Examples of using Manifest error of assessment 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
The Council considers, as regards Lot No 1,that it did not commit any manifest error of assessment.
Accordingly, the Commission has not made any manifest error of assessment in classifying the paint and final assembly shops of Mosel II, and Chemnitz II, as'extensions of an existing plant.
Ispat notes that the data produced by the applicant in order toclaim that the Commission has made a manifest error of assessment need to be corrected.
It follows from the foregoing that the Commission did not make a manifest error of assessment by not requiring that Ireland demonstrate that the RES was indispensable in order to ensure compliance with the PMI obligations.
He considers that his review of such cases should be limited to checking whether the rules governing the procedure are complied with,the facts are correct, and that there is no manifest error of assessment or misuse of powers.
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.
Contrary to the appellants' view, it is incidentally by no means contradictory for the Court of First Instance in the present case to havefound at one and the same time that the reasons given were insufficient and that the Commission made a manifest error of assessment.
In the light of the foregoing, it must be concluded that the Commission did not make a manifest error of assessment when it considered that Chisso had been the first undertaking to adduce decisive evidence of the existence of the cartel.
In the present case, it must be ascertained whether, in taking the view that the applicant had furnished no evidence of an agreement ora concerted practice, the Commission committed an error of law or a manifest error of assessment.
The Commission did not therefore make a manifest error of assessment in deciding that the factors referred to by the applicant did not constitute a special situation for the purposes of Article 13 of Regulation No 1430/79.
It must therefore be accepted that, by using the data relating to the Korean manufacturers in order to calculate the constructed normal value, the institutions did not make a manifest error of assessment or infringe the principles of equality and non-discrimination.
In those circumstances, the applicant has not shown that the Commission made a manifest error of assessment by finding, in point 53 of the contested decision, that purchases by Kesko retailers of goods which are not physically delivered by Kesko but are invoiced by it cannot be regarded as sourcing which is independent of Kesko.
In its review of legality in such matters, the Court must confine itself to determining whether the Co mm is sion has exceeded the scope of its discretion by a distortion or manifest error of assessment of the facts or by misuse of powers or abuse of process.
It follows from all the considerations set out in paragraphs 85 to 133 of this judgment that the Commission made a manifest error of assessment in finding that the conditions set out in Article 239 of the CCC had not been met and that, consequently, there was no need to repay or remit the import duty relating to the certificates at issue.
At points 137 to 149 and 184 to 194 of her Opinion, the Advocate General has stated her reasons for concluding that the complaints put forward by the Commission in respect of the fight against classical swine fever in 1998 reveal no manifest error of assessment on the Commission's part.
It is in the light of the foregoing considerations that theCourt must examine whether, in this case, the Commission made a manifest error of assessment in finding that Chisso had been the first undertaking to adduce decisive evidence of the cartel's existence.
By its second plea raised before the Court of First Instance, Impala claimed that, by not taking the view that the proposed concentration would create a collective dom-inant position on the market for recorded music,the Commission had infringed Article 253 EC and made a manifest error of assessment and an error of law.
The arguments put forward by the applicant concerning, in particular, the objective of ensuring'supply close to consumers' are not sufficient to prove that the Commission made a manifest error of assessment since that objective is only one of the objectives which were taken in to consideration at the time of adopting the contested decision.
It follows that the applicant has failed to show that the Commission made a manifest error of assessment by finding that the effect of the concentration between Kesko and Tuko fell to be examined at both wholesale and retail level within Finland, having regard to the links between, on the one hand, Kesko and Tuko and, on the other, their respective retailers.
In support of its action against the decision of 13 October 2004, in so far as it relates to Lot No 2,the applicant raises three pleas in law alleging breach of the general principle of sound administration, a manifest error of assessment and breach of the principle of non-discrimination.
In particular, as regards the heads of claim concerning manifest error of assessment, misuse of powers and infringement of the principle of legal certainty, the statement remains totally abstract and the summary is not in any way sufficiently clear and comprehensible to allow the Commission to properly prepare its defence.
In those circumstances, review by the Court of First Instance must be limited to verifying whether the procedural rules have been complied with, the contested decision is properly reasoned, andthe facts have been accurately stated, and whether there has been a manifest error of assessment of the facts or a misuse of powers.
Accordingly, the applicant cannot accuse the Commission of having committed an error of law or a manifest error of assessment in taking the view that the former had put forward no evidence that there was an agreement or a concerted practice with a view to partitioning the markets or fixing prices between Microsoft and its dealers in Canada and/or in France.
As regards the relevant product market for Irish Steel and its market share, which the Commission estimated to be 0.2%,none of the evidence produced by the applicant demonstrates that the Commission made a manifest error of assessment in identifying the market concerned as that of billets in general, rather than steel alloy billets.
However, the Court file contains no material which could lead to the conclusion that the Community institutions made a manifest error of assessment by relying, in the determination of the injury and of the causal link between that injury and the subsidised imports, on the absence of factors, other than those imports, which, according to AGST, caused injury to the Community industry at the same time.
As regards the proportionality of the amount of the RES payments by reference to the costs incurred, the defendant observes that it is for the applicants to demonstrate, which they have failed to do,that the Commission made a manifest error of assessment in accepting the proportionality of the RES system Boehringer v Council and Commission, paragraph 118 above, paragraph 74 et seq.
Fourthly and lastly, Mrs Girardot considers that the Court of First Instance made a manifest error of assessment by not taking into account, in paragraphs 133 to 138 of the judgment under appeal, all the evidence of nonmaterial and physical harm, whereas the medical certificates produced by her within these proceedings record the existence of a depressive syndrome from which she has suffered since the date of the unlawful rejection of her applications.
First, Mrs Girardot submits that, by adopting only a period of five years as the reference period for calculating the difference in remuneration,the Court of First Instance made a manifest error of assessment, in that, in paragraph 80 of the judgment under appeal, it excluded from the factors under consideration the loss of opportunity of a career, when the prospect of appointment as an established official was not a matter.
In paragraphs 384 to 387 of the judgment under appeal too the Court of First Instance found the Commission to have made a manifest error of assessment which was not based on the Commission's taking into account of the defence submissions by the parties to the concentration as regards campaign discounts, but was based on the incorrect substantive assessment of the results of the market investigation, and in particular of answers given by retailers.
As regards the principle of proportion ality, the Council- in the light of the dual objective pursued, that is to say, the protection of public health andthe attainment of the aims of the common agricultural policy- did not make a manifest error of assessment either in holding that the general prohibition constituted the preferable solution from the point of view of protecting public health or in considering that only a general prohibition was capable of restoring consumer confidence.