Examples of using Contested order in English and their translations into Bulgarian
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Paragraph 31 of the contested order.
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).
Only comprehensive data that indicates both the number of issued and the number of contested orders on detention on immigration grounds has been published.
It held, furthermore, that Article 15(c) of the Directive had not been transposed into Netherlands law by 20 December 2006,the date on which the Minister's contested orders were made.
The Court of First Instance, in the contested order, examined only the second plea.
(40) If, however, Mr D'Oultremont and others is correct in their submissions that the contributions to the public participationprocess were not analysed, that process cannot replace a specific environmental assessment of the contested order.
On such an interpretation, it is doubtful whether the contested order would exhibit an adequate connection with specific areas.
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v. Commission(EU: C: 2018:660) under which it should have concluded that because the European Parliament has not withdrawn the contested decision, the purpose of the action remained.
For example, according to the reply received the MIA does not keep statistical data about the number of contested orders issued by the Heads of the Local Border Police Directorates and the Border Police Directorate in Ruse.
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.
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.
According to the orders for reference, the contested order is based on the 33rd additional provision of Law 34/1998, as inserted by Royal Decree-Law 8/2014.
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.
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.
In that regard, the Council of State takes the view that the contested order is a measure which is‘required' by legislative, regulatory or administrative provisions, as provided for in the second indent of Article 2(a) of the SEA Directive.
If, when it has considered the application, the regional court finds that the conditions for reviewing the order are met,it will annul the contested order in its entirety, and refer the case back for re‑examination by the court of first instance.
In accordance with the Court's definition, the contested order lays down criteria and detailed rules for the development of wind power installations and subjects the implementation of an unspecified number of wind power projects to rules and procedures for scrutiny.
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 request for a preliminary ruling also supports the inference that, while the contested order relates to a specific economic sector, that is to say the operation of wind parks, it does not set out a complete framework for that sector, in the sense of a full set of coordinated measures.
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.
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.
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).
For that reason, moreover, there are parallels between the contested order and the action programmes, recognised as plans or programmes, provided for in the Nitrates Directive, which, although they must in principle be drawn up only for‘vulnerable zones',(25) can nonetheless be applied to the entire territory of a Member State, in accordance with Article 3(5) of that directive.
The official statistical data indicates that in 2015 the percentage of challenged orders out of the total number issued by the Migration Directorate of the MIA, the Head of the Metropolitan Directorate of Police, andthe Head of the Migration Department of the Metropolitan Directorate of Police stood at 0.2%(7 contested orders out of a total of 3 780 issued).
In the second part of its application,developed in the event that the Court grants the application for annulment of the contested order and decides to rule itself on the admissibility of the appeal, the Région de Bruxelles-Capitale sets out the grounds on which its appeal must be declared admissible in so far as it satisfies the conditions of Article 263(4) TFEU.
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.
In the light of the foregoing, the association argues that the interpretation of last limb of the fourth paragraph of Article 263,given by the General Court in the contested order is manifestly contrary to Article 47 of the Charter of Fundamental Rights‘Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
The order can be contested by a interlocutory appeal or protest in court proceedings.
(2) By administrative order may be contested and the contents of a document.