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b. arguments brought forward by third parties alleging that the envisaged sales transaction could not be regarded as compatible with the ec treaty
b. arguments brought forward by third parties alleging that the envisaged sales transaction could not be regarded as compatible with the ec treaty

however, according to the uk authorities, due to last minute unforeseen circumstances, this report has not yet been completed and could not be published.
however, according to the uk authorities, due to last minute unforeseen circumstances, this report has not yet been completed and could not be published.

it has neither been demonstrated that the smooth transition from a statutory monopoly situation to full competition could not be achieved by requesting racing to pay the full market price, nor has it been demonstrated that the aid resulting from the sales transaction actually leads to a long-term decrease of state support for the racing industry.
it has neither been demonstrated that the smooth transition from a statutory monopoly situation to full competition could not be achieved by requesting racing to pay the full market price, nor has it been demonstrated that the aid resulting from the sales transaction actually leads to a long-term decrease of state support for the racing industry.

[19] the lgfa came into force in 1990, but assets were still valued using the prescribed formulae during 1990-95 since, allegedly, given the tight time frame the valuations could not be ready for this five year valuation period.
[19] the lgfa came into force in 1990, but assets were still valued using the prescribed formulae during 1990-95 since, allegedly, given the tight time frame the valuations could not be ready for this five year valuation period.

(36) the aid resulting from this transaction could not be declared compatible under article 87(3)(c) ec treaty because it was doubtful whether the racing industry actually needed state support in addition to the existing means and revenues generated by normal commercial activities of this sector.
(36) the aid resulting from this transaction could not be declared compatible under article 87(3)(c) ec treaty because it was doubtful whether the racing industry actually needed state support in addition to the existing means and revenues generated by normal commercial activities of this sector.

non-scheduled (charter) traffic is sold virtually only at one end of the route; passengers on non-scheduled (charter) flights buy their seats from a tour operator, while passengers on scheduled flights buy predominantly from travel agents or directly with the airline involved; seats on non-scheduled (charter) flights are sold to tour operators, contrary to seats on scheduled flights which are only sold to tour operators in small allotments; non-scheduled (charter) flights are operated at the commercial risk of one or more tour operators, the commercial risk of scheduled flights is with the air carrier; penalties for cancellation on scheduled flights are non-existing or, at least, much more liberal; the non-scheduled (charter) market has many more and different players.the information provided in response to the commission's request for information can not be added to the klm group's market share provided on p. 62 of the notification. including transavia scheduled flights into the market base would necessarily lead to a substantial increase of the total market base, since scheduled flights by other carriers should then be included as well …"
(31) as informações exigidas pelo formulário co em relação à definição dos mercados são descritas na secção 6. na secção 6.i é utilizada a seguinte definição de mercado do produto relevante: "um mercado do produto relevante compreende todos os produtos e/ou serviços considerados permutáveis ou substituíveis pelo consumidor devido às suas características, preço e utilização pretendida. um mercado do produto relevante pode, em alguns casos, ser composto por um certo número de produtos e/ou serviços individuais que apresentam características físicas ou técnicas em grande medida idênticas e que sejam permutáveis.".(32) tendo em conta o facto de certos lugares nos voos regulares da transavia serem vendidos a operadores turísticos que propõem viagens organizadas ao mesmo preço e nas mesmas condições económicas (garantidos), tal como acontece com os lugares nos voos charter, a comissão considera que estas vendas fazem parte do mesmo mercado do produto. o facto de essa definição de mercado significar que os lugares vendidos em voos regulares de outras companhias devem ser igualmente incluídos no mercado do produto relevante não permite à klm omitir esta informação.