The proceedings in appeal from decree shall be subject, as appropriate, to the provisions applying to the appeal from judgment, except for the rules on the replication and the hearing before the court of second instance.

(2) A request for protection of legality may be lodged by a public prosecutor ex officio, or at the initiative of a person who has the right to appeal against a misdemeanour judgement issued by a court in the first instance.

65 Start-up situations include instances where financial commitments for product development or construction of facilities to manufacture products benefiting from the subsidy have been made, even though production has not begun.

On the other hand, there can also be instances where the imported goods maintain their identity but form such a minor element in the goods sold in the country of importation that the use of this valuation method would be unjustified.

(2) Jurisdiction for adjudication on requests for judicial protection shall be vested in the locally competent court in the first instance which covers the region where the head office of the misdemeanour authority which issued the decision is based.

The voting rights of members of the Council representing Member States with a derogation shall be suspended for the adoption by the Council of the measures referred to in the Articles listed in paragraph 2, and in the following instances:

healthy way of food preparation (physical and heat-treatment which preserves the amount and quality of protective substances and does not use additional fats, sugar and table salt, or uses them in the smallest possible manner, for instance:

A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions.

The administrative unit in whose area the real estate that is the subject of the building permit is located shall be the relevant administrative body for construction matters that issues building permits for works not of national importance in the first instance.

The Supreme Court shall annul the ruling of the court of first instance with a resolution and return the case for retrial if it believes that new facts must be established and new evidence taken in order to establish the correct facts of the case.

"A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions…"

The voting rights of the United Kingdom shall be suspended for the adoption by the Council of the measures referred to in the Articles listed in Article 4 and in the instances referred to in the first subparagraph of Article III-197(4) of the Constitution.

the figure shown on the sign shall express this speed in the unit of measurement most commonly used to express the speed of vehicles in the country concerned. After the figure specifying the speed may to be added, for instance, "Km" (Kilometres) or "m" (Miles).

The partners shall therefore, within the framework of our possibilities and competence, strive for the adoption of such legislation, which shall be clear, understandable and unambiguous, and which shall not provoke any instances of conflict when implemented in practice.

In the event of the subject of a partnership including the performance of a commercial public service, the act regulating commercial public services shall be applied directly (for instance unilateral encroachments on the relationship, withdrawal of concession and so forth).

If a party has been fully exempt from payment of the costs of proceedings (second paragraph of Article 168), it may move with the court of first instance to decide that they be represented by an attorney, when such representation is necessary for protection of their rights.

In the event of the subject of a works concession being the performance of a commercial public service, the act regulating commercial public services shall be applied directly (for instance unilateral encroachments on the relationship, withdrawal of concession and so forth).

The process of risk assessment may on the one hand give rise to a need for further information about specific subjects, which may be identified and requested during the assessment process, while on the other hand information on other subjects may not be relevant in some instances.

In the case of staff members who, as a result of special instructions, occasionally incur entertainment expenses for official purposes, the amount of the entertainment allowance shall be determined in each instance on the basis of supporting documents and on terms to be laid down by the AACC.

(3) The opening of bids or other applications for selection a public-private partnership contractor shall be public, unless for reasons of protecting commercial (for instance in competitive dialogue) secrets or official, military or state secrets the public partner determines that the procedure of opening bids should not be public.

in another manner in comparative terms legally and actually similar and comparable to the aforementioned forms,and through the transfer of the exercising of rights and obligations proceeding from the public-private partnership to such person (for instance performing commercial public services).

in another manner in comparative terms legally and actually similar and comparable to the aforementioned forms, and through the transfer of the exercising of rights and obligations proceeding from the public-private partnership to such person (for instance performing commercial public services).

if concessions for performing commercial public services were awarded to them without public tender, and there was no basis for such direct awarding in the regulation on the manner of performing the commercial public service upon awarding (for instance a provision in the decision whereby the concession is awarded without public tender), or

(2) Where in view of the nature of the public-private partner relationship (for instance a works concession) notice of the tender in the official journal of the EU is obligatory, the public partner may not give notice of the public tender in another appropriate medium specific to the given subject of the public-private partnership (for instance the daily or specialised press) prior to submitting the public tender for publication in the official journal of the EU, and not with a greater amount of information than that contained in the notice in the official journal of the EU, in compliance with Article 82 of this Act.

(4) The higher court shall grant the appeal and issue an order repealing the judgement issued by the court in the first instance, or repeal the judgement ex officio and return the case for retrial, if it finds that a substantial violation has been committed of the provisions governing misdemeanour proceedings, except for the cases specified in paragraphs 5 and 7 of this article, or if it finds that, due to a mistake in the finding of facts or incomplete finding of facts, the court in the first instance must supplement the proceedings or institute new proceedings and adopt a new decision on the issue.

(2) An appeal against other decisions passed by the court in the first instance shall be permitted only if the court imposed a fine higher than the minimum fine prescribed for the misdemeanour, secondary sanction or deprivation of a pecuniary advantage, or if the court passed a decision on a property claim.

In executing a Letter of Request the requested authority shall apply the appropriate measures of compulsion in the instances and to the same extent as are provided by its internal law for the execution of orders issued by the authorities of its own country or of requests made by parties in internal proceedings.

The independent trade expert shall take the necessary decisions to ensure an expeditious settlement of the dispute by the panel, for instance, whether the facts of the case require the panelists to meet and, if so, where such a meeting shall take place, taking into account the site of the inspection in question;

(3) If the higher court repeals the misdemeanour judgement issued by the court in the first instance due to substantial violations of the provisions governing misdemeanour proceedings, the grounds for the decision must include a specification of which provisions have been violated and the nature of an individual violation.

In procedures of obtaining public procurement orders and orders in the water, energy, transport and postal sectors the public-private partnership contractor shall have the same status as other bidders, unless the law (for instance additional orders) or a legal resource of European law provides a privileged position in this.

The provisions of the fourth paragraph of Article 14 of the ZKZ shall not apply to the issue of building permits or standard permits for construction whose procedures were commenced prior to the entry into force of this act and on which no ruling has been made by such date by the relevant construction body in the first instance.

(4) Matters which, under the provisions of the iaw were regulated before the entry into force of this Law and were to be adjudicated on by the Supreme Court in administrative disputes, shall lie within the competence of a court of first instance from 1 January 1998, unless matters specified in Article 10 of this Law are involved.

(b) shall not normally be disposed of in the receiving State by way of either sale or gift; however, in particular cases such disposal may be authorized on conditions imposed by the authorities concerned of the receiving State (for instance, on payment of duty and tax and compliance with the requirements of the controls of trade and exchange).

Should it become apparent during the first instance proceedings, that the regular procedure for appointment of a statutory representative to the defendant would be too lengthy and capable of causing detrimental consequences to one or both parties, the court shall appoint to the defendant, upon a motion by the plaintiff, a representative ad litem.

(5) If a substantial violation has been committed of the provisions governing misdemeanour proceedings referred to in points 6 and 8 of paragraph 1 of Article 155 of this Act, the misdemeanour judgement issued by the court in the first instance may not be repealed, if the repeal for this reason would be to the detriment of the accused person only.

The Conference notes that Article III-167(2)(c) shall be interpreted in accordance with the existing case law of the Court of Justice of the European Communities and of the Court of First Instance regarding the applicability of the provisions to aid granted to certain areas of the Federal Republic of Germany affected by the former division of Germany.

The terms "such measures are required in order to compensate for the economic disadvantages caused by the division of Germany to the economy of certain areas of the Federal Republic affected by that division" shall be interpreted in accordance with the existing case law of the Court of Justice of the European Communities and of the Court of First Instance.

(2) The provision of the first paragraph of this article may also apply mutatis mutandis in cases where upon entry into force of the act, the commercial public service is performed in a manner not envisaged by the act (for instance temporary contracts, contracts on the operation of infrastructure, contracts on the operation of municipal services and so forth).

The General Court shall have jurisdiction to hear and determine at first instance actions or proceedings referred to in Articles III-365, III-367, III-370, III-372 and III-374, with the exception of those assigned to a specialised court set up under Article III-359 and those reserved in the Statute of the Court of Justice of the European Union for the Court of Justice.

The court competent to decide upon the petition for protection of legality shall also act pursuant to the provision of the first paragraph of Article 379 of the present Act when finding that any of the severe violations of civil procedure provisions referred to in the first paragraph of article 339 has been committed in the proceedings before the court of first instance.

4 Each Party shall adopt such legislative or other measures as may be necessary to guarantee compensation for victims in accordance with the conditions under its internal law, for instance through the establishment of a fund for victim compensation or measures or programmes aimed at social assistance and social integration of victims, which could be funded by the assets resulting from the application of measures provided in Article 23.

In the event of suspected or proven failure by a beneficiary to respect obligations in relation to the Programme as well as attempts to secure from the SAPARD Agency payments for which there is no entitlement, the Republic of Slovenia will pursue all such failures and attempts under national legal procedures in a manner no less rigorous than in instances involving national public funds.

a. If a Member considers that the measures of liberalisation taken or maintained by another Member, in accordance with Article 2(a), are frustrated by internal arrangements likely to restrict the possibility of effecting transactions or transfers, and if it considers itself prejudiced by such arrangements, for instance because of their discriminatory effect, it may refer to the Organisation.

The case law of the Court of Justice of the European Communities and of the Court of First Instance on the interpretation and application of the treaties and acts repealed by Article IV-437, as well as of the acts and conventions adopted for their application, shall remain, mutatis mutandis, the source of interpretation of Union law and in particular of the comparable provisions of the Constitution.

F. Where international standards exist or their completion is imminent, the standardizing body shall use them, or the relevant parts of them, as a basis for the standards it develops, except where such international standards or relevant parts would be ineffective or inappropriate, for instance, because of an insufficient level of protection or fundamental climatic or geographical factors or fundamental technological problems.

If a case has not been ruled on in the first instance in a procedure for issuing a location permit, a building permit or a standard permit for construction that commenced prior to the entry into force of this act, such a procedure may continue as a procedure for issuing a building permit pursuant to the provisions of this act if the investor so requests and appends a project for acquiring the building permit formulated in accordance with the provisions of this act to the request.

States Parties shall also take all appropriate measures to prevent all forms of exploitation, violence and abuse by ensuring, inter alia, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including through the provision of information and education on how to avoid, recognize and report instances of exploitation, violence and abuse.

The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the authority which each Contracting Party shall designate for this purpose and shall make known to the other Contracting Parties, the EFTA Surveillance Authority, the EC Commission, the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the EFTA Court.

mindful of the importance of precautionary measures and prevention in avoiding oil pollution in the first instance, and the need for strict application of existing international instruments dealing with maritime safety and marine pollution prevention, particularly in the International Convention for the Safety of Life at Sea, 1974, as amended, and also the speedy development of enhanced standards for the design, operation and maintenance of ships carrying oil, and offshore units,

2.4 Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued, for instance because of fundamental climatic or geographical factors or fundamental technological problems.