Übersetzung für "Advocate-General " (Englisch → Deutsch) :

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the ‘dialectical development’ looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs' opinion in Christos Konstantinidis ; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd , Advocate General Van Gerven put forward the proposition that ‘a national rule which in order to show that it is compatible with [Union] la ...[+++]w has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls ’within the scope' of [Union] law' on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be ‘justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms’;

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the "dialectical development" looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs’ opinion in Christos Konstantinidis; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd, Advocate General Van Gerven put forward the proposition that "a national rule which in order to show that it is compatible with [Union] law h ...[+++]as to rely on legal concepts, such as imperative requirements of public interest or public policy .falls 'within the scope' of [Union] law" on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be "justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms";

– having regard to the opinion of Advocate General Mancini in Case 352/85 Bond van Adverteerders and Others v Netherlands [1988] ECR 2085, the judgment in Case C-260/89 Elliniki Radiofonia Tileorasi (ERT-AE) [1991] ECR I-2925, the judgment and the opinion of Advocate General Van Gerven in Case C-159/90 Society for the Protection of Unborn Children Ireland Ltd [1991] ECR I-4685 and the opinion of Advocate General Jacobs in Case C-168/91 Christos Konstantinidis [1993] ECR I-1191,

– having regard to the opinion of Advocate General Mancini in Case 352/85 Bond van Adverteerders and Others v Netherlands [1988] ECR 2085, the judgment in Case C-260/89 Elliniki Radiofonia Tileorasi (ERT-AE) [1991] ECR I-2925, the judgment and the opinion of Advocate General Van Gerven in Case C-159/90 Society for the Protection of Unborn Children Ireland Ltd [1991] ECR I-4685 and the opinion of Advocate General Jacobs in Case C-168/91 Christos Konstantinidis [1993] ECR I-1191,

The recent opinion of Advocate-General Trstenjak in the case SGAE v. Padawan (C-467/08) interprets the requirements deriving from Article 5(2)(b) of the Copyright Directive, but large parts of the Opinion also apply to Article 5(2)(a). In her recent Opinion, the Advocate-General has made it clear that the Directive (2001/29/EC) can be interpreted as prohibiting levies to compensate for illicit copying (§ 78).

3. As soon as a decision to review a decision of the General Court has been taken, the First Advocate General shall assign the review to an Advocate General.