case-law of the Court of Justice

Furthermore, the case-law of the Court of Justice has established a legal framework for this issue. That framework cannot be ignored.

Secondly, we have the European Convention and the case-law of the Court of Justice in Strasbourg.

The case-law of the Court of Justice fills in the gaps left by the secondary law of the European Union, but we do not have secondary law.

The case-law of the Court of Justice confirms, in the Benjes judgment, that social requirements can be taken into account if this is stated in the general specifications for a contract.

These excesses are a cross-border phenomenon, it is money as king, crazy money, and has unfortunately been strengthened by the case-law of the Court of Justice of the European Communities.

According to the case-law of the Court of Justice on this matter, the Member States should maintain their autonomy and legitimacy in regulating the activity of providers of online gambling and gambling games.

In accordance with the case-law of the Court of Justice, a Member State is not permitted to require of providers of services the same conditions required of persons established permanently in their territory.

Our concern at present is, as Mr Lehne has said, that we are relying too heavily on judicial development of the law, in other words, on development through the case-law of the Court of Justice.

In essence, what is at issue is a principle established by the case-law of the Court of Justice: the principle of loyal collaboration between the institutions. Parliament makes a proposal which requires Council authorisation.

The directive proposed by the Commission, however, switches from one meaning to the other, taking the case-law of the Court of Justice as a basis but going beyond it, without the necessary adjustments being made in the Treaty after democratic debate.

The case-law of the Court of Justice permits the use of Article 37 for provisions that have an ancillary effect on non-Annex I products, where this is necessary for the proper functioning of the CMO.

The Commission will continue to observe the markets and examine their effects on potential circumvention of national price-fixing systems, taking into account the cultural diversity of the book market and the existence of clear case-law of the Court of Justice.

But since the case-law of the Court of Justice considers that this article is not applied to compulsory social security schemes, where they are directly regulated by law, the same is not true of occupational social security schemes.

To cap it all, the concept of an inactive period of on-call time is being introduced, which is to be excluded from working time, and which completely contradicts the case-law of the Court of Justice of the European Communities.

This deprives universities of their rights to assess the circumstances for awarding a diploma, which directly contravenes Council Directive No 8948 of 21 December 1988 and the case-law of the Court of Justice of the European Union.

However, the case-law of the Court of Justice often proves to be unsafe for the enforcement of national laws that are subject to the Court's binding principles and dogmas even if they are clearly contrary to the best-established legal traditions of the Member States.

In view of the recent case-law of the Court of Justice concerning double taxation, what measures does the Council intend to propose in order to harmonise European tax law so that European citizens do not have to pay twice for the same taxable transaction?

Systems based on regulations must be considered on the basis of Article 28 of the Treaty, whereas agreements between companies must comply with Article 81 of the Treaty. In both cases, the case-law of the Court of Justice must obviously be respected.

The proposed amendments to the Directive which the Commission is now suggesting to us are based on the case-law of the Court of Justice in respect of various cases, the most famous of which is the Barber Judgment, although others since then have fleshed out that interpretation.

Commissioner Flynn, you and the Commission have taken all this very lightly, and only seem to want to incorporate the case-law of the Court of Justice into the 1986 directive, without considering the adverse effects of this on female workers, which is why we feel our amendments are particularly necessary.

Most importantly, we have the concept of public health, to which we have given a broad interpretation in line with the World Health Organisation - health as a state of complete physical, mental and social well-being - and in accordance also with the case-law of the Court of Justice.

We could have a different Treaty, which would impose obligations on the Commission with regard to things that have happened previously, but in this case the case-law of the Court of Justice is clear and that is why I raised objections in relation to this issue and I continue to do so today.

In accordance with the case-law of the Court of Justice of the European Union, this directive allows the European public the greater security of enabling them to benefit from the healthcare they need in a different Member State and to be reimbursed up to the amount set out by their national system.

One of these systems is based on the Charter of Fundamental Rights and the case-law of the Court of Justice, and the other is based on the European Convention on Human Rights and the case-law of the European Court of Human Rights.