Примери за използване на Listing criterion на Английски и техните преводи на Български
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Second, the adoption of those measures was contrary to the listing criterion.
As thus interpreted, the listing criterion is compatible with and proportionate to the relevant objectives of the EU Treaty.
First, the applicant argues that he was the subject of a mere investigation which, since it was not part of judicial proceedings,did not satisfy the listing criterion.
On that basis, the listing criterion stated in Article 1(1) of Decision 2014/119, as amended by Decision 2015/143, is as follows.
The applicant's main argument: the disproportionality of the listing criterion in the light of the objectives of the EU Treaty.
The Court must therefore examine whether the listing criterion stated in Article 1(1) of Decision 2014/119, as amended by Decision 2015/143, is compatible with the objectives of the CFSP and, more specifically, whether that criterion is proportionate to the abovementioned objectives.
That plea of illegality will therefore be examined in the context of the first plea in law, in support of the applicant's form of order seeking annulment of the March 2015 acts,wherein the applicant claims that the listing criterion applied with respect to him is not compatible with the objectives of the EU Treaty.
Accordingly, the applicant's arguments that the listing criterion stated by Decision 2014/119 does not achieve other CFSP objectives are ineffective.
It must be observed that, as is apparent from, inter alia, examination of the first plea in law below, the applicant, while not formally pleading illegality under Article 277 TFEU, claims,within the form of order seeking the annulment of the March 2015 acts that maintained his listing, that the listing criterion is not compatible with the objectives of the EU Treaty.
First, he claims that the General Court was wrong to consider that the listing criterion contained in the acts at issue corresponded to the objectives of the CFSP.
In that context, the listing criterion can be considered to be compatible with the European Union legal order only to the extent that it is possible to attribute to it a meaning that is compatible with the requirements of the higher rules with which it must comply, and more specifically with the objective of consolidating and supporting the rule of law in Ukraine.
It is true that those decisions are capable of supporting the Council's argument concerning the existence of a sufficiently solid factual basis,namely the fact that, in accordance with the listing criterion, the applicant was subject to criminal proceedings concerning, inter alia, an offence of misappropriation of Ukrainian State funds or assets.
Second, as was stated in paragraph 108 above, the listing criterion cannot be interpreted as being a delegation to the Ukrainian authorities of the power to decide on the imposition of the restrictive measures in question.
In the second place, the Court must therefore determine whether maintaining the applicant's listing following the March 2015 acts by reason of the fact that he was subject to criminal proceedings for such offences satisfies the listing criterion, as clarified by the January 2015 acts and as interpreted in relation to the first plea in law(see paragraph 110 above).
Second, the applicant argues that the extension of the listing criterion by the January 2015 acts(see paragraph 15 above) cannot properly be interpreted to mean that a mere investigation is sufficient for that criterion to be met.
The Court must therefore examine the lawfulness of the inclusion of the applicant's name on the list by the March 2015 acts, taking into consideration, first, the listing criterion, as‘clarified' by the January 2015 acts, then, the reasons stated for the listing and, last, the evidence on which that listing was based.
The Court must therefore examine whether the listing criterion stated in Article 1(1) of Decision 2014/119, as amended by Decision 2015/143, is compatible with the objectives of the Common Foreign and Security Policy(CFSP) and, more specifically, whether that criterion is proportionate to the abovementioned objectives.
It must therefore be concluded that the inclusion of the applicant's name in the list,by means of the March 2015 acts, on the basis of the evidence provided in the letter of 10 October 2014, complies with the listing criterion, as amended by the January 2015 acts and interpreted in the light of the objective on which it is based, namely the objective of consolidating and supporting the rule of law in Ukraine.
In that regard,it must be recalled that the listing criterion set out in the March 2014 acts, as amended by the January 2015 acts, enables the Council to take account of an investigation with respect to acts classifiable as misappropriation of public funds as a factor that can justify, in appropriate cases, the adoption of restrictive measures.
The applicant adds that the amendment of the statement of reasonswith respect to him by the March 2015 acts, following the extension of the listing criterion by the January 2015 acts, was not justified, since the Council has not proved that he had undermined democracy, the rule of law or human rights in Ukraine or the sustainable economic or social development of Ukraine.
The Court must therefore determine whether the listing criterion laid down in Decision 2014/119 and amended by Decision 2015/143, referring to persons identified as responsible for the misappropriation of Ukrainian State funds, corresponds to the objective, stated in that decision, of consolidating and supporting the rule of law in Ukraine.
Suffice it to state that this extension of the listing criterion is of no relevance in this case, since the applicant was listed for the sole reason that he was the subject of criminal proceedings brought by the authorities in relation to the embezzlement of public funds or assets and not for abuse of office as a public office-holder.
In the light of all the foregoing, it must be concluded that the listing criterion stated in Article 1(1) of Decision 2014/119 is compatible with the objectives of the CFSP, as stated in Article 21 TEU, to the extent that it covers persons identified as responsible for a misappropriation of Ukrainian State funds that is capable of undermining the rule of law in Ukraine.
In the light of all the foregoing, it must be concluded that the listing criterion stated in Article 1(1) of Decision 2014/119, as amended by Decision 2015/143, is compatible with the objectives of the CFSP, as stated in Article 21 TEU, to the extent that it covers persons identified as responsible for a misappropriation of Ukrainian State funds that is capable of undermining the rule of law in Ukraine.
By his fourth plea in law, the applicant argues that the inclusion of his name in the list did not comply with the listing criteria laid down by Decision 2014/119, as amended by Decision 2015/143.
Particularly with respect to the January and March 2015 acts, the misuse of power is all the more evident, according to the applicant, from the fact that, first,the Council extended the listing criteria instead of removing the applicant's name from the list and, second, by extending those criteria, it essentially gave the Ukrainian Government complete control over those criteria. .