Examples of using Contested aid in English and their translations into Finnish
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Colloquial
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Official
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Medicine
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Financial
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Ecclesiastic
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Official/political
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Computer
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Programming
According to the applicant, when the contested aid was granted, small orders were not defined.
The significance of teletransmission of orders was pointed out during the procedure for examining the contested aid.
The first plea alleges that there is no legal basis for declaring the contested aid compatible with the common market prior to 1 November 1993.
In the light of the foregoing, the second part of the third plea,alleging a manifest error of assessment in the examination of the compatibility of the contested aid, must be upheld.
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.
By letter of 7 August 1992, the Commission confirmed to the applicant that certain aid granted to CELF,including the contested aid, had not been notified.
In the contested decision, the Commission concluded that the contested aid was State aid within the meaning of Article 87(1) EC recital 127.
The Commission's conduct, and especially the prolonged nature of the procedure, gave rise to legitimate expectations on the part ofthe national authorities and the applicant as to the legality of the contested aid.
Secondly, it verified that the justification for the contested aid was genuine, namely that there were extra costs directly associated with the processing of small orders.
Annul the last sentence of Article 1 of the contested decision in so far as it declares the contested aid compatible before 1 November 1993;
On 10 June 1998, the Commission adopted a new decision declaring the contested aid compatible with the common market(Decision 1999/133/EC concerning State aid in favour of CELF) OJ 1999 L 44, p. 37.
It must be pointed out that the Commission calculated the costs directly associated with processing small orders on the basis of explanations provided to it by the French Republic in the procedure in which the contested aid was examined.
As a consequence, the Commission simply checked the compatibility of the contested aid on the export agency market under Article 87(3)(d) EC recital 186.
Accordingly, the applicant is justified in claiming that the Commission overestimated the costs of processing small orders which were actually incurred by CELF andwere supposed to be strictly and proportionately offset by the contested aid.
It is apparent from the last sentence of Article 1 of the contested decision that the contested aid was declared compatible with the common market under Article 87(3)(d) EC.
The applicant submits that, by declaring the contested aid compatible with the common market under Article 87(3)(d) EC in the last sentence of Article 1 of the contested decision, the Commission adopted the decision on an incorrect legal basis.
In the alternative, annul the last sentence of Article 1 of the contested decision in so far as the Commission declared the contested aid compatible before 1999 or, alternatively, 1997 or 1994;
Since no consistent method of calculation was used, the contested aid should be regarded as an operating subsidy, granted irrespective of the extra costs incurred in processing small orders.
First, it considers that the Commission committed an error by calculating the costs directly associated with small orders during the whole period in which the contested aid was paid on the basis of an extrapolation of the data for 1994 alone.
It follows from the foregoing that the Commission erred in law in considering that the contested aid was compatible with the common market under Article 87(3)(d) EC as regards that part of the aid paid to CELF before the date on which the EU Treaty entered into force.
The contested aid consisted of a package of annual subsidies, each of which was specifically intended to offset the extra costs incurred each year in handling orders from booksellers established abroad to the value of FRF 500(EUR 76.22) or less, excluding costs of carriage(‘small orders'), which were considered to be below the break-even point.
The applicant is of the view that, since that provision was introduced by the EU Treaty,which entered into force on 1 November 1993, the contested aid could have been declared compatible with the common market only with effect from that date.
Finally, it took the view that the contested aid had a cultural objective for the purpose of Article 87(3)(d) EC, which provides that aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Community to an extent that is contrary to the common interest may be considered to be compatible with the common market recitals 134 and 139.
It has already been found that the applicant has not demonstrated that the Commission committed a manifest error in its assessment of the other conditions to be met in order for the contested aid to be considered to be compatible with the common market as regards the only derogation which is relevant in the present case, namely Article 87(3)(c) EC.
In that regard, the Commission states, first,that the cultural objective of the aid at issue was not called into question by the applicant and, second, that the contested aid did not overcompensate the costs relating to the activities in question, even though the file submitted by the French authorities is not without its weak points and provides no guarantee as to exactly how all the sums were used.
If the Commission had calculated the turnover for small orders in accordance with the method it used to calculate the cost of purchasing books for small orders, the resulting turnover would have been much higher than that calculated in the contested decision,which would have had an impact on whether the contested aid was classified as excessive in relation to the cultural objective covered by the derogation in Article 87(3)(d) EC which was identified by the Commission in the contested decision.
The Commission nevertheless took the view in the contested decision(recital 212) that the effect of the French authorities' error, repeated in its own calculations,was not such as to call into question the proportionate nature of the contested aid, since the financial incidence of the switch of teletransmitted orders and orders not so transmitted amounted to the modest sum of EUR 0.24 per book.