Traduction de «Avocat général » (Français → Anglais) :

Regarding the control exercised by the State, first, the Advocate General observes that public-law bodies have played a part in the mechanism put in place by the French legislation: the amount of the tax which every end consumer of electricity must pay in France is determined annually by a ministerial order. Moreover, even though in practice the legislation in question does not ensure exact equivalence between the additional costs borne by distributors and the charge used to reimburse those distributors, the law lays down the principle that the obligation to purchase electricity generated by wind turbines must be covered in full, which, ...[+++]according to the Advocate General, proves that the State is guaranteeing the mechanism as a whole. Furthermore, the law establishes administrative penalty mechanisms in the event of non‑payment of the charge.

In the light of the general principle which prohibits any abuse of rights and Article 4(2) TEU, relating to respect for national identities, is Article 3 of Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (1) to be interpreted as obliging national administrative authorities to register in the register of lawyers qualifying abroad Italian nationals who have conducted themselves in a manner which abuses Union law, and as precluding a national practice which all ...[+++]ows such authorities to reject applications for registration in the register of lawyers qualifying abroad where there are objective circumstances to indicate that there has been an abuse of Union law, without prejudice either to respect of the principles of proportionality and non-discrimination or to the right of the person concerned to institute legal proceedings in order to argue a possible infringement of the right of establishment and, consequently, the possibility of judicial review of the administrative action in question?

The Advocate General points out, first of all, that although the scale of fees applies without distinction to all lawyers wishing to provide services in Italy, it is established taking into account only the situation and the expenses incurred by Italian lawyers.

The present Article does not contain a reference to Article 8 of the Statute relating to the Advocate General since a participation of the Advocate General in proceedings before the Community Patent Court is not foreseen.

(26) See Case C-75/97 (Maribel) Belgium v Commission, paragraphs 48 and 51; Case T-298/97 Alzetta Mauro and others v Commission, paragraphs 80 to 82; the Opinion of Advocate General Ruiz-Jarabo in Case C-310/99 Italy v Commission, paragraphs 54 and 55; and the Opinion of Advocate General Saggio in Case C-156/98 Germany v Commission, paragraph 31, which ran thus: "It should be pointed out in this respect that, with regard to a general aid scheme, to be able to determine the effect of that scheme on trade, it is sufficient if, from an ex ante assessment, it can reasonably be considered that the said effect may come about.

(2) Whereas, pursuant to Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (4), a lawyer who is fully qualified in one Member State may already ask to have his diploma recognised with a view to establishing himself in another Member State in order to practise the profession of lawyer there under the professional title used in that State; whereas the objective of Directive 89/48/EEC is to ensure that a lawyer is integrated into the profession in the host Member State, and the Di ...[+++]rective seeks neither to modify the rules regulating the profession in that State nor to remove such a lawyer from the ambit of those rules;