Traduction de «fail » (Anglais → Français) :

The powers of resolution authorities should also apply to holding companies where both the holding company is failing or likely to fail and a subsidiary institution, whether in the Union or in a third country, is failing or likely to fail.

In particular, the applicant states that the Commission: (a) failed to seek and/or obtain the underlying evidence for the allegations; (b) failed to ensure the statement of reasons was coterminous with the reason relied upon by the United Nations Sanctions Committee and failed to seek and/or obtain sufficient detail of the allegations such as to permit the applicant to answer such effectively; (c) failed to assess whether any of the allegations are based upon material tainted by torture; and (d) failed to seek and/or obtain any relevant exculpatory material.

Pleas in law: Infringement of Rule 50 of Commission Regulation No 2868/95 and Article 76(2) of Council Regulation No 207/2009, as the Board of Appeal: (i) based its reasoning and decision on a fact that was not alleged or submitted by the parties, nor referred to in the contested decision, namely that the contested sign will primarily or exclusively be perceived as ‘ULTRA’ with a rounded figurative element; (ii) failed to address important arguments and evidence submitted by the applicant, regarding conceptual similarity, failed to compare correctly the signs with regard to their overall impression, and failed accordingly to apply the g ...[+++]lobal comparison rule, as defined by the Court of Justice; (iii) failed to proceed to an evaluation of likelihood of confusion based on the sole facts that were placed before it; and (iv) failed to take into account in a legally sustainable manner the interdependence of relevant global factors, in particular, the identity or similarity of the goods and services, and the similarity between the signs.

It is therefore considered that GT Enterprise failed to meet the first and second criteria for MET, Jintian Industrial (Nanjing) Ltd failed to meet criterion two and three, Golden Time Chemical (Jiangsu) Ltd failed to meet criteria one and two and three for MET and Nanjing Jinzhang Industrial Ltd failed to meet criteria one, two and three.

(25)The powers of resolution authorities should also apply to holding companies where both the holding company is failing or likely to fail and a subsidiary institution is failing or likely to fail.

The same shall apply where, through serious misconduct, he/she fails to draw up a document establishing an amount receivable or if he/she fails to issue a recovery order or is, without justification, late in issuing it, or if he/she fails to issue a payment order or is late in issuing it, thereby rendering the agency liable to civil action by third parties.