Examples of using Application of the exception in English and their translations into Slovenian
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Financial
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Computer
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Official/political
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Programming
In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences.
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.
Whereas the application of the exception for the protection of international relations applies as stated in paragraph 19 of In‘t Veld v Council(T-529/09);
Expresses concern at the routine application of the exception for the protection of international relations as a justification for the classification of documents;
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.
That finding is supported by the argument based on the requirement that Member States be consistent in the application of the exceptions which bind them, as set out in the last sentence of recital 32 in the preamble to Directive 2001/29.
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 particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, cove ring at least the same uses as those allowed under the exception. .
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.
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.
In order toguarantee 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.
Those measures should not exceed what is necessary, proportionate and effective to pursue the objective of ensuring the security of the system andshould not undermine the effective application of the exception or impede the reproducibility of research results.
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 first subparagraph 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 tojustify application of the exception to the right of access.
Recital 42 refers to the non-commercial nature of teaching andscientific research as the determining criterion for the application of the exception, irrespective of the organizational structure and the means of funding of the institution where these activities are undertaken.
Such application of the exception would allow the holder of a certificate that has been granted, but that has not yet taken effect by the date of the entry into force of this Regulation, a reasonable period of transition to adapt to the changed legal context, while at the same time ensuring that makers of generics and biosimilars can benefit effectively, without excessive delay, from the exception. .
In view of the specific nature of the exception, its targeted scope and the need for legal certainty for its beneficiaries, Member States should notbe 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).
In view of the specific nature of the exception provided for under this Directive, its specific scope and the need for legal certainty for its beneficiaries, Member States should notbe allowed to impose additional requirements for the application of the exception, such as the prior verification of the commercial availability of works in accessible formats.
(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.
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.
In this case, inparagraphs 111 to 120 of the judgment under appeal, the General Court limits the application of the exception under Article 4(1)(b) of that regulation to situations in which privacy or the integrity of the individual would be infringed for the purposes of Article 8 of the ECHR and the case-law of the European Court of Human Rights, without taking into account the legislation of the Union concerning the protection of personal data, particularly Regulation No 45/2001.
(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 onlybe allowed to impose additional requirements for the application of the exception to the extent that such requirements support national markets in accessible format copies and are consistent with the three step test, such as compensation schemes or the prior verification of the commercial availability of accessible format copies.
By their pleas in law in support of these appeals,the appellants invite the Court to adjudicate on the scope and application of the exception to the obligation to disclose documents which is provided for, where disclosure would undermine the protection of legal advice, by the second indent of Article 4(2) of Regulation(EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents(OJ 2001 L 145, p. 43).