Max Vol 05 No 01 March 1990 [PATCHED]
(iii) The values described in clauses (i) and (ii) shall be calculated based on the age of the individual as of the date of the contingent event unrelated to age. The values are effective on October 16, 1990, and shall be adjusted on an annual basis, with respect to a contingent event that occurs subsequent to the first year after October 16, 1990, based on the medical component of the Consumer Price Index for all-urban consumers published by the Department of Labor.
Max Vol 05 No 01 March 1990
Methods: We systematically searched for data on preterm birth for 194 WHO Member States from 1990 to 2014 in databases of national civil registration and vital statistics (CRVS). We also searched for population-representative surveys and research studies for countries with no or limited CRVS data. For 38 countries with high-quality data for preterm births in 2014, data are reported directly. For countries with at least three data points between 1990 and 2014, we used a linear mixed regression model to estimate preterm birth rates. We also calculated regional and global estimates of preterm birth for 2014.
Any enterprise that was covered by the FLSA on March 31, 1990, and that ceased to be covered because of the revised $500,000 test, continues to be subject to the overtime pay, child labor and recordkeeping provisions of the FLSA.
7 The Commission failed to reply to the applicants and they therefore sent a letter on 24 November 1989 requesting the Commission to adopt a position on the complaints. When it still failed to reply, the applicants brought an action before the Court of Justice on 20 March 1990 for failure to act and for damages. By order of 23 March 1990 in Case C-72/90 Asia Motor France and Others v Commission  ECR I-2181, the Court of Justice declared the action for failure to act and for damages inadmissible in so far as it concerned the Commission's lack of response to the alleged infringement of Article 30 of the Treaty and referred the case to the Court of First Instance in so far as it concerned the Commission's lack of response to the alleged infringement of Article 85 of the Treaty and the ensuing liability.
8 Meanwhile, by a letter dated 8 May 1990, the Director-General of the Commission's Directorate-General for Competition informed the applicants in accordance with Article 6 of Regulation No 99/63/EEC of the Commission of 25 July 1963 on the hearings provided for in Article 19(1) and (2) of Council Regulation No 17 (OJ, English Special Edition 1963-1964, p. 47) that it did not envisage acting on their complaints and invited them to submit any observations they might have in that regard. On 29 June 1990 the applicants submitted their observations to the Commission, in which they reaffirmed that their complaints were well founded.
10 On 5 June 1990 Somaco likewise lodged a complaint with the Commission concerning the practices engaged in by CCIE, SIGAM, SAVA, SIDA and Auto GM, all established in Lamentin (Martinique, France), dealers for Toyota, Nissan, Mazda, Honda and Mitsubishi respectively, and importers of those makes in Martinique. That complaint, which was based on Articles 30 and 85 of the Treaty, also challenged the practices of the French authorities on the ground that they were intended to prevent parallel imports by the complainant of certain makes of Japanese vehicle, and of Korean-made Hyundai vehicles.
11 By letter of 9 August 1990, and with reference to its letter of 8 May 1990 to the applicants, the Commission informed Somaco that it did not intend to act on its complaint and invited it to submit observations in accordance with Article 6 of Regulation No 99/63. By letter of 28 September 1990 Somaco reaffirmed that its complaints were well founded.
16 Following that judgment the Commission requested information, on 25 August 1993, from the French authorities and the Martinique dealers concerned by Somaco's complaint of 5 June 1990, in accordance with Article 11(1) of Regulation No 17.
23 In its judgment of 18 September 1996 in Case T-387/94 Asia Motor France and Others v Commission  ECR II-961 (Asia Motor France III), the Court of First Instance dismissed as inadmissible the claims for failure to act and for damages made by the applicants and Somaco. It also dismissed as unfounded the claim for annulment in so far as it related to the decision to reject Somaco's complaint of 5 June 1990. However, it annulled the Commission's decision of 13 October 1994 in so far as it rejected the complaints of 18 November 1985 and 29 November 1988.
73 It is appropriate to observe at the outset that, by its decision of 5 December 1991, the Commission had already rejected the complaints submitted by the applicants and Somaco, inter alia, on account of the lack of autonomy of the economic operators which were the subject of those complaints. In its judgment in Asia Motor France II, the Court of First Instance held that that decision, in so far as it was based on that ground for rejecting the complaints, was vitiated by a manifest error in the assessment of the facts which had led the Commission to err in law as regards the applicability of Article 85 of the Treaty to the conduct of the traders in question (paragraph 55). The Court reached that conclusion after examining, first of all, two documents relating to imports into Martinique of Japanese cars lodged by the complainants during the course of the administrative procedure before the Commission. After noting that, prima facie, those items in the case- file constitute[d] serious evidence of genuinely independent action on the part of the economic operators concerned (paragraph 44), the Court went on to consider the grounds for the decision of 5 December 1991 in so far as it rejected not only Somaco's complaint concerning the existence of an agreement between Martinique dealers, but also the applicants' complaints concerning the existence of an agreement between importers in metropolitan France. After analysing two further documents, namely the letter of 1 July 1987 and the judgment of the Tribunal de Commerce de Paris of 16 March 1990, the Court held that the various items in the case-file did not corroborate the conclusion that the economic operators in metropolitan France and in Martinique impugned in the various complaints had no autonomy or freedom of action (paragraph 55).
90 It must also be observed that the findings of the Tribunal de Commerce de Paris in its judgment of 16 March 1990 (see paragraphs 52 and 53 of the judgment in Asia Motor France II) have now been contradicted by the new evidence gathered by the Commission. 041b061a72