creditors if the company failed and went insolvent. 256 In regard to companies, the Court of Justice held in R (Daily Mail and General Trust plc) v HM Treasury that member states could restrict a company moving its seat of business, without infringing tfeu article. The justifications include public morality, policy or security, "protection of health and life of humans, animals or plants "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property." In addition, although not clearly listed, environmental protection can justify restrictions on trade. And 149 "Democracy, however, means more than simple majority rule". This last Directive gave rise to Francovich v Italy, where the Court of Justice affirmed that member states which fail to implement the minimum standards in EU Directives are liable to pay compensation to employees who should have rights under them. The 'First Annual Report on Migration and Integration' COM(2004) 508, found by 2004,.5m third country nationals were resident in the.
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In the UK, for example, Lord Denning MR considered it appropriate to neuken oude vrouwen refer if the outcome of a case depended on a correct answer, 138 and the Civil Procedure Rules entitle the High Court to refer at any stage of proceedings. Restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or the public interest in collecting taxes. Under tfeu art 288 there is no reason why a Regulation cannot do the same. From the EU's foundation, the Court of Justice also held that the Treaties allowed citizens or corporations to bring claims against EU and member state institutions for violation of the Treaties and Regulations, if they were properly interpreted as creating rights and obligations. Tfeu art 248 says the president may reshuffle commissioners, though this is uncommon, without member state approval. See further S Deakin, 'Two Types of Regulatory Competition: Competitive Federalism versus Reflexive Harmonisation. 299 A "defect" is anything which falls below what a consumer is entitled to expect, and this essentially means that products should be safe for their purpose. According to the Court of Justice, and the dominant view, the law aims to protect "an effective competition structure" to enhance consumer and social welfare, "aiming at full employment and social progress, and a high level of protection and improvement of the quality of the. 296 Beyond these general principles, and outside specific sectors, there are four main Directives: the Product Liability Directive 1985, Unfair Terms in Consumer Contracts Directive 1993, Unfair Commercial Practices Directive 2005 and the Consumer Rights Directive 2011, requiring information and cancellation rights for consumers. For example, a corporation could shift production to member states with a lower minimum wage, to increase shareholder profit, even if production costs more and workers are paid less.