Translation of "Disapply" in German

I have to say that it strikes me as very bad jurisprudence to criminalise everything in theory and then rely on the courts arbitrarily to disapply the law.

Due to the special features of the system of registration of geographical indications for spirit drinks and the fact that a very low number of registrations are expected from the EFTA States, it seems reasonable to disapply paragraph 4d) of Protocol 1 for these matters.

Last week, you asked for, and were granted by the Committee on Constitutional Affairs, discretionary powers arbitrarily to disapply the Rules of Procedure of this House according to your own view.

However, Member States will have a choice as to whether or not to disapply the anti-accumulation rules therefore any economic impact will be voluntary.

In its recent Consorzio Industrie Fiammiferi or CIF judgment the European Court of justice decided that where undertakings engage in conduct contrary to Article 81(1) and where that conduct is required or facilitated by State measures which themselves infringe Articles 3(1)(g), 10(2), and 81/82, a national competition authority has a duty to disapply those State measures and give effect to Article 81.

Moreover, by virtue of the primacy of Community law, national courts and national administrative bodies have a duty to interpret State regulations in the light of those Community provisions and, if necessary, a duty to disapply State regulations which are in conflict with the Treaty.

Member States may disapply or modify on the basis of reciprocity the requirements of Article 45(1) and (3) of Directive 2006/43/EC in relation to the auditors and audit entities of a third country provided that the public oversight, quality assurance, investigation and penalty systems for auditors and audit entities of that third country are deemed to be equivalent to the requirements under the Directive.

Where application of the transitional provisions referred to in Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of passenger vessels operating on its non-linked inland waterways.

Furthermore, in the CIF1 judgment the European Court of Justice (ECJ) decided that where undertakings engage in conduct contrary to Article 81(1) and where that conduct is required or facilitated by State measures, a national competition authority has a duty to disapply those State measures and give effect to Article 81/82.

Whereas the Commission can disapply the TTBER by means of a regulation addressed to the EC Member States, Article 7(2) of the TTBER enables the EFTA Surveillance Authority to declare by means of a recommendation that, where parallel networks of similar agreements cover more than 50 % of a relevant market in the EFTA States, the TTBER shall not apply.

He would then have then to assess to what extent the country of destination law goes beyond the level of protection provided in the law of the country of the trader and, if the divergence constitutes an unjustified restriction, disapply the stricter requirements.

Member States may disapply or modify the requirements in Article 45 (1) and (3) on the basis of reciprocity only if these audit firms are subject to systems of public oversight, quality assurance and investigations and sanctions in the third country that meet requirements equivalent to those of Articles 29, 30 and 31.

A key area of policy discussed in 2007 was the ability of NCAs, in their application of Articles 81 and 82 EC, to disapply State measures that breach Article 10 in combination with the competition rules of the Treaty addressed to undertakings (following the CIF ruling408 by the European Court of Justice).

In the Engelbrecht73 case it even found that if such an interpretation is not possible a national must, if necessary, disapply a provision of national legislation and apply Community law instead.

Once the Commission has taken a decision recognising that the public oversight, quality assurance, investigation and penalty system for auditors and audit entities of a third country or territory is equivalent for the purpose of Article 46(1) of Directive 2006/43/EC, Member States may disapply or modify on the basis of reciprocity the requirements of Article 45(1) and (3) in relation to the auditors and audit entities of that third country or territory.

Where application of the transitional provisions set out in Chapter 24a of Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of inland waterway passenger vessels operating on its inland waterways that are not linked to the navigable inland waterways of another Member State.

Due to the special features of the system of registration of geographical indications for spirit drinks and the fact that a very low number of registrations are expected from the EFTA States, it seems reasonable to disapply paragraph 4(d) of Protocol 1 to the EEA Agreement for these matters.

Thereafter, it is up to Member States to decide in accordance with Article 46 of the Directive 2006/43/EC on the basis of reciprocity whether to disapply or modify the requirements in Article 45(1) and (3) of the Directive to auditors and audit entities from third countries recognised as equivalent.

It is also uncertain as to the compatibility with EU law of the Swedish judicial practice which makes the obligation to disapply any provision contrary to a fundamental right guaranteed by the ECHR and by the Charter conditional upon that infringement being clear from the instruments or case-law concerned.

A Each Member State may, subject to consultation provided for under Article 29, disapply the exemption for investment gold provided for by this special scheme in respect of specific transactions, other than intra–Community supplies or exports, concerning investment gold taking after consulting the VAT Committee, apply VAT to specific transactions which take place in that Member State between taxable persons who are members of a gold bullion market regulated by the Member State concerned or between such a taxable person and another taxable person who is not a member of that market.

Faced with such a situation, the national court is, however, obliged to disapply that rule, provided always that this obligation does not restrict the power of the competent national courts to apply, from among the various procedures available under national law, those which are appropriate for protecting the individual rights conferred by Community law.