Refusals to refer Sample Clauses

Refusals to refer. The HCC was called upon to make a reference to the ECJ in the recent Lisbon Treaty case338 and but refused to do so. The petitioner had contended that the new rules and mechanisms of the Lisbon Treaty jeopardised the existence of the Republic of Hungary as an independent, sovereign State, governed by the rule of law. The HCC consequently used the acte clair theory and decided that it did not need to make an Art. 267 TEU reference to the ECJ since it was clear from the petitioner’s submissions that they had been based on an inadequate understanding of the Lisbon Treaty. According to the acte clair theory, as defined in CILFIT,339 the highest court is not obliged to refer if the question has not yet been answered in ECJ case-law but the answer to that question is beyond all reasonable doubt. Before it comes to the conclusion that such is the case, the relevant domestic court has to be convinced that the matter is equally obvious both to the courts of the other Member States and to the ECJ. In this respect the national court should bear in mind that: (i) the interpretation of a provision of European law involves a comparison of the different language versions of the provision concerned;
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Related to Refusals to refer

  • Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.

  • Incorporation by Reference All terms, provisions and agreements set forth in the Standard Trust Terms (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in Article 2 of this Trust Agreement are inconsistent with the terms of the Standard Trust Terms, the terms set forth in Article 2 herein shall apply.

  • Time References Unless otherwise indicated herein, all references to time of day refer to Eastern Standard Time or Eastern daylight saving time, as in effect in New York City on such day. For purposes of the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; provided, however, that with respect to a computation of fees or interest payable to any Secured Party, such period shall in any event consist of at least one full day.

  • Terms of Reference The SSEC shall update, not later than January 31, 2023, the terms of reference for the committee. If no such agreement can be reached the SSEC shall make recommendations to the Provincial Labour Management Committee (PLMC). Funding: Commencing July 1, 2022, there will be $50,000 of annual funding allocated for the purposes set out above. Commencing July 1, 2024, there will be an additional $1,000,000 of annual funding allocated for the purposes set out above.

  • Section References All section references, unless otherwise indicated, shall be to Sections in this Agreement.

  • Incorporation of Administrative Code Provisions by Reference The provisions of Chapters 12B and 12C of the San Francisco Administrative Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Contractor shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters, including but not limited to the remedies provided in such Chapters. Without limiting the foregoing, Contractor understands that pursuant to §§12B.2(h) and 12C.3(g) of the San Francisco Administrative Code, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Contractor and/or deducted from any payments due Contractor.

  • Monetary References Whenever any amounts of money are referred to herein, such amounts shall be deemed to be in lawful money of Canada unless otherwise expressed.

  • Inclusion by Reference Included by reference is any document or clause issued as part of the IFB that MPHA may choose to include at any time during the performance of this contract or any options exercised thereto by MPHA. Further, any document that may be referenced herein that has not been listed above is hereby incorporated herein by reference, and a copy of each such document is available from MPHA upon written request for such from the Contractor.

  • Headings and References The headings of this Agreement are inserted for convenience only and neither constitute a part of this Agreement nor affect in any way the meaning or interpretation of this Agreement. When a reference in this Agreement is made to a Section, such reference shall be to a Section of this Agreement unless otherwise indicated.

  • Cross-References References in this Amendment to any Part or Subpart are, unless otherwise specified, to such Part or Subpart of this Amendment.

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