Traduction de «Appréciation des services » (Français → Anglais) :

19. Notes in this context the Commission’s reply to Parliament’s request for a procedural law, in which it expresses doubts regarding the possibility of adopting any future regulation based on Article 298 TFEU, because of the discretionary power conferred by the Treaties on the Commission ‘to organise the way in which it manages infringement proceedings and related work to ensure the correct application of EU law’; is convinced that such a procedural law would not in any way limit the discretionary power of the Commission, but would only guarantee that when exercising its power the Commission would respect the principles of an ’open, ef ...[+++]ficient and independent European administration’ as referred to in Article 298 TFEU and the right to good administration referred to in Article 41 of the Charter of Fundamental Rights of the European Union;

20. Notes in this context the Commission's reply to Parliament's request for a procedural law in which it expresses doubts about the possibility of adopting any future regulation based on Article 298 TFEU because of the discretionary power conferred by the Treaties upon the Commission ‘to organise the way in which it manages infringement proceedings and related work to ensure the correct application of EU law’; is convinced that such a procedural law would not in any way limit the discretional power of the Commission but would only guarantee that when exercising its power the Commission would respect the principles for ‘an open, efficie ...[+++]nt and independent European administration’ as referred to in Article 298 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union;

Consequently, the Court rules that the NRA must take account of the costs incurred by mobile telephone network operators in implementing the number portability service when it assesses whether the direct charge to subscribers for the use of that service is a disincentive.

The Court holds that, when assessing whether the direct charge relating to transferring a telephone number is a disincentive, account must be taken of the costs incurred by the operator in providing that service

His service has been appreciated by all sides of the House.

Where it is alleged, in a case governed by Article 10 of Directive 92/50, that a contract should have been awarded in accordance with the provisions of Titles III to VI of that Directive, it must be demonstrated to the national court, on the basis of the information which was or should have been considered by the contracting authority, and taking into account that authority's margin of appreciation, that the value of the service listed in Annex I A to that Directive which constitutes part of the services contracted for in the disputed ...[+++] contract should have been estimated by the contracting authority to be greater than that of the constituent service listed in Annex I B. (3) Subject to an assessment, in an appropriate concrete case, of whether the relevant provisions of Titles III to VI of Directive 92/50 create rights for individuals which are unconditional and sufficiently precise to be enforceable in the absence of national implementing measures, the right of service providers under Articles 1 to 10 of Directive 92/50, taken together, to participate in the award of public service contracts in accordance with the provisions of that Directive is capable of direct effect.