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Külső források (nem ellenőrzött)

Article 11(2) of Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit is to be interpreted as meaning that, in a situation such as that in the main proceedings, an agreement between a supplier and a grantor of credit whereunder credit is made available exclusively by that grantor of credit to customers of that supplier is not a necessary condition for the right of those customers to pursue remedies against the grantor of credit — where the supplier is in breach of contract — in order to obtain the termination of the credit agreement and the subsequent reimbursement of the sums already paid to the grantor of credit.

It follows that, in the absence of knowledge about the factors which determine the respective values of the choices offered to creditors, the mere fact that there is an apparent lack of proportion between the amounts which the various creditors have written off is not in itself conclusive as to the reasons which led them to accept the debt remissions proposed.

Where an awarding authority that receives subsidies paid from the ERDF has failed to comply with one or more public procurement rules in the implementation of the subsidised project, when it is not otherwise disputed that that project is eligible for that fund and that it has been implemented, is there a provision of Community law, in particular in Council Regulation (EEC) No 2052/88 (1) of 24 June 1988 and Council Regulation (EEC) No 4253/88 (2) of 19 December 1988, that creates an obligation to recover subsidies?

The protection of individuals with regard to the processing of personal data is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, which is fully applicable to the processing of personal data for the purposes of this Regulation, in particular as regards the rights of data subjects to access, rectification, blocking and erasure of data and notification to third parties, which have not in consequence been further particularised in this Regulation.

By their seventh plea, the applicants submit that the Commission should have taken into account the applicants' precarious financial situation and resulting inability to pay a high fine, in particular as a result of the onerous penalty already imposed on it in the parallel Industrial Tubes case (1 ).

Overall spending at global level by governments, businesses and the financial world on research and development in the N&N sector was estimated to stand, in January 2005, at some EUR 7 billion per annum (17 ) (more than half from public funds), of which approximately 35 % was spent in North America, 35 % in Asia, 28 % in Europe and 2 % in the rest of the world.

The current presentation in the balance sheet of the provision for pensions (15 ) (26 008 million euro at 31 December 2004 according to an actuarial evaluation for staff (25 814 million euro) and for the Members of the Commission, the Judges and Advocates General of the Court of Justice as well as for the Members of the Court of Auditors (194 million euro)) and of the corresponding amount receivable from the Member States has the effect of neutralising the impact on the economic outturn, as it does not show the change during 2004 for the Community institutions’ pension liabilities (see paragraphs 1.31 to 1.32 of the 2002 and 1.10(h) of the 2003 Annual Report).

However, in the case of ordinary debentures, because of the rights they confer on their holders, the protection of investors by means of the publication of a half-yearly report is not essential; by virtue of this Directive, convertible or exchangeable debentures and debentures with warrants may be admitted to official listing only if the related shares are already listed on the same stock exchange or on another regulated, regularly operating, recognised open market or are so admitted simultaneously; the Member States may derogate from this principle only if their competent authorities are satisfied that holders have at their disposal all the information necessary to form an opinion concerning the value of the shares to which these debentures relate; consequently, regular information needs to be coordinated only for companies whose shares are admitted to official stock-exchange listing.

Council Regulation (EC) No 2073/2004 of 16 November 2004 on administrative cooperation in the field of excise duties (3 ) provides for a common system whereby, in order to ensure the correct application of legislation on excise duties and to combat the evasion of excise duties and the ensuing distortions in the internal market, Member States assist each other and cooperate with the Commission.

For its part, the Committee is satisfied with the fact that the proposed directive (Article 3) clearly details the unlawful acts covered, in keeping with the general principle of law ‘Nulla poena sine lege’ (8 ), a general principle that requires criminal legislation to be clear and precise, so that the individuals concerned unambiguously aware of the rights and obligations entailed, or in other words: no sanction without specific legal basis.

The material prepared for analysis from the laboratory sample, by separation of the portion of the product to be analysed (1 )(2 ) and then by mixing, grinding, fine chopping, etc., for the removal of analytical portions with minimal sampling error.

So I share your approach to have a more coordinated European plan, namely to get out of this crisis and to build this kind of smart green growth we want; but at the same time we have to accept that we have 27 national budgets, we have 27 finance ministers, we have 27 national banks apart from our European Central Bank, and it is very important to reinforce the euro and to have economic policies and financial policies that are sustainable.

Is Article 11(2) of Council Directive 102/87/EEC (1 ) to be interpreted as meaning that an agreement between a supplier and a grantor of credit whereunder credit is made available exclusively by that grantor of credit to customers of that supplier is a necessary condition for the consumer's right to pursue remedies against the grantor of credit — where the supplier is in breach of contract — even where that right is (a) only to termination of the credit agreement; or (b) to termination of the agreement and consequently to reimbursement of the sums paid to the grantor of credit?

The objective of the proposed European Year is further consistent with the objectives of the Europe 2020 strategy, to the extent that facilitating free movement and workers' mobility has been acknowledged in the "Youth on the Move" and the "Agenda for new skills and jobs" flagship initiatives9 as well as the 2006 "European Year of Workers' Mobility" and the ensuing "European Job Mobility Action Plan"10 as a way of addressing the consequences of demographic change on the labour market and increasing the employability of people and the competitiveness of European economies.

Firstly, because we will have a new legal foundation, which will save us lengthy ratification procedures and therefore make it possible for Europol to adapt quickly and flexibly to new situations, and secondly, because not only will the protocols be adopted, but jurisdiction will be extended to encompass preparatory data and data on procurement of funds, because the operating appropriations are being increased, because the funding comes from the EU budget and therefore greater independence is established for Europol as well and better monitoring opportunities are provided for us as Parliament and last but not least, because in future, data protection will also continue to be safeguarded at a very high level.

The EESC shares the concerns of those involved: Atlantic cooperation has suffered from the limitations of transnational territorial cooperation in general, the lack of a strategic vision, the absence of coordination between projects and the resulting loss of synergies, and the proliferation of non-operational projects (12). 6.8 The EESC believes that this history of dynamic, diversified cooperation between the Atlantic stakeholders provides a solid basis from which to implement new cooperation initiatives with greater ambitions and strategic dimensions.

Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992, must be interpreted as precluding national legislation which makes the right to damages for an infringement of public procurement law by a contracting authority conditional on that infringement being culpable, including where the application of that legislation rests on a presumption that the contracting authority is at fault and on the fact that the latter cannot rely on a lack of individual abilities, hence on the defence that it cannot be held accountable for the alleged infringement.

Read in the light of the principle of equal treatment of economic operators and the ensuing obligation of transparency, Article 36(2) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, precludes the contracting authority in a tendering procedure from stipulating at a later date the weighting factors and sub-criteria to be applied to the award criteria referred to in the contract documents or contract notice.

The proposed governance model is based on the experience gained from the first Article 169 initiative undertaken during the Sixth Framework Programme, namely the EDCTP (5). 3.5 A budget of EUR 400 million is earmarked for the EMRP initiative, EUR 200 million of which is contributed by the participating countries for the period 2009-2016, and a further EUR 200 million of which is to be contributed by the Community.

   Where a Member State in which a waste facility is situated is aware that the operation of a Category A waste facility is likely to have significant adverse effects on the environment of, and any resultant risks to human health in, another Member State, or where a Member State likely to be thus affected so requests, the Member State in whose territory the application for a permit pursuant to Article 7 was submitted shall forward the information provided pursuant to that Article to the other Member State at the same time as it makes it available to its own nationals.

   Member States shall ensure that associations, organisations or other legal entities which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring that the provisions of this Directive are complied with, may engage, either on behalf or in support of the complainant, with his approval, in any judicial and/or administrative procedure provided for the enforcement of obligations under this Directive.