Examples of using Contested judgment in English and their translations into Romanian
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Ecclesiastic
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Programming
Paragraph 46 of the contested judgment.
By the contested judgment, the General Court annulled Commission Decision(EU) 2015/248 of 15 October 2014 on the measures SA.
Accordingly, in paragraph 239 of the contested judgment, the Court found.
In paragraphs 194 to 206 of the contested judgment, the Court of First Instance found that the cooperation given by the Turkish authorities was totally correct.
The Council submits that the General Court erred in the contested judgment on the following points.
The Court of First Instance found in the contested judgment that the 32 A.TR.1 certificates at issue were forged and were not issued by the Turkish customs authorities.
Given that the General Court based itself on a series of indicia on serious difficulties,the single ground is divided in the following two prongs on the two series of indicia examined in the contested judgment.
The Council will demonstrate that the Contested Judgment is vitiated by several errors of law affecting its validity.
The Contested Judgment and Contested Decision should therefore be annulled in so far as they conclude that Toshiba continued to participate in the Gentlemen's Agreement until May 2003.
However, as the Court correctly explained in paragraph 133 of the contested judgment, even partial annulment could only have led to the adoption of another decision identical in substance.
In the contested judgment, the Court of First Instance annulled the contested decision after declaring that the action brought by Kronofrance was admissible and well founded.
The General Court did not provide any reasons as to why the conflicting trade marks do not fall under the scope of Article 8(3)of Regulation 207/2009 following the test it introduced in paragraph 39 of the contested judgment.
As the Court states in paragraph 89 of the contested judgment, the multisectoral framework could be understood in the sense claimed by the Commission.
By the contested judgment, the Court annulled the Commission's decision of 25 July 2001 relating to aid which the Federal Republic of Germany proposed to grant to the undertaking Glunz.
According to the challenged provisions, when examining recourse in contravention cases,the court of appeal may repeal the contested judgment, while it has no power to issue- directly- a new judgment, but it may only refer the case to the first instance for retrial.
The Contested Judgment and Contested Decision should therefore be annulled in so far as they calculate Toshiba's fine on the basis of Toshiba's worldwide market share and Toshiba's fine should be reduced accordingly.
Basing its argument on settled caselaw, the Court of First Instance pointed out, first,in paragraph 32 of the contested judgment that it was necessary to distinguish between the two stages of the procedure for reviewing State aid, namely the preliminary examination of the measure and the formal investigation procedure.
In the contested judgment, the General Court claims to annul the contested decision by upholding the applicant's second plea at first instance, namely that the Commission was wrong to conclude that the Slovak compulsory health insurance scheme is predominantly solidarity-based.
As far as the classification of the 32 import certificates as forgeries is concerned, the Court of First Instance first mentions,in paragraph 122 of the contested judgment, the Turkish authorities' letter of 8 March 1999 to the Ravenna customs ser-vices with its list of the 32 certificates which the Turkish authorities considered to have been forged.
After noting, in paragraph 79 of the contested judgment, the wide discretion enjoyed by the Commission in the exercise of its review of State aid, the Court of First Instance examined whether the Commission had committed an error of law in its interpretation and application of the multisectoral framework.
On the contrary, it is apparent from paragraph 194 of the contested judgment that the UCLAF missions in Turkey were undertaken within a reasonable period following the discovery of the initial forgery.
As the Court pointed out in the contested judgment, this latter aspect should always be examined because aid in a declining market is bound to create severe distortion of competition.
In addition, in paragraph 324 of the contested judgment, the Court referred to the fact that the Turkish authorities had clearly identified the certificates at issue as forgeries.
It rightly drew attention, in paragraph 238 of the contested judgment, to the fact that the Commission conducted investigations in Turkey as soon as there were initial indications that movement certificates had been forged.
In support of the fourth plea, Glunz andOSB maintain that the contested judgment infringes the second paragraph of Article 230 EC, since it goes beyond the pleas raised in support of the action for annulment brought by Kronofrance.
Finally, by their fourth plea, Glunz andOSB claim that the contested judgment infringes the second paragraph of Article 230 EC, because it rules on matters outside the scope of the pleas raised in support of the action for annulment brought by Kronofrance.
As the Court pointed out in paragraph 102 of the contested judgment, the implementation by the Commission of that methodology creates binding legal effects in that it determines the amount of aid which may be declared compatible with the common market.
That argument cannot be accepted,since in paragraph 239 of the contested judgment the Court certainly examined the facts of the main proceedings as to whether the conditions for calling in the Joint Customs Committee in this specific case were fulfilled.
In so doing, it held, in paragraphs 96 and 97 of the contested judgment, that the data relating to the structural capacity utilisation rate in the sector and those relating to the existence of a declining market were two specific assessment criteria which the Commission had to examine concurrently.
Accordingly, the Court held,in paragraph 103 of the contested judgment, that, in applying an adjustment factor equal to 1 to the competition factor without having first ascertained whether the aid project in question would take place in a declining market, the Commission had erred in law, infringing Article 87 EC and the multisectoral framework.