EC Treaty. 18.2 The Parties warrant that they have disclosed and provided on a confidential basis according to their Best Knowledge to the above mentioned law firms all pertinent facts and relevant market information as available to them for the self-assessment.
EC Treaty. 1 SCOEL SUM Doc 94-final on respirable crystalline silica, June 2003. Having regard to the aforesaid, the Parties conclude the following Agreement on prevention and workers health protection through the good handling and use of crystalline silica and products containing it.
EC Treaty. Main argument of the UK was “that provision permits the adoption only of directives which have a genuine and objective link to the "health and safety" of workers. That does not apply to measures concerning, in particular, weekly working time, paid annual leave and rest periods, whose connection with the health and safety of workers is too tenuous. That interpretation is borne out by the expression "working environment" used in Article 118a, which implies that directives based on that provision must be concerned only with physical conditions and risks at the workplace.” (§ 13) The ECJ hold however another view: “There is nothing in the wording of Article 118a to indicate that the concepts of "working environment", "safety" and "health" as used in that provision should, in the absence of other indications, be interpreted restrictively, and not as embracing all factors, physical or otherwise, capable of affecting the health and safety of the worker in his working environment, including in particular certain aspects of the organization of working time. On the contrary, the words "especially in the working environment" militate in favour of a broad interpretation of the powers which Article 118a confers upon the Council for the protection of the health and safety of workers. Moreover, such an interpretation of the words "safety" and "health" derives support in particular from the preamble to the Constitution of the World Health Orga- nization to which all the Member States belong. Health is there defined as a state of complete physical, mental and social well-being that does not consist only in the absence of illness or infirmity.” (§15) Further on in the judgement, the ECJ also argues that article 118a (and the interpre- tation given to it in this judgement) is not only the appropriate basis for the working time directive, but also for the FWD, its individual directives as well as directives which, whilst not based on Directive 89/391, clearly focus upon a specific health or safety problem in a specific situation. Thereby to note is that the ECJ also referred to the abovementioned paragraph 15 in SIMAP (Case C-303/98) and Xxxxxx (C-151/02) on on-call work. ANNEX 3 Categorisations of “stressors”
EC Treaty. Having regard to the aforesaid, the Parties conclude the following Agreement on prevention and workers health protection through the good handling and use of crystalline silica and products containing it.
EC Treaty. Competition Competence Report 6 / 2005.
EC Treaty. 90 Paragraph 17 of the Report for the hearing refers that SEVIC Systems AG is the parent company of Security Vision. The Report has not been published, but is available at the Court on request. 91 ECJ, case C-411/03, SEVIC Systems AG, Rec. 2005, I-10805 (par. 28). 92 The distinction which the ECJ used to make between seat transfers and mergers is somewhat curious. Daily Mail brought along that Member States have the exclusive power to decide about life and death of companies. In a certain way, the point of life and death also applies to mergers, since a merger results in the winding up of the transferring company. I doubt, therefore, whether the ECJ would enforce outbound mergers (contrary to SEVIC which regarded an inbound merger).
