Exemple de utilizare a Manifest errors în Engleză și traducerile lor în Română
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(b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law;
The second part of the third plea,alleging manifest errors of assessment.
Each of these two manifest errors of assessment was in itself sufficient to justify the Court of First Instance in annulling the first clearance decision.
All instruments have reasonable price filtering conditions which prevent most of the manifest errors such as price spikes.
Second plea in law, alleging that the Council made manifest errors of assessment in including the Applicant in the contested measures.
Thus, for example, the provision of a general summary of the accounting calculations would not necessarily guarantee that manifest errors would be identified.
Thus, in adopting the contested act,ECHA committed manifest errors of assessment, exceeded its powers and infringed the principle of good administration.
In her cross-appeal,Ms Girardot contends that the Court of First Instance infringed Community law by committing several manifest errors of assessment.
The Commission should subsequently scrutinise applications to ensure that there are no manifest errors and the Union law and the interest of stakeholders outside the Member State of application are taken into account.
BERTELSMANN AND SONY CORPORATION OF AMERICA v IMPALA within the limits of the discretion allowed to it orhad committed manifest errors of assessment.
The appellants maintain that,in holding that the Commission had committed manifest errors of assessment and had inadequately reasoned the contested decision as regards market transparency, the Court of First Instance misconstrued the position under Community law as regards the concept of a collective dominant position.
The first part of the third plea alleges that the contested aid is discriminatory,whereas the second part is based on alleged manifest errors of assessment.
First ground: the contested act should be annulled as it was based on Annex XV dossiers which contain manifest errors, leading to a breach of an essential procedural requirement in Article 59 of REACH.
To that extent, the details that the Court of First Instance required could, in theory,reveal deviations from generally accepted principles which could constitute manifest errors.
Fourth plea in law:the finding that the information requested by the Decision was proportionate is based on manifest errors of fact, a distortion of the evidence, and inadequate reasoning.
That error vitiates the part of the judgment under appeal which concerns the examination by the Court of First Instance of the arguments relating to the manifest errors.
Such scrutiny shall be based on the single document referred to in point(c) of Article 23(1),shall consist of a check that there are no manifest errors in the application, and, as a general rule, shall not exceed a period of six months.
In that regard, the appellants argue,among other things, that the finding of the Court of First Instance that the contested decision was inadequately reasoned sits ill with its conclusion that the decision was vitiated by manifest errors of assessment.
ServiceCom Ltd. shall not permitany arbitrage practice or strategy designed to take advantage of price latency or other manifest errors and reserves the right to revoke any Contract entered into by the Client relying on such errors. .
In a number of passages in the judgment under appeal, among others, in paragraphs 379, 424 and 446, the Court of First Instance referred to the statement of objections in order to support its reasoning, both as regards the plea alleging inadequate reasoning in the contested decision andas regards the argument alleging manifest errors of assessment which vitiated that decision.
Furthermore, as the Court of First Instance correctly stated in paragraph 51 of the judgment under appeal,the pleas alleging errors of fact and manifest errors of assessment are indissociable, in the present case, from the plea alleging an error in applying the concept of State aid.
Exception for the extension of the final date of eligibility beyond the dates above is possible only under exceptional and duly justified circumstances(i.e. administrative or legal proceedings having suspensory effects,cases of force majeure which have serious repercussions for the implementation of the project supported by the Cohesion Fund, or manifest errors attributable to the Commission).
Moreover, in its examination of the contested decision,the Court of First Instance itself committed manifest errors of assessment and fundamentally misconstrued the evidence before it as regards essential parts of the case, including in particular the relevance, the complexity and the opacity of discounts.
However, given that the appellants appear to assume that paragraphs 299, 307 and317 of the judgment under appeal contain also elements of the review of the substance of the first clearance decision for manifest errors of assessment, in the following I consider them also on this footing.
The same applies to certain of the paragraphs of the judgment cited by the appellants which concern the evaluation by the Court of First Instance of the arguments alleging manifest errors of assessment, namely paragraphs 338, 339, 341, 362, 402, 456, 467, 532 and 538 of the judgment under appeal, which serve merely to illustrate and to supplement what the Court of First Instance had, in any event, already directly deduced from the contested decision.
However, since a principle of customary international law does not have the same degree of precision as a provision of an international agreement, judicial review must necessarily be limited to the question whether, in adopting the act in question,the institutions of the European Union made manifest errors of assessment concerning the conditions for applying those principles(see, to this effect, Racke, paragraph 52).
Third plea in law:the finding that the information requested by the Decision was necessary is based on manifest errors of law and fact, a distortion of the evidence, inadequate reasoning, and a failure to consider all the relevant evidence.
It is apparent from examination of the application brought before the Court of First Instance by UFEX and Others in Ufex and Others v Commission that the application for annulment was based on four pleas in law which the Court analysed as alleging an infringement of the rights of the defence, an inadequate statement of reasons,errors of fact and manifest errors of assessment, and an error in applying the concept of State aid(Ufex and Others v Commission, paragraph 37).
It is sufficient to hold in that respect, as is apparent from paragraphs 95, 102 and 133 of this judgment, that,in its examination of the line of argument based on the existence of manifest errors of assessment, the Court of First Instance committed errors of law in relation to both the manner in which some of the evidence was dealt with.
State aid- Restructuring aid for a manufacturer of large home appliances notified by the French Republic- Decision declaring the aid compatible with the common market subject to conditions- Manifest errors of assessment- Guidelines on State aid for rescuing and restructuring firms in difficulty.