Examples of using The applicant points out 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 applicant points out that not 10 500(that is, 1 500 χ 7), but 137 770 photocopies were.
If the Commission had not made the calculation error complained of, the productspecific costs for 2001 should, as the applicant points out, have been fixed at EUR[confidential] see paragraph 214 above.
Furthermore, the applicant points out that only 6% of Irish Steel's turnover is achieved in Ireland.
With regard to the argument that the content of the contested letter is imprecise and uncertain, the applicant points out that the Commission may not rely on its own failure to comply with Community law.
The applicant points out moreover that the complaint was initially lodged in July 1994 and that the Commission has thus had more than four years to examine it.
As regards the cancellation of the two return flights to Toronto viaMontreal on 15 and 16 September 2001, the applicant points out that the Canadian authorities required the aircraft which provided that service on 11 September 2001 to land that day at Halifax and to remain there until 15 September 2001 inclusive.
The applicant points out that that fact must be taken together with the Board of Appeal's refusal to permit further documents to be placed on the file with a view to proving.
As regards the cancellation of the return flight to New York initially scheduled for 15 September 2001, the applicant points out that, in spite of its requests, John F. Kennedy international airport(‘JFK') did not give it a slot for that day, but only for 16 September, as is evidenced by a telex from the United States Federal Aviation.
The applicant points out that the recitals concerning an increase in the Community industry's prices contradict the subsequent findings of downward price pressure.
As regards the‘ferry flights' to New York(on 18 September 2001) and to Toronto via Montreal(on 20 and26 September 2001), the applicant points out that the operation of those flights is also directly connected with the terrorist attacks of 11 September 2001 and was not caused by pressure by the Governments of the United States and Canada for the repatriation of their nationals.
The applicant points out that that principle precluded the Commission from initiating afresh procedure against the legislation at issue because the compatibility of that legislation with Community law had already been subject to thorough examination.
As regards the increase in production and sales, the applicant points out that the contested decision allows an increase in the production of billets and, according to statements made by Mr Armstead, Chief Executive Officer of Irish Steel(as reported in the Metal Bulletin, cited above), it would appear that Irish Steel plans to concentrate on the production of higher quality billets.
The applicant points out, in particular, that in its letter of 25 April 1995, it supplied detailed analyses carried out by Hydro Agri France and Grande Paroisse, showing that a 10% profit margin was the absolute minimum necessary for the Community industry to survive.
In its reply, the applicant points out, further, that the enforcement of copyright does not justify the circumvention of the binding provisions of Article 86 of the Treaty.
In its reply the applicant points out that in its letter of 18 January 1996 it had expressly asked to participate in the procedure so that it would have a right of access to the documents in the case.
Thirdly, the applicant points out that Article 49 of the implementing regulation is drafted in imperative terms when it provides that‘the Board of Appeal shall so inform the appellant and shall require him to remedy the deficiencies found.
Similarly, the applicant points out that, whilst the absence of competition in a vertical commercial relationship between a producer and a trader may be a salient feature of a collective dominant position, it is not sufficient to establish the existence of such a dominant position.
In this connection, the applicant points out that the Kingdom of Spain formally refused to initiate the legal proceedings it is entitled to bring under Community law against the contested regulation when asked to do so by the autonomous community of Andalusia.
Furthermore, as the applicant points out, the analysis of the SDL sales director's note of 8 March 1988 occurs in the contested decision(points 45 and 123) in the paragraphs dealing with practices concerning the retail sugar market.
The applicant points out that, since 90% of the companies which prepare the Nadorcott variety are established in Valencia, it is impossible to contend that the decision to grant the plant variety right has the same effects on it as on other federations of growers or cooperatives in the Community.
The applicant points out that the evidence produced for the first time before the Board of Appeal was admissible and that the judgment in OHIM v Kaul, cited in paragraph 27 above, confirms that it is possible to submit facts and evidence for the first time at the stage of the appeal before OHIM.
The applicant points out that the Court of Justice has ruled that for the statement of the reasons on which a measure is based to be regarded as adequate, it must disclose in a clear and unequivocal fashion the reasoning followed by the institution which adopted the measure in question in such a way as to enable the persons concerned to ascertain the reasons for the measure and to enable the competent court to exercise its power of review.
The applicant points out that that conclusion is further confirmed by the‘summons' sent to it by the registered letter, with acknowledgement of receipt, of 4 August 2004, after the present action had been lodged, in which the Commission once again called upon it to pay the amount of GNF 959 543 835, stating that if payment were not made,‘it[would] continue the enforcement procedure against[the applicant] by any means offered by the law in regard both to principal and interest.
The applicant pointed out that the provisions of Article 85 of the Treaty prohibit agreements which directly or indirectly fix purchase or selling prices or any other trading conditions and apply even where the undertakings in question have their registered offices outside the Community Joined Cases 89/85, 104/85.
In so far as the Council refers to Article 25 of the basic regulation in support of its contention that the number of sugarproducingundertakings is not fixed, but open to'newcomers', the applicants point out that the possibility for Member.
In that respect, the applicants point out that, as of the period between 1990 and 1992, most Member States had not yet adopted the implementing measures required by Directive 90/676.
The applicants point out that, because of the significant number of years which had passed between the acceptance of the nonmarketing undertakings and the grant of provisional special reference quantities, it was no longer possible to resume the breeding of dairy cattle on their respective holdings, as they had done previously, with the result that they had recourse to production assets leased from third parties, such as cowsheds or dairy facilities.
The applicant also points out that it is'legitimately concerned' within the meaning of Article 7(3) of Regulation No 2081/92, that it objected on this.
In addition, the Commission points out that the applicant requests the adoption of measures having effect until the judgment in the main application or in Case T-342/07, whichever is the later.
Moreover, as the Commission points out, the applicant cannot claim to have been harmed by the attention with which the Commission examined the objections based on infringement of Article 85, since all those objections were abandoned.