▾

External sources (not reviewed)

The Commission shall take the necessary steps, if Bosnia and Herzegovina so requests, to ensure that an early repayment clause is included in the loan terms and conditions and matched by a corresponding clause in the terms and conditions of the borrowing operations.

A provisional and transitory Repairs Clause is already foreseen in article 110(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 with effect on Community design3.

For this reason, the EESC feels that exactly the same proposal as it made with regard to Article 6 applies here, in other words that the use of methods of service without proof of receipt by the defendant should not be admissible and that, therefore, the clause ‘if the defendant's address is not known with certainty’ should be deleted from the end of Article 9(2).

recommends that the Commission implement – in the context of the Single Market Act – all the advances of the Lisbon Treaty that could help restore EU citizens' confidence in the single market, particularly Article 3 TEU, which establishes new social objectives for the EU in terms of combating social exclusion and discrimination, promoting social justice and protection, gender equality, solidarity between generations and protection of the rights of the child, the Charter of Fundamental Rights, the application of the ‘horizontal social clause’ as well as universal access to essential services for EU citizens in their local areas (Article 14 TFEU and Protocol 26)

It therefore proposes, as stressed in its opinion on the aforementioned Green Paper, that the use of methods of service without proof of receipt by the defendant should not be admissible and that the clause ‘if the defendant's address is not known with certainty’ should therefore be deleted from the end of Article 6(2).

Review clause stating that “The Contracting Parties shall consult with each other at least every three years or at the request of either Contracting Party with a view to examining and – if deemed necessary by the Contracting Parties – improving the technical functioning of the Agreement.

Clause 12 of the Old Public Service Contract lays down in detail which costs can be compensated for and how they are to be calculated: the coverage differential (the difference in costs borne by RTP Channel 1 and the costs borne by the largest private television operator), the operating deficit in the Autonomous Regions, the deficit in running the audiovisual library, the operational cost of RTPInternational, the cost of operating the structure for cooperation with the Portuguese-speaking African countries (PALOPs), the cost of allowing viewing time for certain entities, the cost of delegations and correspondents, and the costs of the S. Carlos National Theatre Foundation.

  Lastly, the EESC considers that including a supranational standard choice of court clause in Regulation 44/2001 would facilitate access for individuals and businesses to effective legal remedy, because it would avoid uncertainty concerning the validity of the choice-of-court agreement, with the aim of avoiding forum shopping by whatever measures are required.

The auction scheme for cultivation contracts shall require a clause to be included in contracts as referred to in Article 9(1) under which producers may replace the first purchaser with another first processor not later than 20 days before the date on which delivery of the tobacco commences.

In the wake of the events concerning Eurostat, the 2004 Code of Conduct for Commissioners23 introduced a stipulation which is still in force that all Commissioners be informed at least every six months of the difficulties and risks linked to financial management, of the effectiveness of internal control and audit, and of issues raised by controlling bodies or the discharge authority.

E.g. vigilance alarm function (See Annex A, index 32, clause 5.7 and Annex A, index 33. When the vigilance function triggers an alarm, and this optional function is implemented, an automatic message generated by the vigilance system is sent by the cab radio to the track).

As can be seen from paragraph 55, the public service obligations are clearly entrusted to RTP under various laws and contracts: Article 5 of Law No 58/90, Articles 4(1) and 5 of Law No 21/92 and Clause 1 of the public service contracts.

Does a provision concerning part-time working for older employees, contained in an individual contract, which stipulates that the agreed top-up amount is to be calculated in accordance with the German Order on Minimum Net Pay in the case also of frontier workers from France, such as Paragraph 5(1) of the contract of part-time working for older employees concluded between the parties, infringe Article 45 TFEU, as specifically implemented by Article 7(4) of Council Regulation (EEC) No 1612/68 (1) of 15 October 1968?

Article 4(3) should be understood as an ‘escape clause’ from Article 4(1) and (2), where it is clear from all the circumstances of the case that the tort/delict is manifestly more closely connected with another country.

In their reply to the reasoned opinion of 6 August 2010, the Italian authorities admitted that ‘(t)he residence clause contained in Article 12 of DPR 752/1976 could contain elements of indirect discrimination and therefore be contrary to Article 45 TFEU’ and that ‘(i)n order to resolve this problem, the text of the article will be amended without further ado’.

As a result, it appears that winding-up would have been less favourable than the scenario actually considered by the Spanish authorities, whose privileged position was explicitly provided for in the special agreement, clause 10 of which specifically stated that the agreement would be null and void if more favourable conditions were subsequently agreed with any other creditors.

Non-solicitation and confidentiality clauses should be evaluated the same way as non-competition clauses, to the extent that their restrictive effect does not exceed that of a non-competition clause.

New provisions have been introduced to this end: (i) the exclusivity clause, which prohibits the existence of private licences or other private arrangements outside the scope of the Agreement, (ii) VMS requirements to reinforce checks on vessels operating in Comorian waters, (iii) the social clause applicable to local seamen signed on by Community vessels, (iv) rules on taking on board observers.