Traduction de «Absence an applicable rule » (Anglais → Français) :

19. Notes that the main types of quantifiable errors detected on project payments were the following: (a) accuracy: calculation errors; (b) occurrence: absence of invoices or other supporting documents for services rendered or goods supplied; (c) eligibility: expenditure incurred outside the implementation period or related to items not foreseen in the contract, undue payment of VAT or non-application of mandatory penalties; notes that the non-quantifiable errors mainly concerned noncompliance with ...[+++]applicable rules on bank guarantees and incorrect calculations of the reimbursement of advances from contractors; notes, however, the remark of the Commission which pointed out that all the errors in calculating the reimbursement of advances were rectified before the end of the contract; despite this, calls on the Commission to enhance ex-ante controls to prevent this type of error and possible losses due to non-compliance with the bank guarantee rules;

3a. In the absence of EU rules applicable to ESMA, the investigation shall take place in conformity with the internal rules of the territory where it is held.

any reference to nationality shall refer to the territorial unit designated by the law of that State, or, in the absence of relevant rules, to the territorial unit chosen by the parties or, in absence of choice, to the territorial unit with which the spouse or spouses has or have the closest connection.

In the absence of relevant rules of Community law, content, applications and services are deemed lawful or harmful in accordance with national substantive and procedural law.

C. whereas Article 85 of the EC Treaty requires the Commission to ensure application of the principles laid down in Articles 81 and 82 of the Treaty concerning competition law; whereas the Treaty provides for other legal bases that can contribute to the effectiveness of those principles, such as Article 65, which enables the European Union to eliminate obstacles to the good functioning of proceedings in civil matters having cross-border implications; and whereas as the Court of Justice considers that, in the absence of Community rules ...[+++] governing the right of victims to claim damages before the national courts, it is for the domestic legal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive directly from Community law, provided that such rules are not less favourable than those governing similar domestic actions (principle of equivalence), and provided that they do not render practically impossible or excessively difficult the exercise of rights conferred by Community law (principle of effectiveness),

E. whereas Article 85 of the EC Treaty requires the Commission to ensure application of the principles laid down in Articles 81 and 82 of the Treaty concerning competition law; whereas the Treaty provides for other legal bases that can contribute to the effectiveness of those principles, such as Articles 65, 83, 95, 153 and 308; and whereas as the Court of Justice considers that, in the absence of Community rules governing the right of victims to claim damages before the national courts, it is for the domestic l ...[+++]egal system of each Member State to designate the courts and tribunals having jurisdiction and to lay down detailed procedural rules governing actions for safeguarding rights which individuals derive directly from Community law, provided that such rules are not less favourable than those governing similar domestic actions (in accordance with the principle of equivalence), and provided that they do not render practically impossible or excessively difficult the exercise of rights conferred by Community law (in accordance with the principle of effectiveness),