Traduction de «Droit naturel de légitime défense » (Français → Anglais) :

Second plea in law, alleging breach of the audi alteram partem rule and of the rights of the defence, of Article 41 of the Charter of Fundamental Rights of the European Union, the general principle of the protection of legitimate expectations and the general rules on the interpretation of contracts, in so far as the ECFA was not invited again to submit the documents in order to establish the eligibility of the contested costs even though the applicant was led to believe that it could do so at a later stage of the procedure;

The applicants rely on the ‘objection of illegality’ in seeking to have the October Measures declared unlawful in that: they lack a proper legal basis; violate the applicants’ legitimate expectations, and the principles of finality, legal certainty, non bis in idem, and res judicata; they discriminate against IRISL and violate its fundamental rights without justification or proportion; breach the applicants’ rights of defence; and are an abuse ...[+++]of the Council’s powers.

Articles 23e(4), 25(2) and Article 36c(2) of Regulation (EC) No 1060/2009 establish that, safeguard rights of defence of persons subject to the ESMA proceedings, they shall be entitled to have access to ESMA’s file, subject to the legitimate interest of other persons in protecting their business secrets and of their personal data.

- having regard to Resolution 1373 adopted by the UN Security Council on 28 September 2001, in particular its recognition of the inherent right of individual or collective self-defence against threats to international peace and security caused by terrorist acts,

In cases where no grounds for allowing a transfer exist, derogations should be allowed if necessary in order to protect the vital interests of the data subject or another person, or to safeguard legitimate interests of the data subject where the law of the Member State transferring the personal data so provides, or where it is essential for the prevention of an immediate and serious threat to the public security of a Member State or a third country, or in individual cases for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, or in individual cases for the establishment, ex ...[+++]ercise or defence of legal claims.

The CFI, by failing to order the disclosure of the evidence requested, has infringed the fundamental right to a fair trial to which the applicant is entitled, by refusing to assess evidence which is essential to the applicant's case thereby infringing its rights of defence, since its application was dismissed on the ground that it had not proved what it specifically sought to establish with the evidence which was not produced: if not the Commission's final position with respect to the complaint of 1994 against the tax rules of 1993 (including a tax credit), which are measures which are ...[+++] essentially the same as the contested measure, which rejected that complaint, then at least the attitude of the Commission which would constitute an exceptional circumstance in so far as its conduct gave rise to a legitimate expectation that the 1993 tax measures were lawful, which led to the adoption of the contested tax measure in 1996.