Fair treatment

FAIR AND EQUITABLE TREATMENT

Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person is present.

Without prejudice to, if applicable, the relevant rules of international law, any person regarding whom proceedings are being carried out in connection with the Convention or this Protocol shall be guaranteed fair treatment and a fair trial in accordance with domestic law and international law at all stages of the proceedings, and in no cases shall be provided guarantees less favorable to such person than those provided by international law.

Each Contracting Party shall accord at all times fair and equitable treatment to investments of investors of the other Contracting Party.

Each Contracting Party shall accord at all times fair and equitable treatment to investments by investors of the other Contracting Party.

In Union law, the right to a fair hearing is not confined to disputes relating to civil law rights and obligations.

Any person regarding whom investigations or proceedings are being carried out in connection with any of the crimes set out in article 9 shall be guaranteed fair treatment, a fair trial and full protection of his or her rights at all stages of the investigations or proceedings.

Each Contracting Party shall accord to investments in its territory of investors of the other Contracting Party fair and equitable treatment and full and constant protection.

Stakeholders should be able to challenge the state as an owner in the courts and be treated fairly and equitably in such case by the judicial system.

Each Contracting Party shall accord to investments of investors of the other Contracting Party in its territory fair and equitable treatment and full and constant protection and security.

(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner.

Taxation of the business of the company, the founders and contractors involved in the project will be based on the principles of non-discrimination, fairness and treatment transparency.

When SOEs are publicly traded or partially-owned, the co-ordinating or ownership entity must respect the rights and fair treatment of minority shareholders.

Subject to its internal laws and regulations, each Party shall accord fair and equitable treatment to the individuals, government agencies and other Entities of the other Party engaged in the pursuit of activities under this Agreement.

The Association Committee shall by decision lay down the practical conditions under which the homonymous designations in question are to be differentiated from each other, taking into account the need to treat the producers concerned fairly and to avoid misleading the consumer.

(a) The authorities of the receiving State shall consider the claim and assess compensation to the claimant in a fair and just manner, taking into account all the circumstances of the case, including the conduct of the injured person, and shall prepare a report on the matter.

The EU urges Croatia to proceed with caution when handling cases of apartments that have remained unoccupied and underlines that any reallocations should take place based on application of agreed clear and fair criteria, including close cooperation with UNHCR where appropriate.

The Association Committee shall by decision lay down the practical conditions of use to enable a distinction to be drawn between the homonymous indications or expressions referred to in paragraphs 5 and 6, bearing in mind the need to treat the producers concerned fairly and to ensure that consumers are not misled.

Investors of one Contracting Party shall be accorded by the other Contracting Party, as regards the management, maintenance, use, enjoyment or disposal of their investments, treatment which is fair and equitable and not less favourable than the latter Contracting Party accords to its own investors or to investors of any third State.

Investments made by investors of one Contracting Party in the territory of the other Contracting Party, or returns related thereto, shall be accorded treatment which is fair and equitable and not less favourable than the latter Contracting Party accords to the investments and returns of its own investors or to investors of any third State.

Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

Investors of one Contracting Party shall be accorded by the other Contracting Party, as regards the management, maintenance, use, enjoyment or disposal or their investments, treatment which is fair and equitable and not less favourable than the latter Contracting Party accords its own investors or to investors of any third State.

equitable and fair treatment;

ARTICLE V- FAIR AND EQUITABLE TREATMENT

In the interests of uniform and fair taxation, the definition of cigars and cigarillos, set out in Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco(8), should be adapted so that a type of cigar which is similar in many respects to a cigarette is treated as a cigarette for excise purposes.

accord fair and equitable treatment to such investors;

The Parties reaffirm the importance they attach to fair treatment of foreign workers legally resident and employed on their territory.

In view of the above, it is not expected that the imposition of measures will result in the total exclusion of the product under consideration from the Community market, but rather that those imports will be made at fair prices.

The relevant departments of the General Secretariat shall endeavour to find a fair solution to deal with repeat applications and/or those which relate to very large documents.

During the period considered the Community industry showed that it is able to compete in the Community market, in the US market and in other third country markets where fair conditions prevail.

The application of Article 18 of the basic Regulation in the present case is considered appropriate and necessary in order to avoid giving a bonus for non-cooperation, thus ensuring a fair treatment vis-ŕ-vis all other parties, which had fully cooperated in the proceeding.

Since some Member States have extended access rights going beyond Directive 91/440/EEC, it seems necessary to ensure fair, transparent and non-discriminatory treatment of all railway undertakings that may operate in this market by extending the licensing principles laid down by Directive 95/18/EC to all companies active in the sector.

increased links between their respective industries and economic operators, including joint ventures, inter alia, through encouraging the extension, by all Member States of the Community and by Pakistan, of investment promotion and protection arrangements, based on fair and equitable treatment;

To ensure fair treatment, conditions should be laid down to cover ineligible actions included in error by the producer organisation in an operational programme and approved by the Member State, whereby Member States should not be obliged to withhold aid payments or recover aid paid, in accordance with the jurisprudence of the Court of Justice.

In this context, it has in particular stated that the European Union should ensure fair treatment of third country nationals residing lawfully on the territory of the Member States and that a more vigorous integration policy should aim at granting them rights and obligations comparable to those of citizens of the European Union.

In the interests of uniform and fair taxation, the definition of cigars and cigarillos, set out in Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco (1), should be adapted so that a type of cigar which is similar in many respects to a cigarette is treated as a cigarette for excise purposes.

The fact that one Community producer had to be excluded from the definition of the Community industry, and therefore new profitability figures were established for the period under consideration, does not alter the provisional findings that such an industry, in fair market conditions, could reasonably expect to reach a level of profit of 8 % in absence of dumped imports.

support measures to increase the attractiveness of the region to investors, particularly through the creation of a larger market, encouraging the alignment of policies relating to the EU single market, improving the regulatory framework, ensuring fair and equitable treatment of investors and raising awareness in the EU of investment opportunities in the region,

The fact that one Community producer had to be excluded from the definition of the Community industry, and therefore new profitability figures were established for the period under consideration, does not alter the provisional findings that such an industry, in fair market conditions, could reasonably expect to reach a level of profit of 8 % in absence of dumped and subsidised imports.

In its resolution of 27 October 1999(3), the European Parliament called for prompt action on promises of fair treatment for third-country nationals legally resident in the Member States and on the definition of their legal status, including uniform rights as close as possible to those enjoyed by the citizens of the European Union.

In addition the Parties undertake to improve the existing favourable investment climate inter alia through encouraging the extension, by and to all Member States of the Community and by and to all member countries of ASEAN, of investment promotion and protection arrangements which endeavour to apply the principle of non-discrimination, aim to ensure fair and equitable treatment and reflect the principle of reciprocity.

As its special meeting in Tampere on 15 and 16 October 1999, the European Council proclaimed that the European Union should ensure fair treatment of third-country nationals who reside legally in the territory of its Member States, grant them rights and obligations comparable to those of EU citizens, enhance non-discrimination in economic, social and cultural life and approximate their legal status to that of Member States' nationals.

The Parties agree to extend to each other's nationals and the vessels registered in the territory of either of the Parties treatment no less favourable than that granted to the most favoured nation in respect of the maritime transport of goods, passengers or both, access to ports, the use of infrastructure and auxiliary maritime services of those ports and related fees and charges, customs facilities and the assignment of berths and facilities for loading and unloading, based on fair competition and on commercial terms.

The above provision, which is more sweeping than the second paragraph of Article 12, relies on the honesty of officials and other servants by asking them to inform the proper authority whenever their neutrality might be called into question (as might prove to be the case, for instance, if an official or other servant were serving on a disciplinary board or competition selection board that had to deal with a close friend or relative) or their particular circumstances might cast doubt on their impartiality and hence the impartiality of Parliament.

(4) The IAS Regulation provides that, to adopt an international accounting standard for its application in the Community, it is necessary that it meets the basic requirement of the Fourth Council Directive 78/660/EEC of 25 July 1978 on the annual accounts of certain types of companies fn and of the Seventh Council Directive 83/349/EEC of 13 June 1983 on consolidated accounts fn, that is to say that its application results in a true and fair view of the financial position and performance of an enterprise - this principle being considered in the light of the said Directives without implying a strict conformity with each and every provision of those Directives.

on disposal of investment property not carried at fair value:

the fact that the enterprise has disposed of investment property not carried at fair value;

Such conditions shall include a commitment to accord at all times to investments of investors of other Contracting Parties fair and equitable treatment.

whereas it would be fair not to charge a fee for additives or examining the dossier concerning very simple technological additives;