Traduction de «Arrêt majoritaire » (Français → Anglais) :

As the General Court held, in paragraph 170 of the judgment under appeal, even though it is true that specific recognition of the role of in-house lawyers and the protection of communications with such lawyers under legal professional privilege was relatively more common in 2004 than when the judgment in AM S Europe v Commission was handed down, it was nevertheless not possible to identify tendencies which were uniform or had clear majority support in the laws of the Member States.

13. Recalls that the 2005 Law on the Use of Community Flags allows minority communities which constitute a majority within a municipality to use their flags; carefully notes that the Constitutional Court judgment of 24 October 2007 confirmed the right of a community to fly its flag alongside the state flag and that it also extended the right to fly an ethnic flag to all ethnic communities in a municipality and affirmed the right of ethnic Albanians to use the Albanian state flag as their ethnic symbol; stresses that the Court also sought to clarify the limits to this right because it considered that the state and community flags have d ...[+++]ifferent meanings, and concluded that community flags may not be flown permanently, for example during official state visits, or on state buildings; calls on all parties to discuss this issue in the spirit of the Ohrid Framework Agreement and international standards;

13. Recalls that the 2005 Law on the Use of Community Flags allows minority communities which constitute a majority within a municipality to use their flags; carefully notes that the Constitutional Court judgment of 24 October 2007 confirmed the right of a community to fly its flag alongside the state flag and that it also extended the right to fly an ethnic flag to all ethnic communities in a municipality and affirmed the right of ethnic Albanians to use the Albanian state flag as their ethnic symbol; stresses that the Court also sought to clarify the limits to this right because it considered that the state and community flags have d ...[+++]ifferent meanings, and concluded that community flags may not be flown permanently, for example during official state visits, or on state buildings; calls on all parties to discuss this issue in the spirit of the Ohrid Framework Agreement and international standards;

13 Recalls that the 2005 Law on the Use of Community Flags allows minority communities which constitute a majority within a municipality to use their flags; carefully notes that the Constitutional Court judgment of 24 October 2007 confirmed the right of a community to fly its flag alongside the state flag and that it also extended the right to fly an ethnic flag to all ethnic communities in a municipality and affirmed the right of ethnic Albanians to use the Albanian state flag as their ethnic symbol; stresses that the Court also sought to clarify the limits to this right because it considered that the state and community flags have di ...[+++]fferent meanings, and concluded that community flags may not be flown permanently, for example during official state visits, or on state buildings; calls on all parties to discuss this issue in the spirit of the Ohrid Framework Agreement and international standards;

Although the measures in question, which benefited BGB before its business activities were terminated, were taken by the Land of Berlin, i.e. by BGB's majority shareholder, it had already been noted that a market‐economy investor would not have provided those resources on the same terms.

What specifically in the Khalil judgment has led Council to its conclusion that Article 63.4 is the correct base, when this was not the majority opinion before?