- if the decision has violated a substantive provision of this Act or the regulation governing the misdemeanour;

A violation of substantive law shall occur when the court has failed to apply the provisions of substantive law which should have been applied or has applied them erroneously.

due to a violation of the substantive provisions of this Act or regulation governing the misdemeanour;

(3) The provisions of Part One of this Act (substantive law provisions) shall apply to all misdemeanours pursuant to the regulations under the preceding paragraph.

on finding that determination of the state of facts is correct but that provisions of substantive law have been violated in the proceedings of first instance.

A violation of the substantive provisions of this Act or regulation governing the misdemeanour shall be deemed to have been committed if the violation is associated with the following questions:

The decision shall expound the substantive findings, the applicability of the relevant provisions of this Agreement, and the reasoning underpinning the findings and conclusions reached by the arbitration panel.

(2) In the grounds for the decision the higher court shall assess all indications in the appeal and the indications of violations of the substantive provisions of this Act or regulation governing the misdemeanour which it observed ex officio.

(2) If after a misdemeanour has been committed the substantive law provisions of this Act or the regulation which governs the misdemeanour are amended once or more times, the Act or regulation which is more lenient for the perpetrator shall apply.

The statement of ground shall consist only of a brief description of factual considerations and the indication of provisions of the substantive and procedural law which have been applied in determination of the case (third paragraph of Article 324),

Having regard to the Convention on Cybercrime, which provides for modern and flexible means of international co-operation and convinced of the need to harmonise substantive law provisions concerning the fight against racist and xenophobic propaganda;

1 The commencement of arbitration proceedings shall have the same effect, as regards the interruption of periods of limitation, as that attributed by the applicable provisions of substantive law to the institution of an action in the ordinary courts or tribunals.

The judgment and the decree by which a small claim procedure has been concluded may be appealed against only on the ground of severe violation of civil procedure provisions referred to in the second paragraph of Article 339 of the present Act and of violation of substantive law.

have access to a review procedure before a court of law and/or another independent and impartial body established by law, to challenge the substantive and procedural legality of any decision, act or omission subject to the provisions of article 6 and, where so provided for under national law and without prejudice to paragraph 3 below, of other relevant provisions of this Convention.

Without prejudice to the provision of the above paragraph, the panel of the court of second instance shall set aside the judgment and/or of the court of first instance and remand the case for rehearing when it establishes that the due to violation of substantive law the determination of state of facts is erroneous and/or incomplete.

An appeal due to a mistake in the finding of facts or incomplete finding of facts, or due to a violation of the substantive provisions of this Act or regulation governing the misdemeanour, lodged to the benefit of the accused person, shall also comprise an appeal against the decision on sanctions and deprivation of pecuniary advantage.

The higher court shall test the part of the misdemeanour judgement which is challenged by the appeal, but it must also test, ex officio, whether a substantial violation has been committed of the provisions of misdemeanour proceedings referred to in points 1, 5, 6, 7 and 8 of paragraph1 of Article 155, and whether the substantive provisions of the Act or regulation governing the misdemeanour have been violated to the detriment of the accused person (Article 156 of this Act).

The court of second instance shall examine the judgment of the court of first instance within limits of reasons stated in the appeal; in doing so, it shall always be bound by virtue of office to inquire into severe violations of civil procedure provisions referred to in clauses 1, 2, 6, 7, 8, 11, 12 and 14 of the second paragraph of Article 339 of the present Act, and examine the correctness of application of the substantive law.

The summons to the main hearing shall inter alia include the advise to following effect: on that the plaintiff who fails to appear at the main hearing will deem to have relinquished the claim; that a small claims procedure is not subject to provisions governing the stay of proceedings; that the parties are bound to present all facts and evidence in the pleading referred to in Article 451 of the present Act; and that the decision may be contested only on the ground of severe violation of civil procedure provisions and violation of substantive law.

The Parties agree that their respective trade and customs legislation, provisions and procedures shall draw on international instruments and standards applicable in the fields of customs and trade, in particular the substantive elements of the International Convention on the Simplification and Harmonisation of Customs Procedures, concluded at Kyoto on 18 May 1973 and revised at Brussels on 26 June 1999 (the 'revised Kyoto Convention'), the WCO Framework of Standards to Secure and Facilitate Global Trade, the WCO data set and the International Convention on the Harmonised Commodity Description and Coding System (HS).

The provision contained in the first article should be understood as a fundamental provision where the principle of truthfulness is comparable to the principle of substantive truth in criminal law.

If a Member State notes, on the basis of a substantive justification, that one or more aerosol dispensers, although complying with the requirements of the Directive, represent a hazard to safety or health, it may provisionally prohibit the sale of the dispenser or dispensers in its territory or subject it or them to special conditions.

The substantive provisions of this Regulation on design law should be aligned with the respective provisions in Directive 98/71/EC.

An amending act shall not contain autonomous substantive provisions which are not inserted in the act to be amended.

enables the substantive amendments and new recitals to be clearly distinguished from the provisions and recitals which remain unchanged;

On a secondary level, the proposal shall include the codification of the unchanged provisions of the earlier act with those substantive amendments.

'unchanged provision' shall mean any provision of the earlier act which, although it may be affected by purely formal or editorial changes, has not undergone any substantive amendment.

A new legal act shall not constitute a recast act if, with the exception of standardised provisions or wordings, it makes substantive amendments to all the provisions of the earlier act, which it replaces and repeals.

the Member State shall without delay inform the Commission of its decision to grant an exemption or a derogation from the relevant provisions of Articles 4 and 5 giving substantive reasons therefor,

The parties agree that the choice made by the data subject will not prejudice his substantive or procedural rights to seek remedies in accordance with other provisions of national or international law.

Recasting shall consist in the adoption of a new legal act which incorporates in a single text both the substantive amendments which it makes to an earlier act and the unchanged provisions of that act.

the article relating to the obligation to transpose (3) into national law a recast Directive shall refer only to those provisions which have undergone substantive amendment and which have been precisely identified as such.

The cooperating exporting producer claimed that it had not been given adequate disclosure of the provisional findings and therefore had been prevented from making any substantive or meaningful comment on the dumping margin calculation.

Those acts should be consolidated in a single text incorporating, in an annex to the Rules of Procedure, both the unchanged provisions and the substantive amendments to those acts and new provisions which are to be made in accordance with Article 18 of Regulation (EC) No 1049/2001,

(9) Article 9(2) and (4) of the Arhus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of Article 6 of the Convention.

have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to the public participation provisions of this Directive.

The substantive rules of the system established by the Bunkers Convention fall under the national competence of Member States and only the provisions of jurisdiction and the recognition and enforcement of the judgements are matters covered by exclusive Community competence.

Members of the Council will ensure that those provisions of a proposal for the recasting of legislative texts which have been taken from the preceding act without substantive amendment are examined in accordance with the principles established for examination of codification proposals.

Members of the Council will ensure that those provisions of a proposal for the recasting of legislative texts which have been taken from the preceding act without substantive amendment are examined in accordance with the principles established for examination of codification proposals."

Organizations will also be able to provide the safeguards necessary under Article 26 of the Directive if they include the Principles in written agreements with parties transferring data from the EU for the substantive privacy provisions, once the other provisions for such model contracts are authorized by the Commission and the Member States.

In that context, where a substantive amendment has to be made to an earlier legal act, the recasting technique permits the adoption of a single legislative text which simultaneously makes the desired amendment, codifies that amendment with the unchanged provisions of the earlier act, and repeals that act.

The provisions of the Convention should adequately supplement the substantive criminal law and should encompass crimes against the confidentiality, integrity and availability of computer data, computer-related offences such as computer fraud and forgery and content-related offences such as in the field of child pornography.

Where, in the course of the legislative procedure, it appears necessary to introduce substantive amendments in the recasting act to those provisions which remain unchanged in the Commission's proposal, such amendments shall be made to that act in compliance with the procedure laid down by the Treaty according to the applicable legal basis.

The fact that this international market exists, combined with the lack of a resale right in several Member States and the current disparity as regards national systems which recognise that right, make it essential to lay down transitional provisions as regards both entry into force and the substantive regulation of the right, which will preserve the competitiveness of the European market.

In accordance with national provisions on the protection of personal data, commercial and industrial secrecy and professional and administrative confidentiality, the customs office or the service which dealt with the application shall notify the holder of the right, at his request, of the name and address of the declarant and, if known, of those of the consignee so as to enable the holder of the right to ask the competent authorities to take a substantive decision.

Where, either after an examination procedure, or at any time before, during and after an international dispute settlement procedure, it appears that the most appropriate means to resolve a dispute arising from an obstacle to trade is the conclusion of an agreement with the third country or countries concerned, which may change the substantive rights of the Community and of the third country or countries concerned, the procedure shall be suspended according to the provisions of Article 14, and negotiations shall be carried out according to the provisions of Article 113 of the Treaty.

(6) Following the Council Decision of 19 December 2002 authorising the Presidency of the Council to open negotiations with a view to the application of certain provisions in the field of judicial cooperation in criminal matters on the basis of Articles 24 and 38 of the Treaty on European Union, the Presidency, assisted by the Commission, negotiated an agreement with the Republic of Iceland and the Kingdom of Norway, according to which the content of the other substantive provisions of the EU Mutual Assistance Convention and the EU Mutual Assistance Protocol will also become applicable to the Republic of Iceland and the Kingdom of Norway in their mutual relations and in their relations with the Member States of the European Union.

Substantive Provisions

the Member State shall without delay inform the Commission of its decision to grant an exemption or a derogation from the relevant provisions of Articles 4 and 5 giving substantive reasons therefor;