Examples of using Contested aid in English and their translations into Romanian
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Ecclesiastic
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Computer
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Programming
Finally, the Commission established that the contested aid did not overcompensate the costs of processing of small orders.
First of all, it established the relevance of small orders as a criterion for justifying the granting of the contested aid(recitals 187 to 197).
In this case,it is common ground that the contested aid was not notified in 1988 or in the following years.
By letter of 7 August 1992, the Commission confirmed to the applicant that certain aid granted to CELF,including 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 only subsidy which is the subject of the present case(‘the contested aid') was granted on an annual basis from 1980, although the amount of the subsidy varied as of.
In the further alternative, 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;
The applicant submits that the contested aid is totally unrelated to small orders and is simply operating aid granted to CELF on an indefinite 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;
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.
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.
In the contested decision, the Commission concluded that the contested aid was State aid within the meaning of Article 87(1) EC(recital 127).
It is in the light of those principles that it is necessary to consider whether the applicant has succeeded in demonstrating that the contested decision is vitiated by a manifest error of assessment as regards the examination of whether the contested aid is compatible with the common market.
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 Commission therefore declared the contested aid compatible with the common market after weighing the objectives of promoting French culture against those of safeguarding free competition.
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.
That is particularly so in the present case, since the contested aid was awarded and granted by the French Republic and used by CELF in order to offset the extra costs of processing small orders on an annual basis.
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 is therefore necessary only to examine whether the contested aid had become definitively compatible or incompatible at the time when the contested decision was adopted.
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.
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).
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).
The French Republic submits that CELF benefited from the contested aid on account of its general interest objective of meeting unprofitable orders placed by foreign booksellers.
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.
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.
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 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.