Examples of using Procedural defect in English and their translations into Slovak
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Official
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Colloquial
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Medicine
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Financial
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Ecclesiastic
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Official/political
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Computer
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Programming
The problem appeared to be procedural defects.
A fundamental procedural defect under Article 112a, paragraph 2(d), may have occurred where the Board of Appeal.
There is therefore no reason to rush,and we have no need to adopt a text affected by such a significant procedural defect as this.
A procedural defect in connection with the Court's substantive ruling on an inadmissible plea;
However, it also ruled that the applicant for judicial review could notbe required to prove a causal link between the procedural defect and the contested decision(154).
Any other fundamental procedural defect defined in the Implementing Regulations occurred in the appeal proceedings; or.
In addition, in the Commission's submission, the General Court's approach leads to a serious infringement of the principle of audi alteram partem and,consequently, a procedural defect which harms the interests of the Commission.
Grounds for opposition include procedural defects and a request for a period of grace(if the enforceable title is a notarial deed).
Failure to satisfy the above requirements regarding territorial jurisdiction and the provision of prima facie evidence,or failure to make good a procedural defect will mean that the court will reject the application.
(155) However, the possibility of disregarding minor procedural defects for purpose of effective remediesdoes not preclude a judge from declaring that a procedural defect has occurred.
The breach of one of the obligations set out in Article 3(1),(2) and(3)or in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Minor procedural defects do not require remedies, provided it can be established- without placing any burden on the applicant for judicial review- that they did not impact on the contested decision.
Quite the opposite,attorneys can help universities avoid litigation by pointing out procedural defects and ambiguities before parties resort to expensive and time-consuming litigation.
Consequently, it is apparent that the unequal treatment consisting in a delay in making certain technical information available to the tenderers, with the exception of the successful tenderer,constitutes a procedural defect.
The competent authoritymust therefore be able to rectify the procedural defect vitiating those assessments, without being required to pay once again to the recipient of the unlawful aid, even provisionally, the sums reimbursed by the latter pursuant to that assessment.
The breach of one of the obligations set out in paragraphs 1, 1a, 2, 2a, 3, 3a ofthis Article and in Article 6(2) shall constitute a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
An official does nothave any legitimate interest in seeking the annulment for a procedural defect, and in particular for a breach of the obligation to state reasons, of a decision where the administration has no scope for the exercise of discretion but is bound to act as it has done, since the annulment of the contested decision will inevitably lead to the adoption of an identical decision, in essence, to the decision annulled.
In support of its cross-appeal, the Commission puts forward a single ground of appeal, alleging infringement of Article 296 TFEU,read in conjunction with Article 101 TFEU, procedural defects harming the interests of the Commission and infringement of the principle of audi alteram partem.
With a view to ensuring the effectiveness of the procedure, breach of the obligation tonotify or a failure to notify a measure within the time limits laid down in this Directive, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Second, the proposal would create an extraordinary remedy in the Member State of enforcement whichwould enable the defendant to contest any other procedural defects which might have arisen during the proceedings before the court of origin and which may have infringed his right to a fair trial.
With a view to ensuring the effectiveness of the procedure, breach of the obligation to notifyor to refrain from adopting a notified measure, including during the period following the receipt of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
Secondly, the Court considers it appropriate to examine another plea alleging infringement of essential procedural requirements,namely the existence of a procedural defect, arising from the unlawful termination of the formal investigation procedure.
With a view to ensuring the effectiveness of the procedure, breach of the obligation to notify or to refrain from adopting a notified measure, including during the period following the receipt of an alert,should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
This requires putting in place, at the stage of enforcement, extraordinary remedies for the benefit of defendants who did not enter an appearance as a result of a lack of notice orwho otherwise suffered procedural defects in the proceedings before the court of origin which may amount to an infringement of Article 47 of the Charter.
(15) Failure to comply with the obligation to notify draft measures or modifications to the already notified draft measures or measures that have been adopted inaccordance with this Directive within the prescribed period should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.
In that connection, the Court will examine, first of all, whether the unequal treatment alleged, consisting in a delay in providing the tenderers other than the successful tenderer with certain technical information,constitutes, as such, a procedural defect in that information that was in fact necessary for the preparation of the tenders was not made available to all the tenderers as soon as possible.
(15) Failure to comply with the obligation to notify draft measures at least three months prior to their adoption and/or to refrain from adopting the notified measure during this periodand, as the case may be, during the 3 months following the reception of an alert, should be considered to be a substantial procedural defect of a serious nature as regards its effects vis-à-vis individuals.