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Particularly, in law, that part of a legal document—such as a lease, which contains a statement of certain facts—contains the purpose for which the deed is made. [2] In European Union law, a recital is a text that sets out reasons for the provisions of an enactment, while avoiding normative language and political argumentation. [3]
The Unfair Commercial Practices Directive 2005/29/EC [1] regulates unfair business practices in EU law, as part of European consumer law. It requires corresponding laws to be passed that incorporate it into each member state's legal system. It is intended to provide a level playing field in the single market, reducing trade barriers. [2]
A directive is a binding act of general application as a legal instrument of the European institutions addressed to the Member States to implement their policies, cf. Article 288 of the Treaty on the Functioning of the European Union . To apply direct effect in national law the directive has to be transposed by the Member States. [1]
The Court of Justice held that Miss Dori had a right under the Directive, its provisions were unconditional and sufficiently precise, but without national implementing law she could not rely on the directive itself in an action against another private party: this followed TEEC article 189 (now TFEU article 288) saying that Directives are 'binding only in relation to "each Member State to which ...
The European Union General Data Protection Regulation (enacted 2016, taking effect 2018) extends the automated decision-making rights in the 1995 Data Protection Directive to provide a legally disputed form of a right to an explanation, stated as such in Recital 71: "[the data subject should have] the right ... to obtain an explanation of the decision reached".
On 12 September 2018, an updated position of the parliament was approved with the final vote being 438 in favour and 226 against, [28] meaning that trilogue negotiations can start between the European Commission, the Council of the European Union and the European Parliament, with an expected conclusion in early 2019.
The court concluded that this national provision was contrary to EU law because this form of wording prevented claimants from knowing the exact time limit which would apply. [ 68 ] Case C-456/08 Commission v Ireland : Order 84A of the Rules of the Superior Courts in Ireland required procurement review actions to be brought "at the earliest ...
In order to address this issue, as well as promote electronic commerce in the EU and enhance competitiveness of European service providers, the e-Commerce Directive was adopted in 2000. [3] The e-Commerce Directive aimed to achieve this objective by offering a flexible, technology-neutral and balanced legal framework. [4]