Traducción de «incompetencia por razón del territorio » (Español → Inglés) :

5. As long as a Member State has not communicated the list as stipulated in paragraph 2, jurisdiction for any proceedings resulting from an action covered by Article 81 for which the courts of that State have jurisdiction pursuant to Article 82 shall lie with that court of the State in question which would have jurisdiction ratione loci and ratione materiae in the case of proceedings relating to a national design right of that State.

It does not extend to cover those third country national or stateless persons, present in the territory of Member States, who Member States currently allow to remain in their territory for reasons not related to a need for international protection, such as compassionate or humanitarian ones.

[77] 7 Grounds for refusal: (a) where enforcement would run counter to the fundamental principles of the legal system of the requested State; (b) where the requested State considers the offence for which the sentence was passed to be of a political nature or a purely military one; (c) where the requested State considers that there are substantial grounds for believing that the sentence was brought about or aggravated by considerations of race, religion, nationality or political opinion; (d) where enforcement would be contrary to the international undertakings of the requested State; (e) where the act is already the subject of proceedings in the requested State or where the requested State decides to institute proceedings in respect of the act; (f) ...[+++]where the competent authorities in the requested State have decided not to take proceedings or to drop proceedings already begun, in respect of the same act; (g) where the act was committed outside the territory of the requesting State; (h) where the requested State is unable to enforce the sentence; (i) where the request is grounded on Article 5.e ("if it considers that it cannot itself enforce the sanction, even by having recourse to extradition, and that the other State can") and none of the other conditions mentioned in that article is fulfilled; (j) where the requested State considers that the requesting State is itself able to enforce the sentence; (k) where the age of the sentenced person at the time of the offence was such that he could not have been prosecuted in the requested State; (l) where under the law of the requested State the sentence imposed can no longer be enforced because of the lapse of time; (m) where and to the extent that the sentence imposes a disqualification.

The Oberlandesgericht (Higher Regional Court) Hamm, before which the dispute was brought on appeal from the court of first instance, stayed proceedings in order to ask the Court of Justice, under the preliminary-reference procedure, whether the principle of non-discrimination on grounds of nationality set out in the Association Agreement between the EC and Slovakia, under which Slovak workers lawfully employed in the territory of a Member State are entitled to the same treatment as nationals of that Member State in regard to conditions of work, remunerati ...[+++]on or dismissal, precludes a rule drawn up by a sports federation under which clubs are, for certain matches, authorised to field only a limited number of players from non-member countries that are not part of the EEA.

General advertising or promotion in media or on the Internet that reaches customers in other distributors' exclusive territories or customer groups but which is a reasonable way to reach customers outside those territories or customer groups, for instance to reach customers in non-exclusive territories or in one's own territory, are passive sales.

(11) Whereas in some instance a refund may be claimed in respect of products which have been exported and which have left the customs territory of the Community, but which are returned for the purposes of transhipment or a transit operation before reaching a final destination outside that territory; whereas such returns may conceivably also occur for reasons other than transport requirements, and more particularly for the purpose of speculation; whereas in such cases compliance with the 60-day time-limit for leaving the customs terr ...[+++]itory of the Community is undermined; whereas, in order to avoid such situations, there is a need to define clearly the conditions under which such returns may take place;