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10 Feb 2013, 5:01 pm
The representative expressed his surprise and said he had felt misled and that the refusal of the auxiliary requests was a matter for an “R-case”. [read post]
6 Mar 2012, 5:01 pm
For the same reasons, it has to be specified by the the party that raises it, such that its legal basis can be identified within the exhaustive list provided by A 112bis(2)(a)-(d) and R 104.This is well established in the case law; see inter alia R 4/08 [2.1], R 8/08 [1.2.3] and R 7/11 [2.1].[4] In the present case this condition has not been complied with.[4.1] As a matter of fact, it can be seen from the very wording of the petition for review… [read post]
23 Sep 2013, 5:01 pm
See, e.g., decision R 2/08 [8.2].[4.5] As regards this complaint, therefore, and whichever way the matter is looked at, even if the petition were not clearly inadmissible it is clearly unallowable.Complaint # 4 also concerned the non-admission of requests[5.1] In respect of this complaint the petitioner raised an objection under R 106 which corresponds to the objection now raised. [read post]
18 Sep 2010, 11:01 am
This decision has also some interesting paragraphs on partiality and the precise interpretation of A 112a and its implementing rule: R 104.[2.3.1] The petitioner contended at the OPs before the EBA that a fundamental violation of any general procedural principle may be a procedural defect “defined” in A 112a(2) (d) and its implementing rule R 104. [read post]
8 Dec 2013, 5:01 pm
The decision contains an interesting paragraph dealing with the emotional style of the petition, and possible consequences as to its admissibility.[4] It appears to the EBA that the petition was filed within two months of notification of the decision in question, that the petitioner was adversely affected thereby, that the prescribed fee has been paid in time, and that the petition complies with R 107(1)(b).[5] As regards R 106, the EBA notes that the petitioner argued, as regards… [read post]
1 Dec 2013, 5:01 pm
It had not been possible to interrupt the chairman of the Board when he announced the decision, which occurred immediately after the re-opening of the proceedings, after the final deliberation.This argument is not persuasive because a party that requests a BoA to take a decision in its favour has to participate actively in the proceedings (see R 4/08 (NB: this should read R 2/08) [9.10])First, the petitioner has admitted, during the OPs before the EBA, that it had not repeated its… [read post]
11 Nov 2012, 5:01 pm
The petitioner explains that it had relied on the admission of MEO2 to the proceedings, whereas the [opponent] argues that the petitioner could have requested a decision on that matter, which it had not done. [2] However, the [opponent] has qualified its statement at a later time in such a way that the dispute between the parties is in large part irrelevant. [read post]
29 May 2013, 5:01 pm
More importantly, however, the principle relied on in decision R 21/11, namely that the replacement of members of the BoA should not be ordered without good reason, is not merely a matter of procedural economy. [read post]
21 Feb 2013, 6:10 am
Under Section 13(r), Annual Reports on Form 10-K, Annual Reports on Form 20-F and Quarterly Reports on Form 10-Q filed pursuant to Exchange Act Section 13(a) must include disclosure of contracts, transactions and “dealings” with Iranian and other entities. [read post]
16 Oct 2015, 12:04 pm
Råsberg has worked at NHH for over two years as an attorney managing procurement matters. [read post]
27 Jan 2013, 5:01 pm
As a matter of fact this obligation is shaped by the circumstances of each case. [read post]
25 Aug 2011, 10:09 am
James Walsh (R-N.Y.). [read post]
2 Jan 2013, 5:01 pm
As a matter of fact, under R 106, a petition under A 112a(2)(c) is only admissible where an objection in respect of the procedural defect was raised during the appeal proceedings and dismissed by the BoA, except where such objection could not be raised during the appeal proceedings. [read post]
29 Sep 2013, 5:01 pm
It simply provides that decisions shall not be based on matters on which parties have not been heard or, to be precise, on which parties concerned have not had an opportunity to comment. [read post]
2 Jun 2009, 12:42 pm
Brendel’s dispute resolution practice has included major matters in various international venues and subject areas. [read post]
12 May 2010, 12:42 pm
The Montana Supreme Court has issued an Opinion in the following matter: DA 09-0408, 2010 MT 105, NAOMI R. [read post]
2 Aug 2011, 3:01 pm
As a matter of fact, this provision has undergone some change when the EPC 2000 entered into force. [read post]
19 Aug 2010, 2:26 pm
Fellow Citizens: Be On Guard - Paul R. [read post]
17 Feb 2010, 6:19 am
In the enforcement matter, FINRA found that during the period from January 2004 through December 2007, H&R Block engaged in sales of RCNs without having a system or procedures in place to effectively monitor customer accounts for potential over-concentrations in RCNs. [read post]
21 Sep 2010, 3:02 pm
The nature of the reasons is often only clear from the (written) reasons; as a matter of fact, there is no obligation to raise objections under R 106 in this case, because “such objection could not be raised during the appeal proceedings”. [read post]
