Examples of using General principle of equal in English and their translations into Romanian
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The Member States are also bound to observe the general principle of equal treatment and non-discrimination when they implement Community rules.
According to the Court, such treatment presupposes legislative choices, based on a weighing of the interests at issue and the¤xing in advance of precise and detailed rules, andcannot be inferred from the general principle of equal treatment.
Such an(unlikely) arrangement would surely have been caught by the general principle of equal treatment that has always formed part of Community law.
Secondly, I think that the conclusions which the Court drew in Mangold from the existence of such a principle are consistent with the case-law it has progressively developed in regard to the general principle of equal treatment and non-discrimination.
Moreover the Court has on occasion recognised that the general principle of equal treatment can be applied horizontally when it is incorporated in a substantive Treaty article.
For that reason, the lawfulness of such rules are conditional, from that date, upon their compliance with the general principles andfundamental rights whose observance the Court ensures and within which the general principle of equal treatment and non-discrimination features prominently(Rodríguez Caballero, paragraphs 31 and 32).
In particular, although German employment law incorporates the general principle of equal treatment, the age-gap clause is based on a fair reason, namely the limitation of risks assumed by voluntary pension schemes and the aim to make those risks more quantifiable.
The reasoning developed by the Court in Mangoldtakes account of the various developments resulting from its case-law in order to ensure the effectiveness of the general principle of equal treatment independently of the expiry of the time-limit for transposing Directive 2000/78.
(76) Consequently, observance of the general principle of equal treatment, in particu- lar in respect of age, cannot as such be conditional upon the expiry of the period allowed the Member States for the transposition of a directive intended to lay down a general framework for combating discrimination on the grounds of age….
This includes ensuring procurement regulations(including concessions) are aligned with the acquis,based on the general principle of equal treatment, non-discrimination, proportionality and transparency, and are duly enforced.
The general principle of equal treatment thus applies in a situation where traders are all holders of VAT credits, seek to obtain repayment from the tax authorities and find that their claims for a refund are treated differently, irrespective of the competitive relationships which may exist between them.
However, the referring court wonders whether the qualifications to the general principle of equal treatment that are enshrined in German employment law can survive in the light of the principle of non-.
My analysis of this question would be the same if, contrary to what Ihave set out above, there were a specific principle of Community law prohibiting discrimination on grounds of age(rather than a general principle of equal treatment that includes equal treatment irrespective of age).
Given that the general principles are fundamental to the whole system of Community law, it then followed that‘observance of the general principle of equal treatment, in particular in respect of age,[could not] as such be conditional upon the expiry of the period allowed the Member States for the transposition of[Directive 2000/78]'.
That position, which is based largely on the specific nature of the directives intended to counteract discrimination and on the hierarchy of norms in the Community legal order,is that a directive which has been adopted to facilitate the implementation of the general principle of equal treatment and non-discrimination cannot reduce the scope of that principle. .
(31) Consequently, the Court considered that observance of the general principle of equal treatment, in particular in respect of age, could not as such depend on the expiry of the period allowed the Member States for the transposition of a directive intended to lay down a general framework for combating discrimination on the grounds of age.
The national court must, in principle, order the repayment inits entirety of the VAT payable to the trader who has suffered discrimination, in order to provide compensation for the infringement of the general principle of equal treatment, unless there are other ways of remedying that infringement under national law.
Furthermore, the general principle of equal treatment, the infringement of which may be established, in matters relating to tax, by discrimination affecting traders who are not necessarily in competition with each other but are nevertheless in a similar situation in other respects, precludes discrimination between‘payment traders' and‘repayment traders', which is not objectively justified.
From that point of view,it is not surprising that the prohibition of age discrimination, as a specific expression of the general principle of equal treatment and non-discrimination and as a fundamental right, should enjoy the eminent status of a general principle of Community law.
Consequently, in the absence of any objective justification, paragraphs A and B of Annex I to the general implementing provisions for the transitional measures applicable to staff employed by the Office for Infrastructure in Brussels in the day nurseries and kindergartens in Brussels, to which Article 7 of those same general implementing provisions refers,infringes the general principle of equal treatment.
There is no higher principle of Community law guaranteeing Community pensioners‘equal treatment in terms of purchasing power', but a general principle of equal treatment and non‑discrimination which it was for the legislature to implement using the method and means it deemed most appropriate.
However, the referring court considers that it is incompatible with the general principle of equal treatment enshrined in Article 20 of the Charter of Fundamental Rights of the European Union for discounts for private health insurance companies not to reduce the taxable amount, unlike discounts in connection with statutory health insurance, even though the pharmaceutical company is encumbered in the same way by both discounts.
It follows from the foregoing that the Commission correctly considers criterion 5, whose wording expressly refers to the concept of discrimination,to be the specific application of the general principle of equal treatment in the context of implementation by the Member States of Directive 2003/87 and, more specifically, in the context of the allocation of allowances effected on the basis of the NAPs.
The prohibition of discrimination under Clause 4(1) of the Framework Agreement expresses the general principle of equal treatment and nondiscrimination and is intended to protect employees from being treated less favourably- with regard to their employment conditions- on the grounds of their status as fixedterm workers by comparison with comparable permanent workers.
However, although infringement of the principle of fiscal neutrality may be envisaged only as between competing traders, as has been pointed out in paragraph 47 of this judgment,infringement of the general principle of equal treatment may be established, in matters relating to tax, by other kinds of discrimination which affect traders who are not necessarily in competition with each other but who are nevertheless in a similar situation in other respects.
Criterion 5, whose wording expressly refers to the concept of discrimination,is the specific application of the general principle of equal treatment in the context of implementation by the Member States of Directive 2003/87 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Directive 96/61 and, more specifically, in the context of the allocation of allowances effected on the basis of national allocation plans.