Examples of using Fifth code in English and their translations into Finnish
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Hereinafter'the Fifth Code.
Hereinafter the'Fifth Code', was in force from 1 January 1992 to 31 December 1996.
The Commission disputes the applicant's claim that the Fifth Code is binding and exhaustive.
The fact that the Fifth Code was also adopted on the basis of Article 95 does not detract from the Commission's competence in the matter.
In any event, the obligation laid down in Article 6(2) of the Fifth Code to send notification applies in the present case.
The applicant maintains that the Fifth Code constitutes legislation of general application and superior authority which is binding upon the Commission in the adoption of individual decisions.
It follows from all the foregoing that the contested decision cannot be regarded as an unjustified derogation from the Fifth Code, but constitutes rather a measure.
First, it argues that the Fifth Code must be interpreted by reference to the preceding aid codes British Steel, paragraph 47.
It follows that the aid in question should be examined under the Steel Aid Code at present in force, i.e. Decision No 3855/91/ ECSC the Fifth Code.
The Commission refused to authorise State aid, in application of the Fifth Code, to steel undertakings whose situation was comparable to that of Irish Steel, such as Hamburger Stahlwerke GmbH and Neue Maxhütte GmbH.
As the contested decision must be assessed with regard not only to its wording but also to its context,it is clear that the Commission adopted the decision on the basis of the Fifth Code.
The Commission considered that the investments aimed at achieving energy savings andimproved product quality could not, on the basis of the Fifth Code, enjoy any exemption from the provisions of Article 4(c) of the ECSC Treaty.
In these circumstances, it is evident that the applicant, the recipient of the aid, and the Italian Government were best placed to collect andcheck the necessary data showing that the aid met the conditions of the Fifth Code.
It follows from all the foregoing that the contested decision cannot be regarded as an unjustified derogation from the Fifth Code, but constitutes rather a measure based, like the Code, on the first and second paragraphs of Article 95 of the Treaty.
Secondly, even if the Fifth Code were binding only in respect of the aid which it lists, the cash contribution of IEP 2.36 million'to cover specific remedial environmental works' would fall in to the category of'aid for environmental protection' provided for in Article 3 of the Code. .
In seeking to rely on breach of the principle of equal treatment, however, the applicant appears to admit that,even in situations where the Fifth Code is the appropriate law to apply, the Commission may derogate from its rules, provided that such derogation is objective and sufficiently justified.
It follows that the Commission was justified, on the basis of the information at its disposal, supplemented especially by the letter from the Italian Government dated 27 March 1996,to conclude that there was no evidence that the aid in question could qualify for the derogation in favour of research and development for which the Fifth Code provided.
The applicant claims that the Commission is required under Article 93(2)of the EC Treaty(now, after amendment, Article 88(2) EC) and Article 6(4) of the Fifth Code to inform interested third parties of the request for authorisation so that they may submit their comments.
That position is based not only on the wording of the Fifth Code, which, the applicant maintains, is exhaustive and binding, but also on the basis of several declarations of the Commission and the Council pledging to apply strict rules as regards State aid in that sector and to authorise only aid which is compatible with the Fifth Code. .
The applicant claims that the contested decision contains no statement of reasons explaining why the Commission regarded the date of 31 December 1985, corresponding to the expiry of the period of applicability of the Second Code, as a determining factor for the repayment of the aid orwhy it considered that the Fifth Code was applicable to Decisions Nos 7673, 2429 and 4158 of the Province of Bolzano.
Since the scope of the contested decision is not coterminous with that of the Fifth Code- given that it approves,on exceptional grounds in ad hoc cases aid which in principle cannot be compatible with the Treaty- the Fifth Code has absolutely no bearing on the derogation which that decision authorises.
Although it is true that in the contested decision the Commission did not indicate the reasons for applying the Fifth Code, it nevertheless stated that'the question raised by the Italian authorities concerning the rules applicable to the aid in question, in particular that granted prior to 1985, is not relevant in this case.
The EC framework on State aid in environmental matters applicable when the Fifth Code was adopted had been defined in Commission communication SG(80) D/8287 of 7 July 1980('the 1980 EC framework') and extended by Commission communication SG(87) D/3795 of 23 March 1987'the 1987 EC framework.
All available units, code three, fifth and lexington.