Examples of using Contested judgment in English and their translations into Slovak
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B- The proceedings before the Court of First Instance and the contested judgment.
The appellants complain that in the contested judgments the Court of First Instance gave a negative answer to that question.
The application must be made against all parties to the case in which the contested judgment was given.
However, in the contested judgment, the Court of First Instance concluded that the Commission did not fail to discharge any duties.
The Council submits that the General Court erred in the contested judgment on the following points.
Set aside the contested judgment and declare the appellant's requests in case T-399/17 admissible and well-founded, and consequently, order.
B- The proceedings before the Court of First Instance and the contested judgment file at the Commission's offices.
I therefore suggest that the Court of Justice draw the same conclusions as in SAT.1 v OHIM(SAT.2),and set aside the contested judgment'.
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.
However, I am of the opinion that a divergent view of the normative scope of that general legal principle is not, in itself,capable of justifying setting aside the contested judgment.
The Court of First Instance rightly concluded in the contested judgment that neither Turkey nor the Commission was required under the provisions applicable here to send specimens of stamps or.
Given that the General Court based itself on a series of indicia on serious difficulties, the single ground is divided in thefollowing two prongs on the two series of indicia examined in the contested judgment.
In the contested judgment, the Court of First Instance refers inter alia to Cook v Commission, paragraph 22; Matra v Commission, paragraph 16; and Commission v Sytraval and Brink's France, paragraphs 38 and 39.
First, contrary to the picture which both the Commission and the Council seek to present, it is not so much a principle of liability for a lawful actthat the Court of First Instance established, rightly in my view, in the contested judgments.
The contested judgment erred in law in holding that appellant could rebut the presumption of adherence to the home territory principle resulting from its representative's attendance only by“publicly distancing” itself at the meeting.
That requirement is not satisfied by an appeal which, without even including an argument specificallyidentifying the error of law allegedly vitiating the contested judgment, merely reproduces the pleas in law and arguments previously submitted to the General Court.
In support of the fourth plea, Glunz and OSB 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.
Cited in footnote 23, points 80 and 81:‘… I believe that the Court misinterpreted Article 7(1)(b) of the regulation by basing its conclusion, that the sign in question is devoid of distinctive character, on its finding that“the overall mark is likely to be commonly used in trade to present the goods and services” referred to in the application for registration.…I conclude that the contested judgment is vitiated by the same errors of law as the judgment in SAT.1 v OHIM(SAT.2), cited above.
OPINION OF MR POIARES MADURO-JOINED CASES C-120/06 P AND C-121/06 P contested judgments by adding a further requirement that there be no entirely general interest pursued by the conduct of the institutions that caused the damage.
In paragraph 96 of the contested judgment, it concluded that the application of an adjustment factor equal to 1 to the competition factor implied a prior finding that there was no structural overcapacity in the sector concerned and also that the market was a declining market.
With regard to that request for access to the file, made by the applicant after the contested decision had been adopted and the proceedings initiated,in paragraph 102 of the contested judgment the Court pointed out that that is clearly irrelevant for the purposes of determining whether the applicant's rights of defence may have been adversely affected during the administrative procedure and can have no bearing on the legality of that decision.
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.
Finally, by their fourth plea, Glunz and OSB 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.
In the contested judgment, the General Court upheld the Commission's conclusion that the Slovak compulsory health insurance scheme was predominantly solidarity-based, as well as its explanation that its economic features were introduced to ensure that its social and solidarity objectives were attained.
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.
The contested judgment is vitiated by a manifest error of assessment and substantively invalid, in so far as it finds that the appellant“did not have to contend with the handicaps usually faced by SMEs”(and that the appellant therefore would not be an SME under the“purpose and spirit” of the SME Recommendation).
The Federal Republic of Germany and also Glunz and OSB maintain that the contested judgment infringed the fourth paragraph of Article 230 EC, since the Court of First Instance considered that Kronofrance was‘directly and individually concerned' by the contested decision and therefore held that the action brought by that company was admissible.
B- The contested judgments rely on those agreements when contesting the validity of Community legislation if the DSB has declared that both that legislation and the subsequent legislation adopted by the Community in order to comply with the WTO rules in question are incompatible with those rules'.
Finally, several findings of the contested judgment run counter to established EU and WTO case law regarding the establishment of normal value as well as ensuring fair price comparisons and respecting the exporters' rights of defense.
First ground: The General Court committed an error in law in the contested judgment in the interpretation and application of the related concepts of“significant distortions” and“financial situation” under Article 2(7)(c), third indent of the Basic Anti-Dumping Regulation1 and the consequential shifting of the burden of proof for Market Economy Treatment(MET) from the applicant to the Commission.