Examples of using Contested act in English and their translations into Romanian
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Ecclesiastic
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Programming
The legal context in which the contested act was adopted is that of Directive 2002/21.
It found that the principle of proportionality had been infringed and annulled the contested act.
The contested act does, therefore, constitute an act open to challenge for the purposes of Article 230 EC.
The Commission and the Kingdom of Spain submit that the contested act is not one which is amenable to review under Article 230 EC.
The contested act was brought to the applicant's attention by means of an ECHA press release of 18 June 2010.
Representations against acts of enforcement,on the other hand, must be made within five days of the performance of the contested act.
The contested act in this case is a Commission's letter of comments on the basis of Article 7(3) of Directive 2002/21.
Under the first paragraph of Article 231 EC when an action for annulment is wellfounded,the Community court must declare the contested act void.
Vodafone submits that the contested act produces legal effects that are binding on it and capable of affecting its interests within the meaning of the caselaw cited at paragraph 69 above.
Accordingly, they are not‘substances ofvery high concern' and their inclusion in the candidate list via the contested act infringes Article 59(8) of REACH.
Lastly, Vodafone submits that the contested act is of individual concern to it within the meaning of the fourth paragraph of Article 230 EC, and moreover this does not appear to be contested by the Commission.
In this respect, it is sufficient to note that the fact that Article 7(5)of Directive 2002/21 is reproduced merely confirms the nonbinding nature of the contested act(see paragraph 93 above).
Second ground: ECHA adopted the contested act without discharging its function of performing an‘on the merits' assessment of whether borates meet the criteria referred to in Article 57(c) of REACH.
It should be noted in that regard that, as regards the annulment of the PVC I decision by the Court of Justice, Article 231 EC provides that ifthe action is well founded, the Court of Justice is to declare the contested act void.
On the contrary, the press release of 31 January 2006 relating to the contested act confirms that the Commission's comments under Article 7(3) of Directive 2002/21 have no binding legal effect.
By letter of 30 January 2006 the Commission sent the CMT, pursuant to Article 7(3) of Directive 2002/21,a letter of comments on draft measure ES/2005/0330(‘the letter of 30 January 2006' or‘the contested act').
Techniki's action against the contested act is in any event admissible provided that Athinaïki Techniki received the letter in dispute on 8 December 2004 or later.
(3) Exercising the constitutionality review of the claimed act, the Constitutional Court may deliver a judgment with regard to other normative acts the constitutionality of which depends, entirely or partially,on the constitutionality of the contested act…”.
The Commission described its role in these terms not only in the contested act, but also in its accompanying press release of 31 January 2006(IP/06/97) and in its request to the CMT for further information following notification.
Contrary to what is suggested by the United Kingdom Government, those passages in the judgment in CaseC-176/03 do not indicate that the existence of an encroachment on the powers of the Community may constitute a condition independent of that which includes examination of the content and purpose of the contested act.
First ground: the contested act should be annulled as it was based on Annex XV dossiers which contain manifest errors, leading to a breach of an essential procedural requirement in Article 59 of REACH.
It is apparent from the application at first instance that Athinaïki Techniki sought‘annulment of the decision of the Directorate General for Competition to take no further action on the applicant's complaint concerning State aid granted by the Hellenic Republic to the Hyatt Regency consortium in connection with the“Mont Parnès Casino” public contract'(‘the contested act').
It follows that, even if the contested act did constitute an act amenable to review under Article 230 CE, Vodafone does not have the standing to bring proceedings required by the fourth paragraph of that article.
In those circumstances, it is first necessary to specify the nature of the acts taken before that formal investigation procedure and, second,to examine whether the Court of First Instance could conclude that the contested act is not intended to produce legal effects capable of affecting the interests of Athinaïki Techniki by bringing about a distinct change in its legal position.
Nor can Vodafone's argument that the contested act is of direct concern to it on account of the procedural rights of which it is deprived by the decision not to initiate the second phase of the procedure provided for in Article 7(4) of Directive 2002/21 succeed.
Therefore, the latter constitutes only the means by which Athinaïki Techniki became aware of the contested act, and from which point the timelimit for bringing an action against that contested act started to run, in accordance with the fifth paragraph of Article 230 EC.
The contested act of the HGC, which regulates the offer by the intervening OPAP, is therefore SA of predetermined online betting games and based on the erroneous assumption that the intervener(OPAP SA) owns the relevant license must be canceled as issued in breach of the provisions of Article 27 par. 2.
The omission to which Vodafone refers can be explained by the fact that the contested act falls entirely within the scope of the procedure of Article 7(3), and that the conditions of Article 7(4) of Directive 2002/21 are not satisfied.
The contested act cannot be classified as preliminary or preparatory since it cannot be followed, in the context of the administrative procedure which has been initiated, by any other decision amenable to annulment proceedings(see, to that effect, inter alia, SFEI and Others v Commission, paragraph 28).
Vodafone submits, first, that it is apparent from the content andthe context in which it was adopted that the contested act constitutes an authorisation decision, by which the Commission endorsed the CMT's draft measure and decided not to initiate the second phase of the procedure under Article 7(4) of Directive 2002/21.