Translation of "Nur hilfsweise" in English

The following considerations regarding the second to fourth Altmark criteria are therefore merely set out in the alternative.

But this power in any event remains a subsidiary one, to be exercised failing appointment under the statutes or Instrument of Incorporation or by the general meeting.

The difference with the commission applied in the present transaction stemmed from the following factors: (a) the conditions for calling on the guarantee were much stricter than those of the bank guarantees, since these were enforceable at first request and IGAPE’s guarantee was enforceable only in a subsidiary capacity (once the beneficiary was declared insolvent); (b) the risk assumed by IGAPE was very low since it covered only 30 % of the loan and the loan financed only 40 % of the investment; and (c) the project was promoted by groups known for their solvency.

Those amendments would impose a too heavy burden on centralised authorities whose function is only subsidiary.

To prevent any abuses in its application, this Article has been given a subsidiary role in relation to Articles 3-6 (that is, it would apply only if no court of a Member State can assume jurisdiction pursuant to these Articles).

However, examining the Parliament’s other pleas only in the alternative, he considers that those pleas, concerning the procedure for consulting the Parliament and infringement of the right to respect for private life, are unfounded.

In reply to a question asked by the Court at the hearing, the interveners stated that that restriction was proposed only as an alternative, which has been noted by the Court.

If the first ground of challenge in the action for annulment at first instance were accepted, that would clearly make it unnecessary to consider the other pleas in that action, which were submitted in the alternative only.

Given though the review of classification requested by Mr Gevaert did not take effect until 5 October 1995, it should be based on a consideration of his special qualifications and professional experience on the date on which he was initially recruited.

Joint enterprises are only secondarily, and to be more precise, to the extent laid down by the Council of Ministers, subject to the regulations applying in each Member State to industrial and commercial concerns.

Also, that assertion was expressed, from the angle described above, only very much as a subsidiary point, since FIAMM and Fedon simply submitted that, if direct effect and the resulting status of a rule protecting individuals were not to be accepted in the case of the WTO agreements, they should be as regards decisions of the DSB.

It has already been observed that the power conferred on the courts to decide that an SE Is to be wound up can only be a residuai one, the power to decide Is to lie In the first place with the shareholders.

It stated that the making of the counterclaim could not be regarded as submission to the jurisdiction of the Italian courts, as that claim was only pleaded in the alternative in case the court held that it had jurisdiction.

The Rechtbank took the view, however, that the defendant had not forfeited its right to make an objection on the issue of jurisdiction, since it had submitted argument on the substance of the case only in the alternative, in the event that its objection on jurisdiction should be rejected.

In its written pleading, filed subsequently, it raised an objection of lack of international juris­diction and entered an appearance only in the alternative.

In delivering this judgment, the Supreme Court adapted the principle of the direct application of Community competition law in the Member States. Jurisdiction for its applicationis given to the national competition authorities and to the national law courts, but only onan accessory basis in the case of the latter.

In those circumstances, it is only in the alternative that the applicant seeks to show the innovative nature of its proposal.

In the meantime, it can also be advantageously provided according to an embodiment of the invention that the sewing saddle is provided with an adjustable and motor-driven stop which, in each machine cycle, can also adopt a different position on the sewing saddle by an automatic adjustment, it also being possible to use the adoption of this position only as an alternative in cooperation with the respective displacement path predetermined by the controller, also, if need be, only in a redundant manner.

In T 902/04 the board held that, since the opponent's request was allowed, there was no need to hold the oral proceedings which only the opponent had requested on a purely auxiliary basis.

Since the opponent's request was allowed, there was no need to hold the oral proceedings which only the opponent had requested on a purely auxiliary basis.