Translation of "Mit hinreichender wahrscheinlichkeit" in English

There must also be reasonable probability that the development activity will generate a future economic benefit.

Moreover, capitalization presupposes that development costs will with sufficient probability be covered by future inflows of cash and cash equivalents.

Management considers that the provisions are sufficient to cover the actual obligations based on historical experience.

The Group is of the opinion that there is sufficient probability that the accrued provisions will actually be utilized.

It is settled case-law that, in order that an agreement between undertakings may affect trade between Member States, it must be possible to envisage, with a sufficient degree of probability on the basis of a set of objective factors of law or fact that it may have an influence, direct or indirect, actual or potential, the pattern of trade between Member states.

For vertical agreements to be restrictive of competition by effect they must affect actual or potential competition to such an extent that on the relevant market negative effects on prices, output, innovation, or the variety or quality of goods and services can be expected with a reasonable degree of probability.

In this context, the dominant undertaking will generally be expected to demonstrate, with a sufficient degree of probability, and on the basis of verifiable evidence, that the following cumulative conditions are fulfilled22:

Where relevant information, including available scientific information or information available in the Biosafety Clearing-House, indicates that there is a sufficient likelihood that damage will result if timely response measures are not taken, the operator shall be required to take appropriate response measures so as to avoid such damage.

In this context, the fact that an agreement makes completion of the transaction subject to conditions, including approval by a regulatory authority, shall not prevent that agreement from being treated as binding if it is reasonably certain that those conditions will be fulfilled.

Thirdly, the standard of proof required is clarified: if a formal proof, or proofs, is/are not available, the Member State requested should recognise its responsibility once a body of corroborating evidence makes it possible to establish such responsibility with a reasonable degree of probability.

In order for there to be an effect on trade it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or fact that the agreement or conduct may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States (12).

The Court holds that the notion of a set of circumstances which exists or may reasonably be expected to come into existence or an event which has occurred or may reasonably be expected to do so refers to future circumstances or events from which it appears, on the basis of an overall assessment of the factors existing at the relevant time, that there is a realistic prospect that they will come into existence or occur.

In this context, the dominant undertaking will generally be expected to demonstrate, with a sufficient degree of probability, and on the basis of verifiable evidence, that the following cumulative conditions are fulfilled22:

This interpretation does not hold true only for those steps which have already come into existence or have already occurred, but also concerns steps which may reasonably be expected to come into existence or occur.

Moreover, there is nothing else in the documents before the Court to justify the conclusion, with a sufficient degree of probability, that the reservations entertained by customers wishing to conclude a current-account credit facility contract regarding their choice of bank by reason of the existence of standard bank conditions relating to the provision of general guarantees is of such a kind as to have an appreciable effect on intra-Community trade.

If there is no formal proof, the requested State shall acknowledge its responsibility where there is a body of corroborating evidence which makes it possible to invoke that State's responsibility with a reasonable degree of probability.

According to the standard test developed by the Court of Justice, the notion �may implies that it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or fact that the agreement or practice may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States ()() .

If the heat load value obtained from integration exceeds a predefined heat load limit (which may correspond e.g. to a load of the flash memory of 120° C. for 30 hrs, 130° C. for 10 hrs, 140° C. for 3 hrs or 150° C. for 1 hr or corresponding combinations of intermediate temperatures and time durations) for which a total loss of data can be safely excluded with sufficient probability, then the control unit 16 executes a refresh action as soon as the system 10 is on standby and the monitored temperature of the flash memory 12 has dropped below the temperature limit.

Since, in that regard, the actual needs of the market in the following months could not at present be ascertained with sufficient probability, the Court could not yet set aside a foreseeable deficit in supply.

However, given a number of uncertainties linked notably to the unclear patent situation (the patentsin question have not yet been granted), as well as to doubts about the success of the method oftreatment and about the possibility of technically circumventing the patents, the Commission concludedthat it cannot be said with sufficient probability that the merger will lead to the creation orstrengthening of a dominant position on any future market.

The Court added that the Commission was legally entitled to give a decision on the compatibility of planned aid with Article 92 provided that it had formed the conviction, withsufficient probability, that the operation was capable of falling within the scope of Article85(3).