Examples of using Contested measure in English and their translations into Danish
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A- The finding that Infront was directly concerned by the contested measure.
The contested measure is a preparatory measure with a view to possible contentious proceedings or the adoption of a decision under Article 256 EC.
In other words, the Court of First Instance held that the contested measure affected Infront's right to property.
Lastly, an action for annulment brought by a natural orlegal person is not admissible unless the applicant has an interest in seeing the contested measure annulled.
On 9 June 2005, since the applicant had not paid the amount mentioned in the contested measure, the Commission sent it a letter of formal notice.
In the present case, the contested measure precludes a company from offsetting against its profits losses made by a permanent establishment in another Member State.
Application for interim measures: suspension of the opera tion of the contested measure and other forms of interim relief.
It follows that neither the contested measure nor any other letter sent to the applicant at a later date constitutes an enforceable measure for the purposes of Article 256 EC.
LIDL BELGIUM in the context of the deduction of losses made by a permanent establishment and(ii), if so, whether the contested measure is proportionate.
It is also immaterial whether the contested measure affects, in some circumstances, nationals of the State in question resident in other parts of the national territory as well as nationals of other Member States.
An action for annulment brought by a natural orlegal person is admissible only in so far as that person has an interest in the contested measure being annulled.
The Commission contends that the present application is inadmissible inasmuch as the contested measure cannot be regarded as an act amenable to challenge under Article 230 EC.
By virtue of the principle of the non-retroactivity of measures of a penal nature, the retroactivity of Council Regulation No170/83 4could not validate, ex post facto, the contested measure.
The issue before this Court is whether the contested measure may none the less be justified, and in particular(i) whether the grounds of justification accepted by the Court in Marks& Spencer 5in the context of the deduction of losses made by subsidiaries are applicable 5.
According to the Council, the Commission and the United Kingdom, the European Court of Human Rights relinquishes its powers of review when a contested measure is necessary in order to implement a Security Council resolution.
It must be noted as a preliminary point that the obligation to state reasons laid down under Article 253 EC is an essential procedural requirement, unlike the question whether the reasons given are correct,which goes to the substantive legality of the contested measure.
In this case, the Court of First Instance correctly held, in paragraph 146 of the judgment under appeal, that the contested measure leaves the national authorities no discretion, because it requires them to produce the effects on Infront's legal situation of which Infront complains.
I consider that these arguments of the Commission raise the issue of whether Infront had a legal interest in bringing the proceedings rather than that of the requirement that it must be directly concerned by the contested measure.
The Danish Government contended, in essence,that the fact of exceeding the limit set by the contested measure raised a presumption that the importation was of a commercial character which, in accordance with Article 3(2) of the directive, ruled out enjoyment of the allowance.
On 4 August 2004, at a time when the applicant had alreadylodged the present action, the Commission sent it a second reminder once again calling on it to pay the amount mentioned in the contested measure by 6 September 2004 at the latest.
The claim that the contested measure is necessary was further undermined when the Portuguese Republic admitted at the hearing that it allows the marketing on its territory of motor vehicles fitted from the outset with tinted windows within the limits laid down by Directive 92/22.
Applications for interim measures- Suspension of operation of a measure- Interim measures- Conditions for granting- Serious andirreparable damage- Contested measure infringing a superior rule of law- Condition not automatically fulfilled- Burden of proof(Arts 242 EC and 243 EC; Rules of Procedure of the Court of First Instance, Art. 104(2)) see paras 58, 59.
On 14 June 2000, Radiosistemi contested the prefectoral order before the Guidice di pace di Genova, arguing that the Prefetto di Genova had ordered the confiscation of goods already seized, which were thus liable to be destroyed, and asking,as an urgent preventive measure, that the operation of the contested measure be suspended.
That conclusion, it argues, is reinforced by the very wording which constitutes the contested measure, in which it is stated that‘[in] the absence of payment by the date fixed, the Commission… reserves the right to execute any financial guarantee previously provided and, if necessary, to proceed to enforcement in accordance with Article 256 EC.
It is true that the contested measure is drafted in a way which could give the impression that it is a definitive measure by indicating, in particular, that‘[in] the absence of payment by the date fixed, the Commission… reserves the right to execute any financial guarantee previously provided and, if necessary, to proceed to enforcement in accordance with Article 256 EC.
In those circumstances,the fact that the Court examined, in that case, the economic consequences of the contested measure for the applicants provides no grounds for concluding that the economic impact to which the applicants refer in the present case differentiates them within the meaning of the case law cited in paragraph 40 above.
The Irish Government also contended that the contested measure was necessary on account of the numerous abuses by travellers importing large quantities of beer free of duty(up to 120 litres per car) for subsequent sale by retail, and in view of the difficulty of verifying case by case whether or not the imports had a commercial character given the impossibility of establishing with certainty whether travellers were telling the truth when justifying themselves.
The Commission challenges the Court of First Instance's findings that Infront was directly, and individually,concerned by the contested measure, within the meaning of the fourth paragraph of Article 230 EC, under which any natural or legal person may institute proceedings against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to the former.
Finally, as regards the argument that the contested measure was negotiated between the Community and the Member States, the Court merely pointed out, without Its being necessary to consider whether the measure in question had in fact been negotiated, that the possibility of adopting such a measure was not envisaged in Article 23(1) of Regulation No. 4253/88 and that the measure in question could not therefore have the effect of changing the legal situation of the Member States, as envisaged in that provision.
As regards urgency, it was apparent to the judge hearing the application that, if the contested measure were to be annulled by the court dealing with the merits of the action, the harm sustained by the applicant if execution of the measure were not suspended would be irreparable, since it would be impossible to full his mandate as a Member of the European Parliament.