Примери за използване на Pre-litigation procedure на Английски и техните преводи на Български
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Pre-litigation procedure.
III- Facts and pre-litigation procedure.
Firstly, Ireland contends that the Commission changed its position during the pre-litigation procedure.
The pre-litigation procedure.
Actions for failure to fulfil obligations- Pre-litigation procedure- Formal notice(Art. 226 EC).
Actions for failure to fulfil obligations- Subject-matter of the dispute- Determination in the course of the pre-litigation procedure.
II- The pre-litigation procedure.
The subject-matter of the proceedings under Article 258 TFEU is delimited by the pre-litigation procedure provided for in that provision.
III- Facts and pre-litigation procedure A- Procurement procedure 1.
The Hungarian Government submits that the action is inadmissible on account of irregularities committed during the pre-litigation procedure.
Fees owed for services provided by a staff member's lawyer in the pre-litigation procedure do not constitute recoverable costs.
Accordingly, the decision to bring proceedings does not need to be examined in any greater detail than it was throughout the pre-litigation procedure.
That rule is justified by the very aim of the pre-litigation procedure, which is to permit an amicable settlement of the differences which have arisen between officials and the administration.
The subject-matter of the action brought under Article 258 TFEU is, therefore, delimited by the pre-litigation procedure provided for by that article.
Quite interestingly, in March 2014, there was instigated a pre-litigation procedure against a person or persons unknown upon a report from an anonymous witness(it seems some ONE acted quickly and impatiently).
No one, therefore, can rely before the Community judicature on matters of fact which were not put forward in the course of the pre-litigation procedure laid down in Article 88 EC.
That rule is justified by the very aim of the pre-litigation procedure, the object of which is to permit an amicable settlement of the differences which have arisen between officials and the administration.
In those circumstances,it is necessary to regard the action brought on 29 June 2007 as being premature since the pre-litigation procedure had not finished on that date, and thus as inadmissible.
That being so, once the different stages of the pre-litigation procedure are finished, two days may be sufficient to decide on the next step, that is, to bring proceedings for failure to fulfil obligations.
In support of his application, the applicant relies first on infringement of the principles of equal treatment and non-discrimination, in particular in so far as some of his colleagues, who had been similarly downgraded,were reclassified in Grade AST 4 at the end of the pre-litigation procedure.
Appeal- Civil service- Officials- Refusal by an institution to open an inquiry- Pre-litigation procedure- Action for damages- Appeal in part manifestly inadmissible and in part manifestly unfounded.
The pre-litigation procedure in an action for damages differs depending on whether the damage for which compensation is sought is the result of an act adversely affecting the person concerned within the meaning of Article 90(2) of the Staff Regulations or of conduct by the administration which contains nothing in the nature of a decision.
Appeal- Civil service- Officials- Order of referral- Decision which cannot be the subject of an appeal- Action for damages- Pre-litigation procedure- Procedural defects- Appeal in part manifestly inadmissible and in part manifestly unfounded.
Finally, the important point is that the pre-litigation procedure enabled the Hungarian Government to set out its arguments before the Commission and, ultimately, before the Court of Justice, free from any restriction of its right of defence.
In the scheme of remedies established by Article 90a of the Staff Regulations, an action for damages seeking compensation for damage imputable to the European Anti-Fraud Office(OLAF)is admissible only if it has been preceded by a pre-litigation procedure consistent with the provisions of the Staff Regulations.
Which is not used in the formation of the pre-litigation procedure, whether it represents the classified information shall be destroyed within three months from the date of its receipt by the three-member Commission, appointed by the head of the authorities under art. in 251, para.
Where compensation is claimed for the unreasonable time taken, or the absence of any measure to comply with a judgment,the proper conduct of the pre-litigation procedure cannot therefore be subject to the submission of a request by the official on the basis of Article 90(1) of the Staff Regulations.
The Court has held that‘the purpose of the pre-litigation procedure is to give the Member State concerned an opportunity, on the one hand, to comply with its obligations under[EU] law and, on the other, to avail itself of its right to defend itself against the complaints made by the Commission.'(10).
In those circumstances, as the Advocate General pointed out in point 64 of his Opinion, the relevant date for assessing the existence of any infringement of the principle of effectiveness, on account of the fact that the tax authorities of a Member State requested that an administrative document be produced in order toprove certain facts is the date on which that pre-litigation procedure was initiated.
Therefore, if the Commission pleads an infringement of Article 23(8)of Directive 2004/18 in the pre-litigation procedure, it cannot be found in subsequent proceedings that there has been an infringement of Article 26 of Directive 2004/18.