Sixth plea in law, alleging that the Council failed to ensure the relevance and validity of the evidence underlying the listing of the applicant as it failed to consider whether the current Acting General Prosecutor of Ukraine had authority under the Constitution of Ukraine to commence investigations against the applicant and failed to take into consideration that an investigation against the applicant in Austria was closed because of insufficient evidence to support the allegations against the applicant of embezzlement of state funds.

1. At the request of the applicant which has presented reasonably available evidence to support the claim that the patent has been infringed or is about to be infringed the Court may, even before the commencement of proceedings on the merits of the case, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

1. Member States shall ensure that, even before the commencement of proceedings on the merits of the case, the competent judicial authorities may, on application by a party who has presented reasonably available evidence to support his/her claims that his/her intellectual property right has been infringed or is about to be infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential information.

We now realize that, with Bill C-46, we are going to oblige the accused to present evidence, obviously not before a jury, just before a judge, showing that certain elements of evidence are relevant to his defence in order to be able to produce them later on.

The information provided by ABB (and other undertakings) following the sending of the requests for information under Article 11 did assist materially in the establishment of the relevant facts, in particular as regards the origins of the cartel in Denmark in late 1990: the Commission had not obtained any substantial evidence during its investigations of that period, although it is not correct (as ABB suggests) that the Commission did not possess sufficient evidence of the cartel before 1994: notes of presidents' meetings and other evidence going bank to 1992 were obtained at Tarco, Løgstør and Starpipe, and some of the most incriminating ...[+++] documentation (such as Appendix 48) had been discovered at ABB IC Møller.

Put in legal terms, the information gleaned from the testing is irrelevant to the ultimate issue of impairment.