Übersetzung für "Feststellung des sachverhalts" in Englisch

These inherent difficultiesare particularly acute where SMEs operate in markets characterized by thepredominance of large companies, which may give rise to predatory behaviour. ]For these various reasons, it is clearly in the interest of SMEs thatcompetition policy is applied as consistently and effectively as possible, bothin the area of State aids and of the antitrust rules.

The arbitration panel shall deliver an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes.

A State Party which has taken the measures referred to in paragraph 1 of this article shall immediately carry out a preliminary inquiry or investigations to establish the facts.

In accordance with Article 9(4) of the basic Regulation, an anti-dumping duty shall be imposed when it was finally established that there is dumping and injury caused thereby, and that the Community interest calls for intervention.

The amount of the injurious pricing charge shall be equal to the margin of injurious pricing established.

Following the adoption of provisional measures, the Commission undertook to verify more in depth the information (including the most recent data) supplied by the Union producers for the purpose of the final determination.

In order to obtain the most recent information for its final determination, on 7 September 2018 the Commission requested the associations of Union producers to submit an updated set of data on the product categories under investigation.

This could, however, in certain cases make the establishment of facts almost impossible.

At this stage, the European Public Prosecutor would conduct the investigations needed to ascertain the truth, gathering all evidence that will help to prepare the case.

Where a Member State becomes aware of operations which constitute, or appear to constitute, non-compliance with the rules of the Common Fisheries Policy, in particular serious infringements referred to in Article 90(1) of the Control Regulation, and which are of particular relevance at Union level, it shall communicate to the Commission or the body designated by it as soon as possible any relevant information needed to determine the facts.

Where the facts as finally established show that the conditions set out in Article 2 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 4.

Where the facts as finally established show that the conditions set out in Article 2 are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with the examination procedure referred to in Article 4 of this Annex.

Where the facts as finally established show the existence of countervailable subsidies and injury caused thereby, and the Community interest calls for intervention in accordance with Article 31, a definitive countervailing duty shall be imposed by the Council, acting on a proposal submitted by the Commission after consultation of the Advisory Committee.

For establishing facts, those reports shall be treated on the same basis as inspection and surveillance reports of their own inspectors.

Where a Member State becomes aware of operations which constitute, or appear to constitute, IUU fishing or serious infringements referred to in Article 42(1)(b) and (c) of Regulation (EC) No 1005/2008 and which are of particular relevance at Community level, it shall communicate to the Commission as soon as possible any relevant information needed to determine the facts.

In that respect, they point out that there is no dispute that the present case is of a well-known kind and, in accordance with the well-established principles of legal literature and of case-law, well-known facts need not be demonstrated on the basis of evidence; such evidence is only necessary in the case of situations where there is doubt or uncertainty regarding the establishment of facts.

It shall, if necessary for the establishment of the elements to be certified, hear any person involved and any executor or administrator and make public announcements aimed at giving other possible beneficiaries the opportunity to invoke their rights.

For the purpose of establishing facts, Member States shall give the same value to inspection reports drawn up by Community inspectors, Commission inspectors and inspectors of another Member State as they give to their own inspection reports.

As regards the contents of the proposal, respect for the subsidiarity principle is further ensured y recognition of the role of national courts in establishing the facts and ascertaining whether actions pursue objectives that constitute a legitimate interest, are suitable for attaining these objectives, and do not go beyond what is necessary to attain them.

The Court therefore confirms that the General Court, in the exercise of its exclusive jurisdiction to determine and assess the facts, concluded correctly that the Commission had not made a manifest error in the assessment of the recurrent nature of the deficiencies and that it was fully entitled to increase the financial correction rate from 10% to 15%.

As the Commission points out, however, it was for the Court of First Instance, whatever the seriousness of the facts, to determine what was the most appropriate reparation of the resulting damage.