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It was a pleasure to meet you during our recent visit to Moscow. I was encouraged with the discussion and look forward to moving ahead to assist small- and medium-sized businesses in Russia.

Mr. Paul Tumminia, Ex-Im Bank Director-Russia and NIS, will be in contact with you as to our future plans on this matter.

Please do let us know if you are planning to be in the U.S.
Sincerely.

Task III. Conversation on the topic of your thesis

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине английский язык

(специальность: международное право; европейское право)

БИЛЕТ №6

Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
In relation to the EU's tender regulations, the Court has established that when a parent company submits a tender for a public contract and must document expertise and experience in the relevant area (eg building and construction work), the parent company may also include the expertise possessed by one or more of its subsidiaries rather than by the parent company itself, provided that it is proved that the parent company
'actually has available the resources of those companies which are necessary for carrying out the works'.
With regard to the EU's non-competition rules, when a competitor has complained of competition distorting group agreements and practices, the
Court has deemed several companies acting as one entity to be one entity under the non-competition rules. The Court ruled that when subsidiaries are completely unified with the parent company in their polices, they and the parent company constitute a single economic unit in the sense of Art 85 of the Treaty. It follows they the group's policy (eg co-ordinated price policy) does not constitute distorting agreements or practices among undertakings for the simple reason that these are not undertakings, but a single undertaking irrespective of the formal division into a number of companies.
With regard to the EU's Television Broadcasting Directive, the Court has ruled that a television group is domiciled, and thus governed, by the television legislation in the state where the centre of its activities is located [programming etc). This means that the Court identifies all group companies and considers them as a single entity, irrespective of whether or not the broadcasting activities are formally divided among a number of companies across a number of states. In practical terms this means that each subsidiary is seen as a branch, and this makes the Court's decision worthy of note. See also the Court's Decision of 10 September 1996. These judgments (and there arc more) are all identifications to the advantage of the group. But a small number of cases where the identification disadvantaged the group may also be mentioned. The Court has affirmed that legal action may be brought against a parent company in another state where its subsidiary was domiciled, because the Court deemed it to be the parent company which in real terms was conducting its business in another state, using its subsidiary merely as an extension of itself.
___________________
EU European Union

European Business Law Review. September/October, 1998

Task II. Translate the letter from English into Russian without a dictionary. Your time is 5-7 minutes
Der President

10965 BERLIN des Bundeskartellamtes

18 December 1998

Minister
Gennadiy Khodirev

Dear Minister,

I am writing today to invite you to our 9th International Conference on
Competition, which will be held on 10 and 11 May 1999 at the Hotel
Intercontinental Berlin, the venue of our last conference.

The subject of the 9th International Conference on Competition is:
Mega-mergers –

I would be very pleased to welcome you to Berlin as a participant at our
9th International Conference on Competition. As in previous conferences, a simultaneous translation will be in German, English and French.

Yours sincerely,
Wolf

Task III. Conversation on the topic of your thesis

аспирантура (канд. экз.)

Экзаменационный билет (на 2 листах) по дисциплине английский язык

(специальность: международное право; европейское право)

БИЛЕТ №7

Task I. Translate from English into Russian in writing using a dictionary.
Your time is 45 minutes
Despite Article 5, states, sometimes deliberately, sometimes inadvertently, not infrequently failed to fulfil their Community obligations. Whilst procedures were provided under the Treaty for action by the Commission or by member states before the Court of Justice against states which had 'failed to fulfil their obligations' under Community law
(Articles 169 and 170, see Chapter 11), these provisions proved insufficient on their own to secure the effective enforcement of EC law, for a number of reasons.
First, the Commission (or member state) may simply be unaware of breaches of Community law by member states. In a Community of twelve it is not possible for the Commission, with limited resources, effectively to monitor the laws and practices of all member states.
Secondly, although any person may complain to the Commission of suspected infringements of EC law by member states and request the Commission to act under Article 169, and the majority of Article 169 proceedings have been found to result from such complaints, an individual has no power to compel the Commission to act under Article 169. The Commission has a complete discretion in this matter. The enforcement of EC law against member states by Community institutions is a sensitive matter. The Commission may choose not to proceed against insignificant failures. Where the breach is clear, and significant, the Commission can, and often does, achieve compliance-by- negotiation at the preliminary stages of the Article 169 procedure; it will not then be necessary to proceed to the final stage before the Court. Yet
Individuals may have suffered damage as a result of member states' prior actions in breach of EC law. They may have paid levies which were wrongfully imposed; or deprived of rights, for example under Directives, which they would have enjoyed had states fulfilled their Community obligations.
Thirdly, even where the Commission proceeds to action before the Court under Article 169 and obtains a judgment under Article 171 that the state has 'failed to fulfil its Community obligations' the Court has no power to impose sanctions to guarantee compliance. The state is simply required to
'take the necessary measures' to comply with the Court's judgment. If the
State fails to take the necessary measures the Commission must resort to fresh Article 169 proceedings for the state's failure to comply with the
Court's judgment under Article 171.
_________________________
EC European Community

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