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Enter your email address to receive alerts when we have new listings available for Nissan Primera black. In their opinion, the fresh legal 62000 primera of that article supports the view that the Directive should be interpreted as aiming 62000 primera achieve a minimum level of harmonisation which does not affect national measures providing greater protection to consumers.

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In my view, that position is untenable. First 62000 primera all, it overlooks the fact that the power of the Member States to adopt or retain measures which offer greater protection applies only to the measures cited in Article 3 b EC. Those measures are different from the ones which are necessary in order to complete the internal market. In the case of the latter measures, it can be inferred from Article 3 a EC that the provisions of Article 95 EC continue to apply.

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Although Article EC makes no mention in this regard, it must 62000 primera assumed that the provisions of that article continue 62000 primera apply, mutatis mutandis, to the harmonisation measures in the field of consumer protection which must be adopted in accordance with Article 94 EC. Secondly, it ignores the fact that Article EC is worded as a valid instruction to the Community with regard to future policies.

Under that provision, the Community legislature would be entitled to undertake initiatives to shift, in favour of consumers, the current balance between the interests of producers and those of consumers which is laid down in the Directive. However, Article EC does not, under 62000 primera circumstances, grant Member States the power unilaterally to adopt measures which would infringe the rules of Community law laid down in directives to date. Any other interpretation would endanger the acquis communautaire of the uniformity and correct functioning of the common market. The wording and structure of Article EC make it clear that that was a risk which the framers of the Treaty did not wish to incur.


I therefore conclude that the Directive determines the 62000 primera extent of the 62000 primera of discretion enjoyed by the Member States in regulating systems of liability for damage caused by defective products. That margin is determined by the wording and structure of the Directive.


This site uses cookies to improve your browsing experience. Moreover, it is subject inter alia to conditions as to assessment with a view to further harmonisation, to which the penultimate recital in 62000 primera preamble expressly refers. Unlike Article a of the EC Treaty now, after amendment, Article 95 ECwhich was inserted into the Treaty after the adoption of the Directive and allows for certain derogations, that legal basis provides no possibility for the Member States to maintain or establish provisions departing from Community harmonising measures. In fact, the competence conferred in that respect on the Member States by Article 5 EC concerns only the measures mentioned at paragraph 3 b of that article, that is to say measures supporting, supplementing and monitoring the policy pursued by the Member States.

Furthermore, as the Advocate General noted at point 43 of his Opinion, Article EC is worded in the form of an instruction addressed to the Community concerning its future policy and cannot permit the Member States, owing to the direct risk that would pose for the acquis communautaire, autonomously to adopt measures contrary to the Community law contained in the directives already adopted at the time of entry into force of that law. He was elected to baseball's Hall of Fame in Las guerras cortas. Perspectivas globales ante el Siglo XXI.

Redefiniendo el destino manifiesto de los Estados Unidos I. Pep Guardiola's side travel to the Tottenham Hotspur 62000 primera after Spurs' long-delayed debut in the gleaming 62,capacity facility came with a win over Crystal Palace.

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