Procedure must be ruled constitutional;