Examples of using Contested measure in English and their translations into Slovak
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Be levied by the intervention in the request for suspension of the contested measure the amount of 37,15 euros.
The contested measure is a preparatory measure with a view to possible contentious proceedings or the adoption of a decision under Article 256 EC.
Infront challenges that analysis andsubmits that the Court of First Instance correctly held that the contested measure concerned it directly.
It is therefore necessary to ascertain whether it is clear from the contested measure that the Commission definitively laid down its position in regard to the applicant therein.
If the contested measure meets legal requirements or does not constitute a substantive infringement, the court will uphold the contested measure and reject the objection.
The Commission contends that the present application is inadmissible inasmuch as the contested measure cannot be regarded as an act amenable to challenge under Article 230 EC.
In the present case, the contested measure precludes a company from offsetting against its profits losses made by a permanent establishment in another Member State.
According to the Court's settled case-law, EU fundamental rights maybe invoked when(but only when) the contested measure comes within the scope of application of EU law.
It claims that it suffices that the contested measure has legal effects capable of affecting the interests of the Member States for actions brought by them to be admissible.
In Palacios de la Villa, however, it considered that the national authoritieswere not unreasonable in taking the view that the contested measure might be necessary and appropriate(paragraph 72).
First of all, it must examine whether the contested measure constitutes State aid within the meaning of Article 92(1) of the Treaty, that is to say, whether it procures an advantage, through the use of public resources, for its beneficiary or beneficiaries.
Since the EU Treaty provides that, in the event of competing spheres of competence between the EC Treaty and the EU Treaty,the former is to take precedence, the contested measure should actually have been adopted on the basis of the EC Treaty.
If the contested measure does constitute a substantive infringement, the Court will annul all or part of the contested measure or- if permitted by law and the facts required for the decision can be substantiated- amend all or part of the enforcement measure. .
On 4 August 2004, at a time when the applicant had already lodged the present action, the Commission sent it a second reminder onceagain calling on it to pay the amount mentioned in the contested measure by 6 September 2004 at the latest.
For that purpose, the Community institutions mustbe able to show before the Court that when the contested measure was adopted, all the relevant factors and circumstances of the situation the measure was intended to regulate were taken into consideration.
It must also be observed, secondly, that the obligation to state reasons constitutes an essential procedural requirement which must be distinguished from the question of the merits of those reasons,which concern the substantive legality of the contested measure.
The evolving nature of the pre-litigation procedure enables the administration, at the complaint stage,to review the contested measure in the light of new facts and points of law and, if necessary, to amend or supplement the grounds on the basis of which it was adopted.
The appellant denies that its action was out of time on the ground that, in accordance with the caselaw, it is for the party which relies on the latesubmission of the application to provide evidence of the date on which the contested measure was notified.
Furthermore, the Commission itself admitted at the hearing that the standard model for debit notes,on the basis of which the contested measure was drawn up, was drafted in such a way that the preparatory nature of the measure did not expressly appear, in order to encourage the debtor to pay the amount due.
However, as the Council correctly points out, a plea of illegality raised indirectly under Article 277 TFEU, when challenging the legality of a decision in the main proceedings,is only admissible if there is a link between the contested measure and the provision forming the subject-matter of the plea.
The contested measure must be regarded as a debit note within the meaning of Article 45 of the Ninth EDF Regulation, because it states that‘[t]he Commission… reserves the right, after obtaining information, to operate a set off in respect of mutual debts which are certain, of a fixed amount and due'.
In the first place, the appellant submits that the General Court infringed the right to effective judicial protection by denying the filing of an application for legal aid any suspensory effect on theperiod prescribed for bringing an action for annulment against the contested measure.
That conclusion, it argues,is reinforced by the very wording which constitutes the contested measure, in which it is stated that‘[in] the absence of payment by the date fixed, the Commission… reserves the right to execute any financial guarantee previously provided and, if necessary, to proceed to enforcement in accordance with Article 256[EC]'.
The obligation to state reasons is an essential procedural requirement, as distinct from the question whether the reasons given are correct,which goes to the substantive legality of the contested measure(Case C-17/99 France v Commission[2001] ECR I-2481, paragraph 35).
The Commission takes the view that the contested measure, like the two reminders and the letter of formal notice, constitute, in this case, measures which form part of the preparatory phase of recovery, which do not constitute an exercise of the Commission's public-law powers and which are not, therefore, actionable decisions for the purposes of Article 230 EC.
Error in holding, on the basis of anerroneous analysis of the three-step method used by the Commission in determining whether there was unlawful aid, that the finding that there may be legal obstacles to cross-border combinations does not preclude the contested measure being selective.
As to the issue of direct concern raised by the defendant,it has consistently been held that the contested measure must directly produce effects on the legal situation of the person concerned and its implementation must be purely automatic and follow solely from the Community rules, without the application of other intermediate measures. .
Thirdly, in recital 154 of the contested decision, the Commission stated that it‘[considered]that… in the present case, the contested measure[wa]s intended to promote the export of capital out of Spain in order to strengthen the position of Spanish companies abroad, thereby improving the competitiveness of the beneficiaries of the scheme'.
Thirdly, in recital 129 of the contested decision, the Commission stated that it‘[considered]that also in the case at hand, the contested measure aim[ed] at favouring the export of capital out of Spain, in order to strengthen the position of Spanish companies abroad, thereby improving the competitiveness of the beneficiaries of the scheme'.
The General Court erred in law by holding that the justifications for the contested measure did not constitute an overriding public interest and by failing to assess whether the restriction on the right to leave constituted, in view of the aim pursued, a disproportionate and intolerable interference, impairing the very substance of the right guaranteed.