Заседание окончателен a6-0073/2007

1 Все още непубликувано в ОВ.

1 The Court of Justice (cf. Judgment of 21 September 1989, Case C-68/88, Commission v Republic of Greece) traditionally only authorises the so-called assimilation method, in accordance with which the Community legislation may provide that domestic criminal provisions designed to protect certain national interests should apply also to protect the corresponding Community interests, thus combining the two sets of provisions in a new piece of legislation establishing a criminal offence. This means that Community law may establish that certain types of conduct should be regarded as a criminal offence, but must not encroach on the Member States' competence with regard to prescribing and applying penalties in practice.

1 Council framework decision 2003/80/JHA of 27 January 2003 on the protection of the environment through criminal law.

2 Communication from the Commission to the European Parliament and the Council on the implications of the Court's judgment of 13 September 2005, COM(2005)0583.

3 Cf. Article 250(2) of the ECT: 'as long as the Council has not acted, the Commission may alter its proposal at any time during the procedures leading to the adoption of the Community Act.' We consider that this power to alter proposals includes the power to withdraw them; cf. the opinion of the Committee on Legal Affairs of 22 March 2006 on the outcome of the screening of legislative proposals pending before the legislature (2005/2214(INI)).

1 COM(2005)0696.

2 Cf. paragraph 142 of Bekanntmachung der Neufassung des Patentgesetzes (PatG) of 16 December 1980.

3 Cf. Articles 147 and 149 of the Patentgesetz 1970, as amended by the federal law no I 143.

4 Cf. section 57 of the Danish Patents Act No 479 of 20 December 1967.

1 Cf. Article 273 of the Criminal Code, as amended by organic law No 10/1995 of 23 November 1995.

2 Cf. Article L. 615-14 of the Intellectual Property Code of 26 January 1990 as subsequently amended.

3 Cf. Article 329/D of the Criminal Code.

4 Cf. Articles 473 and 474 of the Criminal Code, which punish the offences of counterfeiting, altering or using the distinctive signs of creative works or industrial products and introducing into the State and marketing products with false signs, and Article 475, which provides for the supplementary penalty of publication of the judgment or judicial decision.

5 Cf. Article 45 of the Dutch Patent Act (Rijksoctrooiwet) of 1910 and Article 79(1) of the Dutch Patent Act (Rijksoctrooiwet) of 1995.

6 Cf. Articles 261 and 262 of the Industrial Property Code (decree law no 16/95 of 24 January 1995 as subsequently amended).

7 This primacy, of course, arises from the requirement that national judges apply Community law in full, and consequently disregard any domestic law that conflicts with it, whether it was passed before or after the Community law in question (cf. Court of Justice, judgment of 9 March 1978, Case 106/77, Simmenthal, in ECJ reports 1978, p. 629, point 24).

8 648 votes to 14, with 18 abstentions.

1 Not yet published in OJ.

1 Not yet published in OJ.

RR\659982BG.doc

PE 378.855v02-00

BG BG

Каталог: 2007
2007 -> Архилох, Тиртей, Алкей, Сафо и Пиндар старогръцка лирика
2007 -> Трети клас 13 април 2007 г., Силистра
2007 -> Доклад за дейността на софарма ад 2007г
2007 -> Отчет за доходите 4 Отчет за паричните потоци (пряк метод)
2007 -> Решение за сключване, прекратяване и разваляне на договор за съвместно предприятие
2007 -> Уеб Медия Груп” ад регистрационен документ
2007 -> По дисциплината “Експлоатационни материали”
2007 -> Уважаеми господин председател