Betekenis van:
suspensory

suspensory
Zelfstandig naamwoord
    • a bandage of elastic fabric applied to uplift a dependant part (as the scrotum or a pendulous breast)

    Synoniemen

    Hyperoniemen


    Voorbeeldzinnen

    1. The agreement is subject to the suspensory condition that the Commission must approve such aid.
    2. Article 2 of the law providing for the aid measure contains a suspensory clause which makes the implementation of the aid conditional upon its approval by the Commission.
    3. Its Article 2 contains a suspensory clause which makes the implementation of the State aid measures contained in the Law conditional upon their approval by the Commission.
    4. The Commission notes, however, that through the suspensory conditions making the validity of the repayment agreement dependent on state aid approval by the Commission and the prompt transmission of comprehensive information Germany has expressed its readiness to cooperate.
    5. Article 254(3) of the Treaty provides that “ … decisions shall be notified [by the Commission] to those to whom they are addressed and shall take effect upon such notification.” Moreover, Article 242 of the Treaty provides that “actions brought before the Court of Justice shall not have suspensory effect.
    6. In this respect, Germany explained in its comments that the suspensory condition leaves the legal effectiveness of the adopted schemes open, but it conceded that the capital injection and the risk shield have together produced effects because only through these measures could BGB continue in business.
    7. In the cases provided for in Article 225(2) of the EC Treaty and in Article 140a(2) of the EAEC Treaty, without prejudice to Articles 242 and 243 of the EC Treaty, proposals for review and decisions to open the review procedure shall not have suspensory effect.
    8. As such, the appeals do not have suspensory effect and the order of 26 June 2003 did not suspend the description of the aid scheme as being incompatible. For the same reasons, Belgium's legitimate expectation regarding the compatibility of the scheme was infringed at the latest by Decision 2003/757/EC and Belgium knowingly restricted to 31 December 2005 the authorisation extensions granted on the basis of the order of 26 June 2003.
    9. In the decision to initiate the procedure, the Commission pointed out that the capital injection and the risk shield together should be treated as non‐notified aid, with the legal consequences of Article 13(2) of Regulation (EC) No 659/1999, since, in the detailed agreement, despite notification and the suspensory condition of aid authorisation, neither of the two measures can be suspended without attracting supervisory measures by the BAFin, such as a temporary closure of BGB.
    10. The Commission ought to reject any new investment and development plan submitted by Sernam/SNCF and France as Sernam/SNCF and Geodis deliberately contravene the provisions of the restructuring plan authorised by the Commission's decision and because they have agreed not to participate in any Commission investigation of this initial restructuring plan in the light of the suspensory clauses of the memorandum of understanding signed by SNCF and Geodis.
    11. The amount potentially concerned by automatic decommitment shall be reduced by the amounts that the certifying authority has not been able to declare to the Commission because of operations suspended by a legal proceeding or an administrative appeal having suspensory effect, on condition that the Member State sends the Commission information stating the reasons by 31 December of the second or third year following the year of the budget commitment pursuant to Article 93.
    12. The amount potentially concerned by automatic decommitment shall be reduced by the amounts that the certifying authority has not been able to declare to the Commission because of operations suspended by legal proceedings or an administrative appeal having suspensory effect, on condition that the Member State sends the Commission information stating the reasons by 31 December of the second year following the year of the budget commitment as laid down in Article 90.
    13. Since the potential aid had not been notified and had been effective since its implementation, the Commission also found that the decision to initiate the procedure added nothing to the suspensory effect of the third sentence of Article 88(3) of the EC Treaty with regard to Germany's obligation to refrain from putting the measure into effect until such time as the Commission has reached a final decision.
    14. The automatic cancellation procedure defined in paragraph 5 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeal having suspensory effects are ongoing at Member State level at the time of submission of the documents defined in paragraph 1. The Member State shall, in the partial final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every 6 months. Within 3 months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.