Invalidity of Contractual Provisions

(2) The invalid provision shall be replaced by a valid provision that to the extent possible fully implements the spirit and purpose of the invalid provision.

The nullity of such a stipulation shall not involve the nullity of the other provisions of the contract of carriage.

Any invalid or incomplete provision shall be replaced by a provision consistent with the spirit and purpose of this Guarantee Agreement.

4.3 If any of the provisions of this Guarantee Agreement is or becomes legally invalid or incomplete, the validity of the remaining provisions shall not be affected.

(1) Should any provision of these Articles of Association be or become void or invalid in whole or in part, the validity of the other provisions thereof shall not be affected.

(3) Any Contracting State may prescribe that in the event of failure to observe the provisions adopted in accordance with paragraphs 1 and 2, the European patent shall be deemed to be void ab initio in that State.

No Party shall be entitled under any circumstances to assert any claim that any provision of this Assumption Agreement is invalid, void or unenforceable for any reason.

shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes of Article 7(1) of that Directive, and

shall consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and

shall consider certificates of conformity which accompany new vehicles of category M1 pursuant to Directive 70/156/EEC as no longer valid for the purpose of Article 7(1) of that Directive and refuse the registration, sale or entry into service of new vehicles which are not accompanied by a valid certificate of conformity pursuant to Directive 70/156/EEC, except where the provisions of Article 8(2) of that Directive are invoked,

consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes of Article 7 (1) of that Directive and;

Any Member State may provide that, by derogation from the preceding paragraphs, the grounds of refusal of registration or invalidity in force in that State prior to the date on which the provisions necessary to comply with this Directive enter into force, shall apply to trade marks for which application has been made prior to that date.

whereas Member States will be able to maintain or introduce into their legislation grounds of refusal or invalidity linked to conditions for obtaining and continuing to hold a trade mark for which there is no provision of approximation, concerning, for example, the eligibility for the grant of a trade mark, the renewal of the trade mark or rules on fees, or related to the non-compliance with procedural rules;

any provisions contrary to the principle of equal treatment which are included in individual or collective contracts or agreements, internal rules of undertakings, rules governing profit-making or non-profit-making associations, and rules governing the independent professions and workers' and employers' organisations, are or may be declared, null and void or are amended.

Whereas it is necessary to repeal Commission Regulation (EEC) No 3587/86 (2), as last amended by Regulation (EC) No 1363/95(3), Commission Regulation (EEC) No 827/90 (4), as last amended by Regulation (EC) No 771/95(5), Commission Regulation (EEC) No 2103/90 (6), as amended by Regulation (EC) No 1363/95, Regulation (EEC) No 2276/92 (7), as last amended by Regulation (EC) No 1363/95, and Commission Regulation (EC) No 113/97 (8), whose provisions have become obsolete or are to be replaced by this Regulation;

Whereas certain lapsed transitional provisions of Regulation (EC) No 2125/95 should be deleted;

consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC to be no longer valid for the purposes of Article 7(1) of that Directive, and

consider certificates of conformity which accompany new vehicles in accordance with the provisions of Directive 70/156/EEC as no longer valid for the purposes of Article 7 (1) of that Directive and

the original decision not to enter duty in the accounts or to enter it in the accounts at a figure less than the amount of duty legally owed was taken on the basis of general provisions invalidated at a later date by a court decision;

consider certificates of conformity accompanying new vehicles in accordance with the provisions of Directive 70/156/EEC as being no longer valid for the purposes of Article 7(1) of the said Directive, if the requirements of this Directive, as amended by Directive 2001/43/EC, are not met, and

Whereas in view of the large number of notifications submitted in pursuance of Regulation No 17(3) it is desirable that in order to facilitate the task of the Commission it should be enabled to declare by way of regulation that the provisions of Article 85 (1) do not apply to certain categories of agreements and concerted practices;

whereas as a result of these provisions the Seventeenth Council Directive 85/362/EEC of 16 July 1985 on the harmonization of the laws of the Member States relating to turnover taxes - Exemption from value added tax on the temporary importation of goods other than means of transport (4), becomes null and void;

However, in so far as it relates to special rights, the Directive was declared void on the grounds that neither the provisions of the Directive nor the preamble thereto specify the type of rights which are actually involved and in what respect the existence of such rights is contrary to the various provisions of the Treatry.

any provisions contrary to the principle of equal treatment which are included in contracts or collective agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers' and employers' organisations shall be, or may be declared, null and void or are amended.";

However, in so far as it relates to special rights, the Directive was declared void by the Court of Justice on the grounds that neither the provisions of the Directive nor the preamble thereto specify the type of rights which are actually involved and in what respect the existence of such rights is contrary to the various provisions of the Treaty.

consider certificates of conformity which accompany new vehicles pursuant to Directive 70/156/EEC as no longer valid for the purposes of Article 7 (1) of that Directive, and - refuse the registration, sale and entry into service of new vehicles which are not accompanied by a certificate of conformity in accordance with Directive 70/156/EEC, unless the provisions of Article 8 (2) of Directive 70/156/EEC are invoked,

whereas Member States will be able to maintain or introduce into their legislation grounds of refusal or invalidity linked to conditions for obtaining and continning to hold a trade mark for which there is no provision of approximation, concerning, for example, the eligibility for the grant of a trade mark, the renewal of the trade mark or rules on fees, or related to the non-compliance with procedural rules;

Instead of the measures laid down in paragraphs 2 and 3, the customs authorities shall have the option of deeming a declaration invalid where it is clear that the declarant's refusal to be present at the examination of the goods or to designate a person able to give the necessary assistance neither prevents, nor seeks to prevent, those authorities from finding that the rules governing the entry of the goods for the customs procedure concerned have been breached, and neither evades, nor seeks to evade, the provisions of Article 66 (1) or Article 80 (2) of the Code.

Whereas it is necessary to repeal Commission Regulation (EEC) No 3587/86 (3), as last amended by Regulation (EC) No 1363/95 (4), Commission Regulation (EEC) No 827/90 (5), as last amended by Regulation (EC) No 771/95 (6), Commission Regulation (EEC) No 2103/90 (7), as amended by Regulation (EC) No 1363/95, Regulation (EEC) No 2276/92 (8), as last amended by Regulation (EC) No 1363/95, and Commission Regulation (EC) No 113/97 (9), whose provisions have become obsolete or are to be replaced by this Regulation;