Examples of using Rules of procedure of the court of first instance in English and their translations into Bulgarian
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(Rules of Procedure of the Court of First Instance, Art. 64).
Actions for annulment- Action relating in reality to a contractual dispute(Arts 225 EC, 230 EC, 238 EC and249 EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c))(see paras 21-24).
(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)).
(Art. 242 EC; Act concerning the election of representatives to the European Parliament by direct universal suffrage,Art. 8; Rules of Procedure of the Court of First Instance, Art. 104(2)).
(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and(3)).
Applications for interimmeasures- Conditions of admissibility- Application- Formal requirements(Rules of Procedure of the Court of First Instance, Arts 44(1)(c) and(d)), and 104(2) and(3)(see paras 30-32, 34).
Under Article 87(2) of the Rules of Procedure of the Court of First Instance, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings.
Applications for interim measures- Conditions of admissibility- Application- Formal requirements(Arts 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2) and(3))(see paras 24, 25, 30-33).
(Arts 230 EC, 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1); Council Directive 91/414; Commission Decision 2007/389).
Applications for interimmeasures- Suspension of operation of a measure- Conditions for granting- Urgency- Serious andirreparable damage(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))(see paras 38, 39).
(Arts 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)).
Actions for annulment- Action relating in reality to a contractual dispute- Reclassification of the action- Inadmissibility(Arts 230 EC and238 EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c))(see paras 32-34).
(Rules of Procedure of the Court of First Instance, Art. 65(c); Council Regulations Nos 17, Arts 11 and 15(2), and 1/2003, Art. 23(2); Commission Notice 96/C 207/04).
Council Decision 2006/956/EC, Euratom of 18 December 2006 amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages(OJ L 386 of 29.12.2006, p. 45).
Applications for interimmeasures- Suspension of operation of a measure- Conditions of admissibility- Prima facie admissibility of the main action(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))(see paras 22-24).
Article 44(1)(c) of the Rules of Procedure of the Court of First Instance provides that the application initiating proceedings must state a summary of the pleas in law on which the application is based.
Under Article 46(1)(d) of the Rules of Procedure of the Court of First Instance, which is essentially reproduced in Article 39(1)(e)of the Rules of Procedure of the Civil Service Tribunal, offers of evidence must, in principle, be formulated in the defence.
Applications for interim measures- Conditions of admissibility- Admissibility of main application- Irrelevance- Limits(Arts 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(1))(see paras 50, 51).
Pursuant to Article 14 of the Rules of Procedure of the Court of First Instance, and on the proposal of the Third Chamber, the Court decided, after hearing the parties in accordance with Article 51 of the Rules of Procedure, to refer the case to a Chamber sitting in extended composition.
Applications for interim measures- Suspension of operation of a measure- Interim measures- Conditions for granting- Urgency- Serious and irreparable damage(Arts 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))(see paras 30-34).
However, like Article 48(1) of the Rules of Procedure of the Court of First Instance, Article 42 of the Rules of Procedure of the Civil Service Tribunal provides that the parties may offer further evidence until the end of the hearing, on condition that the delay in offering it is duly justified.
By separate document lodged at the Registry of the Court of First Instance on 21 April 2005, the Commission raised a preliminary plea of inadmissibility, pursuant to Article 114(1) of the Rules of Procedure of the Court of First Instance, which that Court upheld in the order under appeal.
Council Decision 2009/170/EC, Euratom of 16 February 2009 amending the Rules of Procedure of the Court of First Instance of the European Communities as regards the language arrangements applicable to appeals against decisions of the European Union Civil Service Tribunal(OJ L 60 of 4.3.2009, p. 3).
Applications for interimmeasures- Suspension of operation of a measure- Interimmeasures- Conditions for granting- Prima facie case- Urgency- Cumulative nature- Weighing-up of all the interests at stake(Arts 242 EC and243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2))(see paras 17-19).
Article 104(2) of the Rules of Procedure of the Court of First Instance provides that an application for interimmeasures must state the subjectmatter of the proceedings,the circumstances giving rise to urgency, and the pleas of fact and law establishing a prima facie case for the interimmeasures applied for.
Applications for interim measures- Suspension of operation of a measure- Application for suspension of operation of a measure other than the measure challenged in the main proceedings andemanating from another institution- Inadmissible(Art. 242 EC; Rules of Procedure of the Court of First Instance, Art. 104(1))(see paras 27, 28).
Article 43(6) of the Rules of Procedure of the Court of First Instance thus provides that receipt by the Registry of the Court of First Instance of the copy of the application by fax is to be treated in the same way as the lodgment of the original of the application provided that that original is actually lodged there within 10 days.
That provision concerns offers of fresh evidence and must be read in the light of Article 58(5) of those Rules, reproducing Article 66(2) of the Rules of Procedure of the Court of First Instance, which provides that a party may always submit evidence in rebuttal or amplify previous evidence.
It follows from Article 44(1)(c)in conjunction with Article 48(2) of the Rules of Procedure of the Court of First Instance that the original application must contain the subjectmatter of the proceedings and a summary of the pleas in law relied on, and that new pleas in law may not be introduced in the course of the proceedings unless they are based on matters of law or of fact which come to light in the course of the procedure. .