Exemple de utilizare a Contested order în Engleză și traducerile lor în Română
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Paragraph 31 of the contested order.
Together with the statement of claim,this church structure also filed a petition to immediately suspend the action of the contested order.
The Commission considers that the Court of Instance did not, by the contested order, commit any infringement of procedural law.
Instead, the Walloon Government adopted the contested order, which the applicants in the main proceedings(Mr D'Oultremont and others) are challenging before the Belgian Conseil d'État(Council of State).
III- The action before the Court of First Instance and the contested order.
Athinaïki Techniki brought an appeal against the contested order by application dated 18 December 2006, lodged with the Registry on 21 December 2006.
Lastly, various parties to the proceedings have attempted to distinguish plans andprogrammes from more general provisions such as the contested order, which, in their view, is not subject to the SEA Directive.
First ground of appeal:errors of law in the contested order when it holds that there is no longer a purpose to the action, and therefore no need to adjudicate.
Moreover, on closer examination,the area-specific requirements laid down in the annexes can also reasonably be applied to provisions which, like the contested order, apply to a whole region or to certain types of area within a region.
First Plea: the General Court erred in law by adopting the contested order on the basis of a position which is entirely the opposite of that adopted in its judgment in Case T-630/15.
The Council of State may nonetheless have to examine whether the environmental assessment andpublic participation exercise carried out in connection with the other initiatives of the Walloon Region to regulate use of wind power also included the environmental effects of the contested order, as EDORA contends.
Second ground of appeal:errors of law and procedure in the contested order when it holds that there is no longer an interest in bringing proceedings.
In that regard, the referring court has indicated in the orders for reference that, in its judgment of 19 June 2012,(17) it annulled Order ITC/2608/2009,(18)the contents of which are comparable to those of the contested order, without making a reference for a preliminary ruling to the Court.
Belgium's submission that the contested order is comparable with general binding rules within the meaning of Article 6 of the Directive on industrial emissions,(38) which do not require an environmental assessment, does nothing to alter that position.
The Spanish Administration argues that Directive 2009/73, which replaced Directive 2003/55, and the Federutility judgment are not applicable to bottled LPG, and even ifDirective 2009/73 would be applied by analogy, the contested order is justified on the grounds that the market is not sufficiently competitive.
The appellant submits that the contested order incorrectly does not apply the legal test set out in Case C-57/16 P, ClientEarth v. Commission(EU: C: 2018:660) under which it should have concluded that because the European Parliament has not withdrawn the contested decision, the purpose of the action remained.
Repsol Butano and DISA Gas lodged separate actions against the Spanish Administration before the Tribunal Supremo(Supreme Court,Spain), seeking the annulment of Order IET/389/2015(‘the contested order') which updates the system for setting the maximum selling price of bottled LPG(see points 15 and 16 of this Opinion).
As a preliminary point, it should be noted that,contrary to what is stated in the contested order, the appellant applied to the Court of First Instance not for annulment of the letter of 2 December 2004 but for annulment of the Commission's decision to close the file on its complaint, which the Commission notified to the appellant in that letter.
In support of their actions, Repsol Butano and DISA Gas submit that the Federutility judgment interpreting Directive 2003/55/EC concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC,(16) should be applied by analogy, and that there is a clear conflict between the Spanish legislation and EU law,as a result of which that legislation should be disapplied and the contested order should be annulled.
The appellant submits that the contested order misapplies the legal test set out in established case-law, including Case C-57/16 P, under which it should have concluded that the unlawfulness is liable to recur in the future, irrespective of the particular circumstances of the case, and that therefore the interest in bringing proceedings remained.
According to the account of the facts in the contested order, the Commission, by letter of 16 September 2003, informed Athinaïki Techniki that, on the basis of the information in its possession, there were insufficient grounds for continuing the examination of that case and asked Athinaïki Techniki to send it additional information concerning any aid which was not connected with the tendering of the casino.
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