Introduction. Small and scattered damage is a form of large-scale damage in which the individual damage is so minor that a cost-benefit analysis shows that it is not worth redressing this damage individually, but where the cumulative collective damage nonetheless represents a considerable interest. In practice, aggrieved parties generally do not (or barely) seek redress for small and scattered damage and this can lead to a wrongful advantage for the party causing the damage. The current debate at a Dutch and European level on the possibilities for redressing large-scale damage collectively also touches upon the possibilities to act against small and scattered damage. This has given the Ministry of Economic Affairs cause to commission a study into the following questions:
1. What is the current volume of small and scattered damage, what examples exist in practice and whether, and if yes, how, has it been attempted to redress this damage?
2. In what manner can buyers effectively and efficiently enforce their rights? In this report we present our investigation into these questions. In order to somewhat delineate the scope of the study we have limited our topic to small and scattered damage resulting from violations of consumer or competition rules. To answer the first question this report uses qualitative information in an attempt to provide insight into the extent of the problem and more in particular into the question whether the existence of small and scattered damage is experienced as a problem by the organisations, authorities and persons involved. To answer the second question we have taken stock of the possibilities for acting more effectively against small and scattered damage.
Introduction. This agreement constitutes an accord between the Minister of Infrastructure and Water Management (hereafter ‘the Minister’) and The Ocean Cleanup, comprising Stichting The Ocean Cleanup and The Ocean Cleanup Projects B.V. (hereinafter together ‘The Ocean Cleanup’). The objective of The Ocean Cleanup is to use technology that it has developed itself, consisting of multiple floating systems, to significantly clean up the plastic currently floating in the upper surface layer of the oceans. The Ocean Cleanup plans to eventually deploy such systems in the five subtropical circulating ocean currents or ‘gyres’, since plastic tends to gather in those areas due to the influence of wind and water currents. The system that The Ocean Cleanup has developed to capture plastic is unique. The Netherlands, where The Ocean Cleanup has its statutory seat, currently has no applicable regulatory or other made-to-measure legal framework applicable to such a system. However, the objectives pursued by The Ocean Cleanup are such that the Minister wishes to facilitate and support the activities in question as much as possible. Since it is desirable for The Ocean Cleanup and the Minister to conclude a number of arrangements regarding matters such as the safety of shipping, the marine environment, and other uses of the high seas, this agreement was drawn up, by analogy to the options presented under article 238 et seq. of the UN Convention on the Law of the Sea (UNCLOS)7 on marine scientific research. This agreement provides for the possibility of accession to it by third parties if the third party is (i) the owner of a system developed by The Ocean Cleanup, (ii) affiliated to The Ocean Cleanup, and (iii) a legal entity under Dutch law (article 6.8 of this agreement). For each such accession, an accession agreement will be appended as an annex to this agreement and published in the Government Gazette (Staatscourant).
Introduction. 1.1. Vous voulez utiliser nos services Hyundai Bluelink Europe (« Bluelink » ou « services ») ? Veuillez alors lire les conditions suivantes d’Hyundai Bluelink Europe (« conditions » ou « conditions d’utilisation »). Les présentes conditions s’appliquent à chaque fois que vous utilisez les services dans l’application Bluelink et dans le système d’infodivertissement du véhicule. Vous pouvez trouver la dernière version de ces conditions à tout moment dans le menu de l’application Bluelink et dans le menu du système d’infodivertissement (c’est-à-dire l’unité principale de votre véhicule) des services.
1.2. Nous sommes Korean Motor Company Belgium. Notre siège social est : Xxxxxxxxxx 000, 0000 Xxxxxxx. Nous sommes votre partenaire contractuel en ce qui concerne la fourniture des services.
1.3. Vous avez des questions ? Si oui, veuillez nous les communiquer soit par téléphone au : +00 0 000 00 00, soit par e-mail à : xxxxxxxx@xxxxxxx-xxxxxx.xxx.
Introduction a preliminary assessment of the complaint concerning the alleged cross-subsidisation and the 2004 capital injection is set out below. Concerning the complaint that cross-subsidisation has occurred between the public service activities and the commercial activities of aS Oslo Sporveier, aS Sporveisbussene, arctic Express aS and Sporveisbussenes Turbiler aS, the authority understands the allegation to be that compensation for the provision of the local scheduled transport service has subsidised the commercial activities carried out by the Oslo Sporveier Group.
Introduction. If the transaction was carried out in accordance with the market economy investor principle, i.e. if the municipality sold the land for its market value and the conditions of the transaction would have been acceptable for a private seller, the transaction would not involve the grant of State aid. In the following the Authority will assess whether the municipality of Asker has granted illegal State aid to Asker Brygge in connection with the sale of the plot of land gbnr 32/17. The sale of land could qualify as State aid if the sale was not carried out at market price. As a point of departure, the assessment of whether a property has been sold at market value should be assessed at the time of the conclusion of the contract. The circumstances of this sale of land are somewhat particular in the sense that there exists several agreements concerning the sale: An option agreement from 2001, an extended option agreement from 2004 and a sales agreement from 2007. The option agreement not only gave Asker Brygge a right to acquire the property at any given time over the years to come but also fixed the price for a later transfer. The option thereby entailed a possibility for Asker Brygge to observe the development of property prices over a number of years, thereafter to take up the option to buy the property for the price agreed in 2001. While the Authority fully recognises the right for public authorities also to operate in a market on commercial terms, it nevertheless finds reason to consider carefully whether a similar agreement would have been concluded by a private market operator. The Authority will in that regard consider whether Asker Brygge paid for the option as such, and whether the favourable conditions for the buyer appear to be balanced by corresponding obligations for the buyer or rights for the seller. If the option agreement as such cannot be said to comply with the private market investor principle, the Authority will assess whether the property was transferred at market value when the sales agreement was concluded in 2007. Thus, the Authority will in the following firstly assess the option agreement of 2001 (and the extension signed in 2004) and, secondly, whether the actual sale of land in 2007 was accomplished at market price.
Introduction. 1.1. These General Terms and Conditions apply to the Account Opening Agreement entered into between the Client and Banco Privado Atlântico – Europa, S.A., with offices at Xxxxxxx xx Xxxxxxxxx, x.x 000, 0000-000 Xxxxxx, (hereafter referred to as the “Bank”). Banco Privado Atlântico – Europa, S.A. is a credit institution incorporated in accordance with Portuguese law, with registered office at Xxxxxxx xx Xxxxxxxxx xx. 000, 0000-000 Xxxxxx, Xxxxxxxx, registered with the Commercial Registry Office of Lisbon under the tax and registration identification number 508 903 009.
1.2. Under these General Terms and Conditions, the following expressions will have the meanings given below whenever they begin with capital letters:
a) Account: the master agreement for account opening signed between the Client and the Bank, to which several accounts may be associated, such as demand and term deposit accounts / current and fixed deposit accounts, as well as certain services that may be eventually established between the Bank and the Client;
b) Holder/Client: the person/people identified in the Account Opening Form, the original account holder, and the rights and obligations derived from the Account, as granted by the Bank.
1.3. The Account Opening Agreement is considered as signed when the Client provides the Bank with a duly signed document of adherence to these General Terms and Conditions for Account Opening, as well as the (Account Opening Form) (Account Application Form), and all other legally required documents and information, which must be duly completed and signed. The opening of the Account depends on the Bank’s express approval, which will be conveyed to the Client.
1.4. The Bank is a credit institution incorporated in Portugal with registered office at Xxxxxxx xx Xxxxxxxxx xx. 000, 0000-000 Xxxxxx, registered with the Commercial Registry Office of Lisbon under the tax and registration identification number 508 903 009. The Bank is subject to supervision from the Bank of Portugal and the Portuguese Securities and Exchange Commission (“CMVM” in Portuguese). The Bank is registered with the Bank of Portugal under number 189 and with the CMVM under number 343.
Introduction. The Icelandic authorities intend to provide, under the Regional Aid Guidelines, ad hoc aid to Verne Holdings ehf., for the construction of a data centre in a region eligible for regional aid pursuant to Article 61(3)(c) of the EEA Agreement in order to promote regional development.
Introduction. Throughout the years, the Municipality has provided TS with loans, guarantees and other measures that may potentially involve state aid. The following measures are at stake in the present decision.
Introduction meta-analysis of published data has shown that the feeding of spray-dried porcine plasma (SDPP) improves average daily gain (ADG) and average daily feed intake (ADFI) in weanling piglets (Van Dijk et al. 2001). In two experiments, less diarrhoea was found in piglets fed SDPP during the first two weeks after weaning (Gatnau 1990, Van der Peet-Xxxxxxxxx and Binnendijk 1995). However, most of the experiments used in the meta-analysis were conducted under Northern American conditions, which could interfere with extrapolation to the situation in Northern Europe. European weanling diets differ from those used in the US in that the main starch source is wheat, barley or tapioca instead of corn; soybean meal is included in smaller quantities; their composition is based on the amount of apparent ileal digestible, first limiting essential amino acid instead of total amino acids and that they contain less antibiotics and zinc oxide. Moreover, the weaning age of piglets in Europe is generally higher than that in the US and there might be differences in hygiene status. The effect of SDPP on ADG and ADFI depends on various factors such as weaning age, background composition of the weanling diet and hygiene status (Xxx Xxxx et al. 2001). Thus, the quantitative effect of SDPP may differ between management and feeding conditions. Milk proteins are generally considered to have beneficial effects on piglets’ performance (Xxxxxx et al. 1995). It could thus be suggested that in the presence of whey protein no further influence of SDPP would be seen. The use of SDPP in diets for weanling piglets is limited by its high price in comparison with other protein sources. Dietary SDPP has clear effects at low inclusion percentages (Xxx Xxxx et al. 2001) and thus only 3% was added to the experimental diets used in the present experiments. Blood leukocyte counts and globulin analyses can give an indication of the health status of pigs (Xxxxx and XxXxxxxxx 1977, Xxxxxx et al. 1991). Two experiments were conducted to evaluate the effect of SDPP. The objectives were to determine whether SDPP has positive effects on post-weaning piglet performance and health status under typical Northern European conditions and to study the effect of dietary SDPP in the presence or absence of a high level of dietary whey protein. Hundred sixty weanling piglets (F2 cross-bred: GY x [Finnish X Dutch Landrace]) from the closed herd of the research station ‘Laverdonk’ (Veghel, The Netherlands) were used. The fe...
Introduction. Article 61(1) of the EEA Agreement reads as follows: First, it must be noted that, as a general rule, the tax system of an EFTA State is not covered by the EEA Agreement. It must be understood that it is for each EFTA State to design and apply a tax system according to its own choices of policy. However, application of a tax measure, such as the input tax compensation provided for in Article 3 of the VAT Compensation Act, may have consequences that would bring it within the scope of Article 61(1) of the EEA Agreement. According to the case-law (2), Article 61(1) does not distinguish between measures of State intervention by reference to their causes or aims but defines them in relation to their effects. Second, the question as to whether the measure at issue constitutes State aid arises only in so far as it concerns an economic activity (3), that is, an activity consisting of offering goods and services on a given market (4). A measure constitutes State aid only if it benefits an undertaking, a concept that, for the purposes of application of the rules on competition, encompasses, according to settled case-law, ‘every entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed’ (5).
(1) Page 3 of the letter from the Norwegian Ministry of Finance dated 30 November 2005.
(2) Case E-6/98 The Government of Norway v EFTA Surveillance Authority [1999] EFTA Court Report, page 76, paragraph 34; Joined Cases E-5/04, E-6/04 and E-7/04 Fesil and Finnfjord, Pil and others and The Kingdom of Norway v EFTA Surveillance Authority [2005] Report of the EFTA Court, page 121, paragraph 76; Case 173/73 Italy v Commission [1974] ECR 709, paragraph 13; and Case C-241/94 France v Commission [1996] ECR I-4551, paragraph 20.
(3) The Authority would like to refer to the decision of the European Commission on case N630/2003, local museums in the region of Sardinia. In this decision, the Commission considered that the measures foreseen by the notified scheme were to support museum activities to be undertaken by natural and non-profit institutions and of such a scale that they could be considered as not being economic activities.
(4) Joined cases C-180/98 to C-184/98 Xxxxxx and others [2000] ECR I-6451, paragraph 75.
(5) Case C-41/90 Xxxxxx and Xxxxx [1991] ECR I-1979, paragraph 21. Third, aid may be granted to public undertakings as well as to private undertakings (1). A public underta- king, in order to be regarded as reci...