Traduction de «contrat sur appel » (Français → Anglais) :

(10) Options, futures, swaps, forward rate agreements and any other derivative contracts relating to climatic variables, freight rates, emission allowances or inflation rates or other official economic statistics that must be settled in cash or may be settled in cash at the option of one of the parties (otherwise than by reason of a default or other termination event), as well as any other derivative contracts relating to assets, rights, obligations, indices and measures not otherwise mentioned in this Section, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are traded ...[+++]on a regulated market or an MTF, are cleared and settled through recognised clearing houses or are subject to regular margin calls.

(7) Options, futures, swaps, forwards and any other derivative contracts relating to commodities, that can be physically settled not otherwise mentioned in C.6 and not being for commercial purposes, which have the characteristics of other derivative financial instruments, having regard to whether, inter alia, they are cleared and settled through recognised clearing houses or are subject to regular margin calls;

Those findings are not called in question by the fact that, since the adoption of the Italian Ministerial Decree of 2 February 1994 (G.U.R.I. No 34 of 11 February 1994), which increased the number of representatives of national road-haulier associations on the central committee from 12 to 17, the representatives of the economic agents are no longer in the minority on the central committee, or by the fact that, according to the information provided by the Italian Government, the 'Inter-ministerial Price Committee', a consultative body, was replaced by a body called 'the Italian Price and Tariffs Monitoring Authority', or by the fact that the Italian Law maintained the extension of tariffs to various services, such ...[+++] as contracts under invitation to tender and contracts for hire.

The Court ruled: '1. Articles 3(f) and (g), 5, 85, 86 and 90 of the Treaty do not preclude legislation of a Member State which provides for road-haulage tariffs to be approved and brought into force by the State on the basis of proposals of a central committee the majority of whose members are representatives of the economic agents concerned and which extends the mandatory tariffs applicable in the field of contracts for the carriage of goods by road to other types of contracts, relating to different services, ...[+++]such as, in particular, contracts under invitations to tender and contracts for hire, provided that the tariffs are fixed with due regard for the public-interest criteria defined by Law No 298 and the public authorities do not hand over their prerogatives to private economic agents in taking into account, before the approval of proposals, of the observations of other public and private bodies and even by fixing tariffs ex officio.

By its first two questions, the national court is asking essentially whether Articles 3(f) and (g), 5, 85, 86 and 90 of the Treaty preclude legislation of a Member State which provides for road-haulage tariffs to be approved and brought into force by the State on the basis of proposals submitted by a central committee the majority of whose members are representatives of the economic operators concerned and which extends the mandatory tariffs applicable in the road-haulage sector to other types of contracts, relating to different services, such ...[+++] as, in particular, contracts under invitations to tender and contracts for hire.

2. Articles 3(f) and (g), 5, 85 and 86 of the Treaty do not preclude legislation of a Member State which extends mandatory tariffs in the field of contracts for road haulage services to cover other types of contract relating to different services such as, in particular, contracts whereby a contractor undertakes to achieve a particular result and contracts for hire, provided that the legislation takes account of the public interest criteria referred to in the reply to the first question and of the principle that the public authorities ...[+++]should not delegate their right to make the final decision.