Examples of using To the statement of objections in English and their translations into Slovak
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Required the Commission to undertakenew market investigations following the response to the statement of objections;
As already noted in paragraph 130 above, prior to the statement of objections, the Commission had sent a state-of-play letterto Chiquita in connection with its cooperation under the 2002 Leniency Notice(recital 348 of the contested decision).
Google and Alphabet have 10 weeks to respond to the Statement of Objections on advertising.
Accordingly, those parties cannot, as a rule, be criticised for putting forward certain- potentially decisive- arguments,facts or evidence only in their arguments in reply to the statement of objections.
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.
As stated in recital 167 to the contested decision,the applicant also admitted in its reply to the statement of objections that there was scope for it to be able to increasethe monthly charge per residential line by EUR[confidential] during the 1998 and 1999 price cap period.
Enhanced access to"key submissions" of complainants or third parties, such as economic studies,prior to the Statement of Objections.
Enhancing access to the“key submissions” of complainants or third parties, including economic studies,prior to the Statement of Objections; and.
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.
By the second ground of appeal, the appellants claim that the Court of First Instance committed an error of law in holding, in essence, that the Commission is required to undertakenew market investigations following the response to the statement of objections.
In paragraph 302 of the judgment under appeal too, the reference to the statement of objections is purely by way of illustration,the Court of First Instance being of the view that even the subdued assessment of list prices in the first clearance decision is‘a further element that favours the transparency of the market'.
In any event, it must be held that the applicant did in fact exercise its rights of defence on that point since it denied its culpability in its reply to the statement of objections, referring to the national regulation of its charges.
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.
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,and prepared for the purpose of their response to the statement of objections.
For example, it is possible that the reply of an undertaking to the statement of objections will contain information whose disclosure must be refused under one of the exceptions laid down in Article 4(2) of Regulation No 1049/2001, whereas the reply of another undertaking, although it is the same type of document, will contain information which does not require such protection.
Moreover, it is apparent from Gosselin's articles of association and recitals 46, 446 and 452 of the contested decision that, during the period in question, Portielje and Gosselin were managed by the same persons,which Portielje confirmed in its reply 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.
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.
BERTELSMANN AND SONY CORPORATION OF AMERICA v IMPALA regards the probative character of the evidence andarguments put forward by the notifying parties in reply to the statement of objections and, secondly, in finding that the lack of additional market investigations after communication of the statement of objections and the adoption by the Commission of the appellants' arguments in defence amounted to an unlawful delegation of the investigation to the parties to the concentration.
Sixth, the applicant claims that there has been an infringement of essential procedural requirements, of the principle of sound administration and the rights of the defence, consisting in the refusal to grant it access to the replies of other breweries to the statement of objections and to sections of the Commission's file of crucial importance for the applicant's defence.
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.
In addition, in a number of places in the judgment under appeal, among others in paragraphs 398, 428 and 451, the Court of First Instance stated that the Commission did not,following the response of the parties to the concentration to the statement of objections, carry out any new market investigations in order to test the validity of its altered assessment of the proposed concentration.
It should be added in this respect that the applicant has drawn attention to the fact, which is not disputed by the Commission, that during the administrative procedure, the Commission received the following evidence from third parties regarding the feasibility of direct sales as a means of market access(cited at paragraph 3.57 of the reply to the statement of objections at Annex 7 to the application).
By the first part of the third ground, which should be considered together with 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 exculpatoryevidence 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. .