(i) the own funds of the parent undertaking or the entity at the head of the financial conglomerate;

(b) every regulated entity, the parent undertaking of which is a mixed financial holding company which has its head office in the Community;

(8) Financial conglomerates are often managed on a business-line basis which does not fully coincide with the conglomerate's legal structures.

(b) where there is a regulated entity within the meaning of Article 1 at the head of the group, it is either a parent undertaking of an entity in the financial sector, an entity which holds a participation in an entity in the financial sector, or an entity linked with an entity in the financial sector by a relationship within the meaning of Article 12(1) of Directive 83/349/EEC;

(5) The return of received goods to the enterprise within the period given for withdrawal from a contract shall be interpreted as a notice of withdrawal from the contract.

'mixed-activity holding company' shall mean a parent undertaking, other than a financial holding company or a credit institution or a mixed financial holding company within the meaning of Directive 2002/87/EC, the subsidiaries of which include at least one credit institution;"

- 'mixed-activity holding company' shall mean a parent undertaking, other than a financial holding company or an investment firm or a mixed financial holding company within the meaning of Directive 2002/87/EC, the subsidiaries of which include at least one investment firm."

"mixed financial holding company" shall mean a parent undertaking, other than a regulated entity, which together with its subsidiaries, at least one of which is a regulated entity which has its head office in the Community, and other entities, constitutes a financial conglomerate;

Associated company shall mean any undertaking over which the concessionaire may directly or indirectly exercise predominant and decisive control, or any undertaking which can demonstrate predominant and decisive control over the concessionaire, or an undertaking which is a concessionaire and over which another undertaking demonstrates predominant and decisive control, deriving from ownership, financial interest or legal rules from which such relationship derives.

When granting a loan to an undertaking or to a body other than a Member State, the Bank shall make the loan conditional either on a guarantee from the Member State in whose territory the investment will be carried out, on adequate guarantees, or on the financial strength of the debtor.

(i) where the parent of a regulated entity is a mixed financial holding company, the task of coordinator shall be exercised by the competent authority which has authorised that regulated entity pursuant to the relevant sectoral rules;

ix) “Financial institutions” shall mean banks, savings banks, bodies which specialise in the granting of credits, insurance companies, building societies, investment companies, and other establishments of a similar nature;

(c) assistance to promote adaptation of existing facilities[104] to new environmental requirements imposed by law and/or regulations which result in greater constraints and financial burden on firms, provided that the assistance:

(g) for Huta Andrzej, securing a stable financial base for its development by negotiating an agreement between the company's current lenders, long-term creditors, trade creditors and financial institutions.

(20) The existing sectoral rules for credit institutions, insurance undertakings and investment firms should be supplemented to a minimum level, in particular to avoid regulatory arbitrage between the sectoral rules and those for financial conglomerates.

Whichever method is used, when the entity is a subsidiary undertaking and has a solvency deficit, or, in the case of a non-regulated financial sector entity, a notional solvency deficit, the total solvency deficit of the subsidiary has to be taken into account.

(j) 'mixed-activity insurance holding company' shall mean a parent undertaking, other than an insurance undertaking, a non-member country insurance undertaking, a reinsurance undertaking, an insurance holding company or a mixed financial holding company within the meaning of Directive 2002/87/EC, which includes at least one insurance undertaking among its subsidiary undertakings."

a to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality; and

Cooperation with developing States for the purposes set out in this Article shall include the provision of financial assistance, assistance relating to human resources development, technical assistance, transfer of technology, including through joint-venture arrangements, and advisory and consultative services.

the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

(2) An operating license shall be issued to an applicant if he meets prescribed conditions in relation to its principal place of business and its possible registered office, main occupation, ownership of the undertaking and effective control, financialfitness, qualified personnel, insurance, disposal of aircraft, if it has a valid air operator` s certificate, all in compliance with the provisions of this Section.

(i) the multiple use of elements eligible for the calculation of own funds at the level of the financial conglomerate (multiple gearing) as well as any inappropriate intra-group creation of own funds must be eliminated;

(iv) where the financial conglomerate is a group without a parent undertaking at the top, or in any other case, the task of coordinator shall be exercised by the competent authority which authorised the regulated entity with the largest balance sheet total in the most important financial sector.

Every regulated entity which is not subject to supplementary supervision in accordance with paragraph 2, the parent undertaking of which is a regulated entity or a mixed financial holding company, having its head office outside the Community, shall be subject to supplementary supervision at the level of the financial conglomerate to the extent and in the manner prescribed in Article 18.

The coordinator appointed in accordance with Article 10 shall inform the parent undertaking at the head of a group or, in the absence of a parent undertaking, the regulated entity with the largest balance sheet total in the most important financial sector in a group, that the group has been identified as a financial conglomerate and of the appointment of the coordinator.

(c) adequate procedures to ensure that their risk monitoring systems are well integrated into their organisation and that all measures are taken to ensure that the systems implemented in all the undertakings included in the scope of supplementary supervision are consistent so that the risks can be measured, monitored and controlled at the level of the financial conglomerate.

The Government has, in order to support the companies which are about to complete the transitional restructuring and to improve the position of companies facing difficulties, prepared the Act Governing the Rescue and Restructuring Aid for Companies in Difficulty (Official Gazette of the Republic of Slovenia, No 110/02) which represents the legal basis for granting funds to those companies in accordance with the EU rules on granting state aid for the purposes of business, financial and human resources restructuring as the starting-point for their competitiveness in the future.

(ii) where more than one regulated entity with a head office in the Community have as their parent the same mixed financial holding company, and one of these entities has been authorised in the Member State in which the mixed financial holding company has its head office, the task of coordinator shall be exercised by the competent authority of the regulated entity authorised in that Member State.

and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

"intra-group transactions" shall mean all transactions by which regulated entities within a financial conglomerate rely either directly or indirectly upon other undertakings within the same group or upon any natural or legal person linked to the undertakings within that group by "close links", for the fulfilment of an obligation, whether or not contractual, and whether or not for payment;

(iii) where more than one regulated entity with a head office in the Community have as their parent the same mixed financial holding company and none of these entities has been authorised in the Member State in which the mixed financial holding company has its head office, the task of coordinator shall be exercised by the competent authority which authorised the regulated entity with the largest balance sheet total in the most important financial sector;

Each Member State shall take the necessary measures to allow heads of businesses or any persons having power to take decisions or exercise control within a business to be declared criminally liable in accordance with the principles defined by its national law in cases of fraud affecting the European Community's financial interests, as referred to in Article 1, by a person under their authority acting on behalf of the business.

'financial holding company' shall mean a financial institution, the subsidiary undertakings of which are either exclusively or mainly credit institutions or financial institutions, at least one of such subsidiaries being a credit institution, and which is not a mixed financial holding company within the meaning of Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate(31);

When calculating the adjusted solvency of an insurance undertaking which is a participating undertaking in a credit institution, investment firm or financial institution, the rules laid down in Article 16(1) of Directive 73/239/EEC and in Article 18 of Directive 79/267/EEC on the deduction of such participations shall apply mutatis mutandis, as well as the provisions on the ability of Member States under certain conditions to allow alternative methods and to allow such participations not to be deducted."

(1) Distance contracts under this Act shall include contracts concluded for the delivery of goods or performance of services between the enterprise and the consumer on the basis of an organised programme for offering goods and services at a distance, which is managed by the enterprise, and for the purpose of concluding a contract uses exclusively one or more modes of communication at a distance until the moment, and inclusive of that moment, the contract is concluded.

a to be informed regularly or at the appropriate time and in a comprehensible way about the economic and financial situation of the undertaking employing them, on the understanding that the disclosure of certain information which could be prejudicial to the undertaking may be refused or subject to confidentiality; and b to be consulted in good time on proposed decisions which could substantially affect the interests of workers, particularly on those decisions which could have an important impact on the employment situation in the undertaking.

To this end the cooperation will concentrate, in particular, on economic and social development, human resources development, support for enterprises (including privatisation, investment and development of financial services), agriculture and food (including food security), energy (including hydro-electricity), water management and civil nuclear safety, health and the fight against poverty, transport, postal services, electronic communications, tourism, environmental protection, cross-border activities and regional cooperation.

? By an agreement (hereinafter called the "Finance Contract") signed on 28 September 2007 in Ljubljana between the Bank and Ekološki sklad Republike Slovenije, javni sklad (Eco Fund, p.f., hereinafter called the ` Borrower` ), the Bank has agreed to establish in favour of the Borrower a credit of an amount of EUR 30,000,000.00 (thirty million euros) to be used to co-finance a number of small and medium sized environmental investments in municipalities, public and private companies and individual households (hereinafter called the ` Projects` or individually the ` Project` ).

(i) 'insurance holding company' shall mean a parent undertaking, the main business of which is to acquire and hold participations in subsidiary undertakings, where those subsidiary undertakings are exclusively or mainly insurance undertakings, reinsurance undertakings, or non-member-country insurance undertakings, at least one of such subsidiary undertakings being an insurance undertaking, and which is not a mixed financial holding company within the meaning of Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate(30);

Where a credit institution, the parent undertaking of which is a credit institution or a financial holding company, the head office of which is outside the Community, is not subject to consolidated supervision under Article 52, the competent authorities shall verify whether the credit institution is subject to consolidated supervision by a third-country competent authority which is equivalent to that governed by the principles laid down in Article 52. The verification shall be carried out by the competent authority which would be responsible for consolidated supervision if the fourth subparagraph were to apply, at the request of the parent undertaking or of any of the regulated entities authorised in the Community or on its own initiative.

the Bank has been requested to grant credit to Druzba za avtoceste v Republiki Sloveniji (DARS) d.d., a public joint-stock company fully owned by the Republic of Slovenia and incorporated under Slovene law (hereinafter called ` the Borrower` ) for the purpose of financing a project (hereinafter called ` the Project` ) comprising the construction of a 19.7 km long toll motorway section between Kozina and Srmin (giving access to the Adriatic port of Koper), a section being included in the priority corridors of the Trans-European Road Networks for Central and Eastern Europe, as more particularly described in the Technical Description set out in Schedule A of The Finance Contract defined below.

the Bank has been requested to grant credit to Druzba za avtoceste v Republiki Sloveniji (DARS) d.d., a public joint-stock company fully owned by the Republic of Slovenia and incorporated under Slovene law (hereinafter called ` the borrower` ) for the purpose of financing a project (hereinafter called ` the Project` ) comprising the construction of a 19.7 km long toll motorway section between Kozina and Srmin (giving access to the Adriatic port of Koper), a section being included in the priority corridors of the Trans-European Road Networks for Central and Eastern Europe, as more particularly described in the Technical Description set out in Schedule A of the Finance Contract defined below.

The compromise of this information or material would be likely to: affect diplomatic relations adversely; cause substantial distress to individuals; make it more difficult to maintain the operational effectiveness or security of UK or allied forces; cause financial loss or loss of earning potential to or facilitate improper gain or advantage for individuals or companies to prejudice the investigation or facilitate the commission of crime; breach proper undertakings to maintain the confidence of information provided by third parties; impede the effective development or operation of government policies; breach statutory restrictions on disclosure of information; disadvantage government in commercial or policy negotiations with others; undermine the proper management of the public sector and its operations.

financial position of company at the time of sale,

partners engaging in a regular activity in the enterprise and benefiting from financial advantages from the enterprise.

Compensation shall be equal to the amount of the financial burden which the undertaking has to bear.

Staff headcount and financial ceilings determining enterprise categories

The amount of the burden shall be ascertained from the accounts of the railway undertaking.

2.2. Duties of the board of directors and supervisory board in the area of financial operations of companies