Examples of using PVC cases in English and their translations into Dutch
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In the PVC cases, the applicants produced precise evidence relating to those proceedings.
It adds that the proceedings in the Polypropylene cases did not bring factual evidence to light analogous to that which came to light in the PVC cases.
In the PVC cases before the Court of First Instance the applicants had adduced specific items of evidence relating to those procedures.
Lastly, the Court of First Instance cannot be criticised for having required too high a standard of evidence when such a requirement was easily satisfied in the PVC cases.
contrary to the situation in the PVC cases, the text of the Polypropylene decision notified to it did not reveal obvious changes and alterations.
At no stage of the administrative and judicial procedure in the polypropylene case were there found to have been the same infringe ments of essential procedural requirements as in the PVC cases.
The fact that in the PVC cases the Court did not find in favour of nonexistence does not preclude,
DSM observes that only the latter undertakings were in fact able to apprise themselves of the Court's judgment in the PVC cases, delivered on 27 February 1992, prior to appealing against the judgment concerning them.
In the PVC cases the nonexistence of an authenticated original
The Court of First Instance, it is contended on behalf of Monte, ought to have examined of its own motion the likelihood that the act contested before it displayed the same formal defects as those identified for the first time during the course of the procedure in the PVC cases.
As early as the afternoon of 22 November 1991, one of its officials had acknowledged in the context of the procedure leading to the hearing in the PVC cases that the procedure laid down in Article 12 of the Commission's rules of procedure had fallen into disuse.
In those circumstances, the statements made by the Commission in the PVC cases before the Court of First Instance should have constituted a sufficient reason for verifying whether the Commission had acted in the same way when it adopted the Polypropylene Decision.
in contrast to the attitude it had taken in the PVC cases, did not examine the substance of the application for revision.
Us With regard to the explanations given by the Commission's Agents at the hearing in the PVC cases in November 1991,
alterations to the Decision in 1986, that is to say in a normal situation entirely unlike the special circumstances of the PVC cases, where the Commission's term of office was about to run out in January 1989.
It could be argued that the disclosures by the Commission representatives in the PVC cases, on which the applicant's pleading was founded,
the measures of organisation of procedure adopted by the Court of First Instance in the PVC cases, since the course taken by the proceedings was different in those cases. .
With regard to the explanations given by the Commission's Agents at the hearing in the PVC cases, in November 1991,
was known to DSM, owing to what was stated at the hearing in the PVC cases, that amendments and additions were subsequently made to the text of the Polypropylene Decision.
of First Instance and held that the defects found by the latter were not such as to warrant treating the decision challenged in the PVC cases as nonexistent.
The appellant submits in its separate pleading that, in view of the explanations offered by the Commission in the PVC cases, it is evident that the same procedural flaw,
In the present case, unlike in the PVC cases, cited above, the applicant has not put forward any concrete evidence to suggest that any infringement of the principle of the inalterability of the adopted measure took'place after the adoption of the contested Decision
By its eighth plea, DSM maintains that the Court of First Instance was in breach of the principle of equal treatment, in that, unlike in the PVC cases, it did not proceed to examine the substance of the application for revision on the basis of the information supplied by DSM.
In fact, in accordance with the view taken by the Court of Justice in the PVC cases, 9which I consider should be followed in the present case,
since they fail to take account of the differences between the PVC cases and this case, and misunderstand the PVC judgment of the Court of Justice.
DSM claims that the statement by the Commission's Agent at the hearing in the PVC cases, according to which Article 12 of the Rules of Procedure of that institution was not applied,
one of its officials had acknowledged in the context of the procedure leading to the hearing in the PVC cases that the procedure laid down in Article 12 of the Commission's rules of procedure had fallen into disuse.
that is to say when the grounds of annulment relied on by the applicants in the PVC cases were published in the Official Journal
notwithstanding the doubts set out above as to the extent to which the sanction against the Commission's infringements in the PVC cases was sufficiently severe,
The Commission's objection of inadmissibility, to the extent to which it is based on the view formed by the Court in the PVC cases(see above footnote 11