Page 191 - Секретаријат за законодавство

• “communication” – used in Article 2 (d) of Directive 2002/58/
EC of the European Parliament and of the Council of 12 July
2002 concerning the processing of personal data and the pro-
29
tection of privacy in the electronic communications sector ;
• “energy performance certiÞcate” – used in Directive 2010/31/
EU of the European Parliament and of the Council of 19 May
30
2010 on the energy performance of buildings ;
• “direct discrimination” or “indirect discrimination” – used in
Council Directive 2000/78/EC of 27 November 2000 estab-
lishing a general framework for equal treatment in employ-
31
ment and occupation .
If the text of the directive raises doubts with regard to its meaning,
in particular in comparison to other linguistic versions, the following
considerations must be born in mind:

• For the purpose of transposition, the national legislator should
focus in the Þrst place on the aims of the directive laid down
in the preamble to the directive, so that the intention of the EU
legislator can be taken into account to the largest extent possible.

• In parallel, the other linguistic versions of the directive should
also be considered:

“…it must be borne in mind that Community legislation is drafted
in several languages and that the different language versions are all
equally authentic. An interpretation of a provision of Community law
thus involves a comparison of the different language versions.
It must also be borne in mind, even where the different language ver-
sions are entirely in accord with one another, that Community law uses
terminology which is peculiar to it. Furthermore, it must be emphasized
that legal concepts do not necessarily have the same meaning in Com-
munity law and in the law of the various Member States.

Finally, every provision of Community law must be placed in its context
and interpreted in the light of the provisions of Community law as a

29 OJ L 201, 31.7.2002, p.37.
30 OJ L 153, 18.6.2010, p. 13.
31 OJ L 303, 2.12.2000, p. 16.

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