Examples of using Contested measure in English and their translations into Spanish
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Colloquial
The contested measure complies with the law.
The State party reiterates that the contested measure was neither arbitrary nor illegal.
The contested measure had a due legal basis.
Moreover, this remedy would not have made it possible to stay the contested measure or decision.
The contested measure was proportionate to its purpose.
Therefore, the General Court annulled the contested measures in so far as they concern Al-Aqsa.
The contested measure expired on 12 November 2016, as communicated to the Panel and Indonesia soon after.
It would need to take into account the interaction between the contested measures and other government measures, such as export restrictions on logs.
This legal standard does not contemplate a separate andadditional inquiry into the regulatory objective of, or the regulatory concerns underlying, the contested measure.
In most cases, the contested measures were found to be in conformity with the provision of article 8, paragraph 2.
However, disputes involving the SPS andTBT Agreements are almost always accompanied by claims that the contested measures are inconsistent with some of these articles.
In the present case,however, since the contested measure has ceased to apply, there is nothing left to"preserve", nor is any benefit being impaired.
Here, the appellate Body held that the fiscal treatment of legitimately comparable income needed to be contrasted with the treatment of income subject to the contested measure.
The Committee further notes the State party's affirmation that the contested measure was proportionate to its aim, insofar as it applied only to public schools and required a dialogue to be initiated between the pupil and the school authorities.
The EU argues that the Panel erred in making recommendations andthat Indonesia's appeal should be dismissed because the contested measure expired before the Panel's report was circulated.
By stating that a Member is not required to"compensate for" such"inherent competitive disadvantages", footnote 10 thus makes clear that the national treatment obligation under Article XVII: 1 is not about the relative competitive advantages or disadvantages of the services andservice suppliers that are not caused by the contested measure.
If the proceedings are admissible, the judge will order the appropriate authority to prepare a detailed report on the background to and basis for the contested measure, the report to be completed within a reasonable time as determined by the judge usually five days.
Contrary to the requirements of Article 11 of the DSU, the Panel held a fragmented analysis of contextual elements of the text of Article 2(5) of the Basic Regulation, as ifthey existed autonomously from the contested measure.
Contrary to what the Panel appears to have assumed, the fact that a complainant could comply orcould have complied with the conditions imposed by a contested measure does not mean that the challenged measure is therefore consistent with Article 2.1 of the TBT Agreement.
The Appellate Body also examined footnote 10 to Article XVII: 1, which, in the Appellate Body's view,confirms that the standard of"treatment no less favourable" must be based on the impact on the conditions of competition that results from the contested measure.
She recalled that, under the current DSU, the three alternative outcomes of a dispute are:bringing the contested measures into compliance; paying compensation; and, as last resort, trade sanctions, but only temporarily, in order to increase the incentive for the losing party to comply.
The"inherent competitive disadvantages" within the meaning of footnote10 do not include, and should not mask, the detrimental impact that is genuinely attributable to the contested measure, such as what the Panel found in this dispute.
Under Article II: 1 and Article XVII of the GATS, a measure fails to confer"treatment no less favourable" if it modifies the conditions of competition to the detriment of services or service suppliers of any other Member in comparison to like services or service suppliers of, respectively, any other country orthe Member imposing the contested measure.
No affirmation of states' duty to regulate-but at least a provision on the right to regulate The new model BIT continues to leave it to arbitrators to determine,with wide discretion, whether a contested measure taken by a state Party falls within the definition of an action necessary to achieve legitimate policy objectives.
Similarly, there is no absolute rule on the submission of arguments before the panel- not all arguments must have been submitted during the investigation, normust they all be apparent from the reasoning of the contested measure.
This provision applies in cases where disciplinary measures have been imposed when the dispute resolution body or the competent authority(a) provides for an exemption;(b) applies a more lenient disciplinary measure; or(c) declares that the contested measure is invalid because it was applied in an untimely manner, imposed by an authority that was not competent, or did not comply with the procedure established by law.
As with the notion of fair and equitable treatment, the concept of indirect expropriation aims to prevent the state from arbitrarily altering the legal framework in place at the time of the signing of the deal,which is why an assessment of the reasonableness of the contested measures is always required.
The EU law characterisation of a particular fact pattern as consistent ornot with the Basic Regulation is a question of fact, while the consistency of the contested measure with Article 2.4 of the ADA is a question of both law and fact.
Importantly, it cautioned that for the purposes of this comparison,it might not always be possible to identify a general tax rule that would apply to the revenues in question in the absence of the contested measure US-FSC, appellate Body report: paras. 89-91.