By excluding Gibraltar from part of the scope of the directive on mutual assistance in the field of taxation, the United Kingdom has failed to fulfil its Community obligations.
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The Court confirmed that a ‘positive list’ system under which only products containing substances included on the lists in the annexes to the Community directive on food supplements could be marketed in the Community was appropriate for securing the free movement of food supplements and ensuring the protection of human health.
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The distinctive character required for registration of a mark may be acquired through its use as part of an already registered trade mark. In order to acquire distinctive character through use the mark must be perceived by the relevant category of persons to designate a product or service from originating from a given company.
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Making access for students who have obtained their secondary education diploma in another Member State subject not only to the general Austrian admission requirements, but also to the requirements for immediate admission to the chosen course of study in that other State constitutes indirect discrimination on the grounds of nationality.
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The Tribunal concluded that it had jurisdiction under Article 26 of the Energy Charter Treaty and under Article 25 of the ICSID Convention.
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