Traduction de «Disposizione di legge » (Italien → Anglais) :

However, the courts should not be able to apply the public policy exception in order to disregard a provision of the law of another State when to do so would be contrary to the Charter of Fundamental Rights of the European Union, and in particular Article 21 thereof, which prohibits all forms of discrimination.

Considerations of public interest should allow courts in the Member States the opportunity in exceptional circumstances to disregard the application of a provision of foreign law in a given case where it would be manifestly contrary to the public policy of the forum.

In particular, the application of a provision of the law designated by this Regulation which would have the effect of causing non-compensatory exemplary or punitive damages of an excessive nature to be awarded may, depending on the circumstances of the case and the legal order of the Member State of the court seised, be regarded as being contrary to the public policy (ordre public) of the forum.

A provision of an Italian law of 1990 , "Community law" (so as to apply the obligations resulting from Italy's membership of the European Communities), provides that customs import duties or other taxes, levied through the application of national provisions which are incompatible with Community legislation, are to be reimbursed only if the corresponding burden has not been passed on to third parties.

Before the Court ruling, Italy had already adopted new measures that amended the Law in issue, namely certain provisions of Financial Law No 488 of 23 December 1999 and the implementing Prime Minister's Decree issued on 11 February 2000.

Table 1 Current provisions concerning use of cable TV networks for the provision of telecommunications services can be summarised as follows: Use of cable TV networks for liberalised services Belgium No Denmark No France Non-voice services only Germany No Greece ---------* Ireland No legal provision Italy ---------* Luxembourg No legal provision Netherlands Limited use Portugal No Spain No UK Yes Source: "L'impact de l'authorisation de la fourniture de services de télécommunications liberalisés par les câblo-opérateurs", IDATE, 1994, and additional analysis * No cable TV networks available Table 2 Minimum Capacity requirements (approxima ...[+++]te) for services Speech: 64 kilo-bits/second ISDN: 140 kilo-bits/second Standard quality moving images: 2 mega-bits/second Enhanced quality moving images: 10 mega-bits/second Table 3 Technical limits on network infrastructure to the home i. Twisted Copper pairs: used by TOs to connect end users to the local switch: up to 257 kilo-bits/second: reliable service to all customers on local network the greater the capacity requirement above 257 mega-bits the greater the trade-offs of increased error rates, lack of reliability and limits on the distance which the end user can be from a central switch.