As can be seen from the description of the facts, the parallel trade from Germany to Belgium relied mainly on the shorter delivery times (see, for example, recital 37), but also on the fact that purchase prices were in practice clearly much lower in Germany (184).

The competent authorities of Albania are invited to expedite the implementation of the action plan referred to in recital (32) of Regulation (EC) No 787/2007 (2), and reminded of their commitment referred to in recital (33) of the same Regulation, not to issue any further AOC until the restructuring programme has been satisfactorily implemented.

The Commission notes, in the light of the information contained in recital 36, that the public financial assistance proposed constitutes a financial contribution from the Member State towards the joint financing of rural development measures, within the meaning of Article 51 of Regulation (EC) No 1257/1999 (28), and consequently does not constitute, by virtue of that Article, State aid within the meaning of Article 87(1) of the Treaty.

In accordance with the methodologies followed in recital 27 of the Provisional Regulation, the comparison between the normal value and the export price on a weighted to weighted average basis was applied and this method showed the existence of dumping in respect of the sole co-operating exporting producer.

B. The Court of First Instance committed a procedural error in paragraph 168 of the Judgment by misreading and misrepresenting one of the arguments submitted by the Appellant, which adversely affected the interests of the Appellant.

The Court of First Instance ignored the fact that the appreciation of the likelihood of confusion depends on numerous elements, mentioned in the seventh recital of the preamble to Council Regulation (EC) No 41/94 (2 ) and, in particular, on the recognition of the trade mark on the market and not only on the degree of similarity between the trade mark and the sign and between the goods and services identified.

As set out in recital (316), neither interested users nor their representative associations have made themselves known during the investigation.

The Commission also confirms that the application of article 101 of the TFEU to the conditions referred in recital 45 will be carried out where appropriate by the Commission or by one or more of the competent competition authorities of the Member States, in line with the provisions of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1 ).

As concluded in recital (41) above, it was found that the reported costs of production and, as a consequence, the reported profit margins for exports of the product concerned were false.

Point 7 of the recitals states that the Commission should terminate the Agreement of 28 July 1956 on the setting of through international railway tariffs for the carriage of coal and steel in transit through Swiss territory in accordance with the mandate conferred by the decision taken at the conference of the Representatives of the Governments of the Member States of 17 June 1999, in coordination with the termination of the 1955 Agreement.

The competent authorities of Pakistan have agreed that, before the resumption of operations to the Community of each individual aircraft concerned, and including the aircraft referred to in recital 8 of Commission Regulation (EC) No 787/2007 (1 ), they shall provide the authorities of the Member State of the airport of destination, as well as the Commission, with a safety inspection report of the aircraft which they have conducted no more than 72 hours before the aircraft is due to operate.

Complete failure to state adequate reasons as regards the classification of the note of 11 October 2005 referred to in paragraph 3 of the order under appeal as an application made under Article 90 of the Staff Regulations, with the result that, in the case at issue, the provisions of Article 90 of the Staff Regulations were applied.

Pursuant to Decision 2000/427/EC (1 ), Greece having fulfilled the necessary conditions for the adoption of the single currency on 1 January 2001, the derogation of Greece referred to in recital 4 of Decision 98/317/EC (2 ) has been abrogated, with effect from 1 January 2001.

On the other hand, prior to the adoption of the 2005 Community framework, where the Commission checked whether the undertaking had not been overcompensated for the performance of the public-service task, it followed a ‘global’ approach (see recital 104) (58).

Recital 29 of the Directive states that “channels broadcasting entirely in a language other than those of the Member States should not be covered by the provisions of Articles 4 and 5”.

Council Decision 2001/792/EC, Euratom of 23 October 2001 establishing a Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions (2 ), states, in its 10th recital that the isolated and outermost regions and some other areas of the Community often have special characteristics and needs owing to their geography, terrain and social and economic circumstances.

If the State guarantee is necessary to cooperatives in order to obtain loans for financing the operations described in recital 12 of this Decision, the aid granted to them constitutes aid to firms in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (7 ) where the projects concerned are essential in order to enable the recipient firms to remain in business.

Amendment 2 has been incorporated as recital 7 of the common position albeit in a slightly redrafted wording.