(22) That person should also have the possibility to have a lawyer in the issuing Member State to assist the lawyer in the executing Member State in specific cases during the surrender proceedings without prejudice to the deadlines set out in Council Framework Decision 2002/584/JHA; that lawyer should be able to assist the lawyer in the executing Member State when exercising the person's rights under the Council Framework Decision 2002/584/JHA in the executing State, in particular in respect of the grounds of refusal under its Articles 3 and 4; since the European Arrest Warrant is predicated upon the principle of mutual recognition, th ...[+++]is should not entail any right to question the merits of the case in the executing Member State; as there is no incompatibility between defence rights and mutual recognition; enhancing fair trial rights both in the executing and in the issuing Member State will boost mutual trust;

In that connection, although the Civil Service Tribunal, accepted that it was not for it to determine the items of information which the Commission must communicate to the person concerned in order to satisfy its obligation to state reasons, it observed, in particular, that certain additional particulars, such as the intermediate marks for each of the assessment criteria laid down in the notice of competition and the evaluation sheets, could have been sent to Mr Meierhofer with any items of information covered by the secrecy of the selection board’s proceedings blacked out without disclosing either the attitudes adopted by individual members of the selection board or any factors relating to individual or comparative assessments of candidate ...[+++]s (paragraphs 50 and 51 of the judgment under appeal).

The aid measures implemented by Belgium in the contract of 6 November 2001 concluded between the Walloon Region and Ryanair, in the form of a reduction in airport landing charges that goes beyond the official tariff set in Article 3 of the Walloon Government Decree of 16 July 1998 laying down charges to be levied for the use of airports in the Walloon Region, and the general discounts provided for in Article 7(1) and (2) of the said Decree, are incompatible with the common market within the meaning of Article 87(1) of the Treaty.

In C-133/94 Commission v Belgium the ECJ ruled that Member States were at liberty to use either a case-by-case or a threshold approach to screening Annex II projects. The rulings in C-133/94 Commission v Belgium, C-72/95 the Dutch Dykes case and C-431/92 the Grosskrotzenburg cases also made clear that while Member States had the discretion to define thresholds for screening Annex II projects, these thresholds could not be fixed at such a level as to exclude whole project types from assessment.

Member States may conclude bilateral or multilateral agreements or arrangements after this Framework Decision has come into force in so far as such agreements or arrangements allow the prescriptions of this Framework Decision to be extended or enlarged and help to simplify or facilitate further the procedures for surrender of persons who are the subject of European arrest warrants, in particular by fixing time limits shorter than those fixed in Article 17, by extending the list of offences laid down in Article 2(2), by further limitin ...[+++]g the grounds for refusal set out in Articles 3 and 4, or by lowering the threshold provided for in Article 2(1) or (2).

5. Where the Court of Justice gives a judgment which annuls the whole or part of a Commission decision taken under this Regulation, the periods laid down in this Regulation shall start again from the date of the judgment.