Traduction de «enjoignant » (Français → Anglais) :

(k) an order that a person is prohibited from becoming or acting as a director or officer of a registrant; (l) an order that a person resign one or more positions that the person holds as a director or officer of an investment fund manager; (m) an order that a person is prohibited from becoming or acting as a director or officer of an investment fund manager; (n) an order that a person or company is prohibited from becoming or acting as a registrant, as an investment fund manager or as a promoter; (o) if a person or company has not complied with Canadian securities law, an order requiring the person or company to pay an administrative penalty of not more ...[+++] than $1 million for each failure to comply; (p) if a person or company has not complied with Canadian securities law, an order requiring the person or company to disgorge to the Commission any amounts obtained as a result of the non-compliance.

(1.2) On application by or on behalf of the Attorney General of Canada or the attorney general of a province, a court may issue an injunction ordering any person named in the application to refrain from supplying to another person a product that it appears to the court is or is likely to be used to commit or continue an offence under section 52 involving the use of any means of telecommunication or an offence under section 52.01, 52.1 or 53, or to do any act or thing that it appears to the court could prevent the commission or continuation of such an offence, if it appears to the court that

(a) an order that the person or company comply with Canadian securities law; (b) an order requiring the person or company to submit to a review by the Commission of his, her or its practices and procedures and to institute such changes as may be directed by the Commission; (c) an order directing that a release, report, preliminary prospectus, prospectus, return, financial statement, information circular, takeover bid circular, issuer bid circular, offering memorandum, proxy solicitation or any other document described in the order

It follows that, notwithstanding the differences between the Rules of Procedure of the General Court and those of the Civil Service Tribunal, the latter is none the less entitled to follow the same procedure as that followed by the General Court, namely, when a party informs the court that it is not able to comply with measures of organisation of procedure since some of the requested documents are confidential, that court can order that party to produce the requested documents, but provide that they will not be communicated to the other party at that stage (see, to that effect, Case T‑48/05 Franchet and Byk v Commission [2008] ECR II‑158 ...[+++]5, paragraphs 54 and 55, and Case T‑299/05 Shanghai Excell M E Enterprise and Shanghai Adeptech Precision v Council [2009] ECR II‑0000, paragraphs 24 to 26).

It follows that, unlike Chapter 3, Section 2, of the Rules of Procedure of the General Court, Chapter 3, Section 2, of the Rules of Procedure of the Civil Service Tribunal does not provide an express legal basis for an order to one of the parties to produce documents by way of measure of inquiry.

The Commission's determination to keep a tight grip on subsidies was highlighted in the decision requiring the German government to recover illegal aid given to bank Westdeutsche Landesbank while it also blocked subsidies to a Fiat plant in Italy.