Examples of using Multisectoral framework in English and their translations into Romanian
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Point 1.4 of the multisectoral framework.
The multisectoral framework on regional aid for large investment projects OJ 1998 C 107, p.
It is for this purpose that the Commission adopted the multisectoral framework.
See points 7.7 and 7.8 of the multisectoral framework(cited in footnotes 17 and 18).
The multisectoral framework establishes a method for calculating the maximum allowable intensity of regional investment aid.
B- The second plea,alleging misinterpret ation of the multisectoral framework and infringement of Article 87 EC.
(b) The second limb of the plea,alleging that the Court committed an error of law in its interpretation of the multisectoral framework.
The multisectoral framework of 1998', in force at the material time, lays down the rules for assessing aid which falls within its scope, for the purpose of applying Article 87(3) EC.
In the judgment under appeal, the Court of First Instance reviewed precisely whether the Commission, in adopting the contested decision,complied with its multisectoral framework of 1998.
As I have pointed out, the rules established by the multisectoral framework were adopted to implement Article 87 EC, they must be interpreted in accordance with the provisions of the Treaty.
The Commission considered that the notified measure constituted State aid within the meaning of Article 87(1) EC andthat it should be assessed on the basis of the multisectoral framework.
The second problem relates to the interpretation by the Court of First Instance of the multisectoral framework on regional aid for large investment projects adopted by the Commission in a communication of 7 April 1998.
(Appeals- State aid- Commission decision not to raise objections- Action for annulment- Admissibility- Interested parties- Regional aid for large investment projects- Multisectoral framework 1998).
In accordance with points 3.2 and 3.3 of the multisectoral framework, the competition factor is designed to determine whether the proposed project will take place in a sector or subsector suffering from structural overcapacity.
The Court of First Instance failed to have regard to the wide discretion enjoyed by the Commission when applying Article 87(3) EC,pursuant to which it adopted and applied the multisectoral framework of 1998.
According to point 7.7 of the multisectoral framework, the Commission considers structural overcapacity to exist when, on average over the last five years, the capacity utilisation rate of the relevant sector or subsector is more than two percentage points below that of manufacturing as a whole.
Essentially, on four pleas in support of its claim for annulment, alleging, first,infringement of Article 87 EC and of the multisectoral framework; second, infringement of Article 88(2) EC; third.
The Court of First Instance is also justified in holding that the multisectoral framework should be interpreted in the light of Article 87 EC and of the principle of incompatibility of public aid set out therein, in order to attain the objective sought by that provision, namely undistorted competition in the common market.
Nor can a failure to respect the wide discretion enjoyed by the Commission when applying Article 87(3) EC be inferred from the interpretation of the multisectoral framework of 1998 given by the Court of First Instance.
Thus, in accordance with point 3.3 of the multisectoral framework of 1998, in determining whether or not such overcapacity exists, the Commission considers, at the Community level, the difference between the average capacity utilisation rate for manufacturing industry as a whole and the capacity utilisation rate of the relevant sector or subsector.
In those circumstances, the fact that Kronofrance raised a separate plea alleging infringement of Article 87 EC,without relying on the argument relating to the misapplication of the multisectoral framework of 1998, is irrelevant.
The need to appraise the legality of the contested decision with regard to the multisectoral framework of 1998, as interpreted in the light of Articles 87 EC and 88 EC, was all the more justified in the present case in view of a certain ambiguity in the wording of that framework, which the Court of First Instance drew attention to in paragraph 89 of the judgment under appeal.
Joined Cases C-75/05 P and C-80/05 P: Federal Republic of Germany andOthers v Kronofrance SA(Appeals- State aid- Commission decision not to raise objections- Action for annulment- Admissibility- Interested parties- Regional aid for large investment projects- Multisectoral framework 1998).
Furthermore, contrary to what the appellants allege, it is clear from reading paragraph 97 of the judgment under appeal that the Court of First Instance did not propose interpreting the multisectoral framework of 1998 as meaning that the Commission is obliged to assess in every case whether the market concerned is declining.
By letter of 4 August 2000, the Federal Republic of Germany notified the Commission of a project to grant investment aid to Glunz for the construction of an integrated wood processing centre at Nettgau in the Land of Saxony-Anhalt(Germany),which fell within the multisectoral framework of 1998.
The Court of First Instance was therefore justified in holding,in paragraph 89 of the judgment under appeal, that the multisectoral framework of 1998 should be interpreted in the light of Article 87 EC and of the principle of incompatibility of public aid set out therein, in order to attain the objective sought by that provision, namely undistorted competition in the common market.
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.
Such a conclusion was, moreover, consistent with the aim that the Commission itself had laid down when it had adopted the multisectoral framework of 1998, which according to point 1.2 was to limit aid for large-scale projects to a level which avoids as much as possible adverse effects on competition but which at the same time maintains the attraction of the assisted area.
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.
Where the relevant ceiling has been adapted in a particular case, in particular by the application of State aid rules applying in a particular sector, or by an instrument applyingto large investment projects, such as the applicable multisectoral framework for regional aid for large investment projects, the adapted ceiling shall apply for the purposes of this paragraph.