Examples of using To the statement of objections in English and their translations into Romanian
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It is not disputed that the judgment under appeal contains numerous references to the statement of objections.
BERTELSMANN AND SONY CORPORATION OF AMERICA v IMPALA in reply to the statement of objections.
By contrast, the references to the statement of objections in paragraphs 335, 398, 408 to 410, 419, 424, 446, 447, 451 and 528 of the judgment under appeal seem to be more problematic.
On 25 October 2002, the applicant filed observations on the complainants' responses to the statement of objections.
In essence, the appellants submit that the Court of First Instance set too high a standard of proof as regards their assertions in the response to the statement of objections.
BERTELSMANN AND SONY CORPORATION OF AMERICA v IMPALA b The specific references by the Court of First Instance to the statement of objections in law in the first clearance decision on such mere divergences from the statement of objections. .
It is not disputed that the further passage criticised by the appellants andthe Commission in paragraph 491 of the judgment under appeal likewise contains a reference to the statement of objections.
Thus, the sole fact that the parties to the concentrationput forward certain arguments, facts or evidence for the first time in their response to the statement of objections does not by any means justify a finding that they withheld this information‘until the last minute'.
Accordingly, those parties cannot, as a rule, be criticised for putting forward certain- potentially decisive- arguments, facts orevidence only in their arguments in reply to the statement of objections.
BASF took unprecedented steps to ensure that no unlawful conduct of that type would berepeated in the future, as it explained in its response to the statement of objections.
In that respect, it must be noted that whilst the fact that a statement was introduced at a very late stage of the procedure,namely in the response to the statement of objections, does not in itself mean that no probative value whatsoever may be attached to that statement, it nevertheless has less probative value than one made spontaneously.
On 7 March 2003 Hoechst, together with Nutrinova, reiterated, through their counsel, the requests set out in the letter of 22 January 2003,in the context of their response to the statement of objections.
Thus, for example,the references to the statement of objections made by the Court of First Instance in paragraphs 300, 302 and 308 of the judgment under appeal when reaching its findings in relation to the reasoning of the contested decision were, as the Advocate General pointed out in substance in points 165 and 166 of her Opinion, made for purely illustrative purposes.
Hoechst also emphasised that, in the absence of objections on that point,it saw no need to address the question of characterisation as a leader(Hoechst refers to its response to the statement of objections).
In a number of passages in the judgment under appeal, among others, in paragraphs 379, 424 and 446,the Court of First Instance referred to the statement of objections in order to support its reasoning, both as regards the plea alleging inadequate reasoning in the contested decision and as regards the argument alleging manifest errors of assessment which vitiated that decision.
By the second ground of appeal, the appellants claim that the Court of First Instance committedan error of law in holding, in essence, that the Commission is required to undertake new market investigations following the response to the statement of objections.
In the rest of the Court of First Instance's discussion on failure to state reasons, 132references to the statement of objections are infrequent; they occur only in paragraphs 300, 302 and 308 of the judgment under appeal, and none of them is decisive for the Court of First Instance's finding that the first clearance decision did not contain sufficient reasons as regards the lack of market transparency it claimed to exist.
In addition, it must be noted that, in order to support their claims, the applicants refer to a document of limited probative value, namely a letter written by their legal adviser, Mr A3, andprepared for the purpose of their response to the statement of objections.
Finally, the fact that the reference to the statement of objections in paragraph 300 of the judgment under appeal was not decisive for the line of argument taken by the Court of First Instance is expressly made clear by the Court of First Instance itself in the immediately following paragraph:‘In any event, even considering only the observations set out in the Decision, the Commission concluded that list prices were rather aligned.' 133.
However, some of the references in the judgment under appeal to the statement of objections show that, notwithstanding the position it itself adopted as to the provisional nature of that statement, the Court of First Instance treated what, in paragraph 410 of the judgment, it termed‘findings of fact made previously' in that statement as being more reliable and more conclusive than the findings set out in the contested decision itself.
In support of the appellants, the Commission argues, first,that in view of the tight deadlines that it faces under the Regulation it must be able to rely on the evidence submitted by the appellants in the reply to the statement of objections, since that reply forms part of the formal proceedings.
Secondly, the Commission considers that paragraph 414 of the judgment under appeal, which sets out the approach followed by the Court of First Instance in paragraphs 415 to 457 of the judgment to a large body of evidence, reveals a number of related errors of law concerning, among other things,the probative value of the evidence submitted in response to the statement of objections.
However, having regard to the line of argument of the appellants and of the Commission set out in paragraphs 58 and 59 of this judgment,it is necessary to examine the criticisms made by them in relation to a series of specific references to the statement of objections made by the Court of First Instance in its examination of the validity of the contested decision.
By the first part of the third ground, which should be considered togetherwith the second ground, the appellants maintain that the Court of First Instance in effect suggested in paragraph 414 of the judgment under appeal that the exculpatory evidence submitted by the notifying parties in response to the statement of objections is subject to a higher standard of proof than that applied to the evidence cited by the Commission in the statement of objections. .
(6) In its reply to the statements of objection of the Hellenic Republic and the Portuguese Republic,the Italian Republic stated it agreed with the comments made.