Reference to EC law and ECJ case law Sample Clauses

Reference to EC law and ECJ case law. The Preamble of the AFMP states that the Contracting Parties intend to introduce the free movement of per- sons “on the basis of the rules applying in the EC”. Art. 16(1) of the AFMP states that the Contracting Parties will take all measures necessary to ensure that rights and obligations “equivalent to those contained in the legal acts of the EC” to which reference is made in the Agreement (acquis communautaire). Under Art. 16(2) of the AFMP, insofar as the application of the Agreement involves “concepts of Community law”, account is taken of the relevant case law of the ECJ “prior” to the date of its sig- nature.117 Specifically, Art. 16(2) of the AFMP states that case law after date of signature will be brought to Switzerland’s attention. At the request of either Con- tracting Party, a Joint Committee determines the impli- cations of this case law. (1) of the Vienna Convention, a treaty should also be interpreted in good faith and in the light of its object and purpose. Accord- ingly, ECJ case law after the date of signature is taken into account, insofar as it is required for an interpreta- tion in good faith and the objective of the AFMP.122 Even though the articles on the principle of equal treat- ment as set out in the AFMP are not always identical to Arts. 39, 43 and 49 of the EC Treaty, in the author’s view, an interpretation in good faith and in the light of the object and purpose of the AFMP means that the Agree- ment generally provides for measures equivalent to those in the EC Treaty in respect of the free movement of workers, the right of establishment and the freedom of services. The right of establishment is, however, limited to individuals and the freedom to provide services appears to be limited to brief periods not exceeding 90 days of work in a calendar year. As noted in 4.1.2., the AFMP also takes account of the right of entry and resi- dence of persons without an economic activity similar to Art. 18 of the EC Treaty that is not linked to an economic factor. In a recent Austrian case decided by the Independent Finance Court, a worker, who was resident in Austria but employed by a Swiss company, was denied an exemption for third country income on the grounds that the he was employed by a Swiss rather than an Austrian company.123 Specifically, the Court held that Arts. 39, 43 and 49 of the EC Treaty apply to Swiss territory by virtue of the AFMP. ECJ case law on the freedom of establishment of com- panies does not apply under the AFMP. A...
Sample 1

Related to Reference to EC law and ECJ case law

  • Reference to Loan Agreement Each of the Loan Agreement and the Other Agreements, and any and all other agreements, documents or instruments now or hereafter executed and delivered pursuant to the terms hereof or pursuant to the terms of the Loan Agreement, as amended hereby, are hereby amended so that any reference in the Loan Agreement and such Other Agreements to the Loan Agreement shall mean a reference to the Loan Agreement as amended hereby.

  • Reference to and Effect Upon the Credit Agreement (a) The Credit Agreement and the other Loan Documents shall remain in full force and effect, as amended hereby, and are hereby ratified and confirmed. (b) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or any Lender under the Credit Agreement or any Loan Document, nor constitute a waiver or amendment of any provision of the Credit Agreement or any Loan Document, except as specifically set forth herein. Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of similar import shall mean and be a reference to the Credit Agreement as amended hereby.

  • REFERENCE TO THE CREDIT AGREEMENT (a) Upon the effectiveness of this First Amendment, each reference in the Credit Agreement to "this Agreement", "hereunder", or words of like import shall mean and be a reference to the Credit Agreement, as affected and amended hereby. (b) The Credit Agreement, as amended by the amendments referred to above, shall remain in full force and effect and is hereby ratified and confirmed.

  • Reference to Credit Agreement The Credit Agreement and any and all other agreements, instruments or documentation now or hereafter executed and delivered pursuant to the terms of the Credit Agreement as amended hereby, are hereby amended so that any reference therein to the Credit Agreement shall mean a reference to the Credit Agreement as amended hereby.

  • Reference to and Effect on Loan Documents (a) Upon the effectiveness hereof, each reference in the Agreement to “this Agreement,” “hereunder,” “hereof,” “herein,” or words of like import, and each reference in the Loan Documents to the Agreement shall mean and be a reference to the Agreement as amended by this Amendment. (b) The Agreement, as amended by this Amendment, represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof. This Amendment supersedes all prior negotiations and any course of dealing between the parties with respect to the subject matter hereof. This Amendment shall be binding upon each Borrower and its successors and assigns, and shall inure to the benefit of, and be enforceable by, the Agent, the Lenders and each of their successors and assigns. The Agreement, as amended hereby, is in full force and effect and, as so amended, is hereby ratified and reaffirmed in its entirety. Each Borrower acknowledges and agrees that the Agreement (as amended by this Amendment) and all other Loan Documents to which such Borrower is a party are in full force and effect, that such Borrower’s obligations thereunder and under this Amendment are its legal, valid and binding obligations, enforceable against it in accordance with the terms thereof and hereof, and that such Borrower has no defense, whether legal or equitable, setoff or counterclaim to the payment and performance of such obligations. (c) Except as expressly and specifically set forth herein, the terms, provisions and conditions of the Agreement shall remain in full force and effect and unchanged by the terms of this Amendment. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Agent or the Lenders under the Agreement, nor constitute a waiver of any provision of the Agreement.

  • Reference to and Effect on the Credit Agreement (a) Upon the effectiveness hereof, each reference to the Credit Agreement in the Credit Agreement or any other Loan Document shall mean and be a reference to the Credit Agreement as amended hereby. (b) Except as specifically amended above, the Credit Agreement and all other documents, instruments and agreements executed and/or delivered in connection therewith shall remain in full force and effect and are hereby ratified and confirmed. (c) The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Credit Agreement or any other documents, instruments and agreements executed and/or delivered in connection therewith.

  • Reference to Agreement Each of the Loan Documents, including the Agreement and any and all other agreements, documents, or instruments now or hereafter executed and delivered pursuant to the terms hereof or pursuant to the terms of the Agreement as amended hereby, are hereby amended so that any reference in such Loan Documents to the Agreement shall mean a reference to the Agreement as amended hereby.

  • Reference to Amendments Security Certificates authenticated, executed on behalf of the Holders and delivered after the execution of any amendment pursuant to this Section may, and shall if required by the Collateral Agent or the Purchase Contract Agent, bear a notation in form approved by the Purchase Contract Agent and the Collateral Agent as to any matter provided for in such amendment. If the Company shall so determine, new Security Certificates so modified as to conform, in the opinion of the Collateral Agent, the Purchase Contract Agent and the Company, to any such amendment may be prepared and executed by the Company and authenticated, executed on behalf of the Holders and delivered by the Purchase Contract Agent in accordance with the Purchase Contract Agreement in exchange for Outstanding Security Certificates.

  • Reference to and Effect on the Loan Documents Upon the effectiveness of this Amendment, on and after the date hereof, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the other Loan Documents to “the Credit Agreement”, “thereunder”, thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement as amended hereby.

  • Reference to and Effect on the Loan Agreement Except as expressly provided herein, the Loan Agreement and all other Financing Agreements shall remain unmodified and in full force and effect and are hereby ratified and confirmed. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver or forbearance of (a) any right, power or remedy of the Lenders under the Loan Agreement or any of the other Financing Agreements, or (b) any Default or Event of Default. This Amendment shall constitute a Financing Agreement.