Traduction de «Decisions the Federal Insurance Court » (Anglais → Français) :

Such (appeal) decisions given by the Court of First Instance may exceptionally be subject to review by the Court of Justice 'where there is a serious risk of the unity or consistency of Community law being affected' (Article 225(2)(2) of the EC Treaty).

Parental leave counts for annual leave purposes and as a period of insurance for the calculation of retirement benefits (but application to private sector in doubt following decision of Insurance Court in December 2001.

[10] In Germany, this rule, which provides for greater consumer protection than is laid down by the Directive, is the result of a decision of the Federal High Court, dating from 1997. That decision held that defining the value date as the date following the day on which money was made available to the beneficiary's account constituted an infringement of the consumers' rights under the German Act on General Terms and Conditions

With regard to the issue of a conflict between the rulings of the Court in Strasbourg and rulings in Luxembourg, it is worth noting that today, under Community law, the Court of Justice of the European Communities always refers to the European Convention on Human Rights, to actual decisions by the European Court of Human Rights, as the source of inspiration for decisions by the Court of Justice of the European Communities on fundamental rights issues.

Until a few years ago, the relationship between Community law, on the one hand, and national constitutional law, on the other, seemed largely to have been clarified: although the Community Treaties contain no explicit provisions governing the question of hierarchy, the European Court of Justice had consistently upheld, since its 1964 and 1970 judgments in the cases of Costa v. ENEL and Internationale Handelsgesellschaft, the absolute supremacy of both primary and secondary Community law over all provisions of national law - including constitutional law and the fundamental rights guaranteed thereby. While the Member States' national const ...[+++]itutional courts initially concurred with this legal viewpoint to a very large extent, recent years have seen the development of resistance, which has been spearheaded by the decidedly nationally-minded judgments, which are only partially supportive of integration, issued by the German Federal Constitutional Court and the Danish Supreme Court.

Whereas under Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (4), as amended by Decision 93/350/Euratom, ECSC, EEC of 8 June 1993 (5), that Court shall exercise at the first instance the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities - with particular regard to appeals lodged under the second subparagraph of Article 173 of the EC Treaty - and by the acts adopted in implementation thereof, save as otherwise provided in an act setting up a body governed by Community law; whereas the jurisdiction which this Regulat ...[+++]ion confers on the Court of Justice to cancel and reform decisions of the appeal courts shall accordingly be exercised at the first instance by the Court in accordance with the above Decision;