Примери за използване на State liability на Английски и техните преводи на Български
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State liability- damages.
Concept of court's fault in state liability action for infringement of European Union law.
State liability in tort for breach of EU law.
(2) For the unsettled matters on property responsibility shall be applied the provisions of the Law on the state liability for damages inflicted on citizens.
The State Liability for Damages.
The Commission recognises that cross-border investors might face difficulties in claiming State liability due to the diversity of national procedural laws.
State liability for violations of EU Law.
The lack of clarity ledto disputes on the jurisdiction and disputes whether the claim had to be lodged under the State Liability Act or under the Obligations and Contracts Act.
State liability for the violation of EU law.
As far as alleged losses resulting from the travel ban were concerned,the court found that the prohibition on the applicant leaving Bulgaria was lawful and no issue of State liability arose.
State liability for acts and omissions in the exercise of state authority.
The Commission is in the process of finalising its work explaining the principle of State liability for breach of Community law, which could help citizens to obtain reparation in the national courts.
(46) In addition to State liability, there is also the option of bringing an action for a declaration of a failure to fulfil obligations pursuant to Article 258 TFEU.
However, the case-law of the Court does not only establish the principle of such liability, butalso sets out a number of minimum requirements for extra-contractual State liability for violation of EU law 117.
(22) State liability for loss or damage caused by a decision of a national court adjudicating at last instance which infringes a rule of EU law is governed by the same conditions.(23).
In theory, any decision of a national court which infringes EU law may potentially incur State liability, it is, nevertheless, not always sufficient in every case for that liability to be incurred.
Do the provisions of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids that are applicable to the present caseconfer rights on individuals, that is to say, is the corresponding requirement for State liability met?
Stanislav Kostov is experienced in cases before Bulgarian courts related to the State liability for damages caused by breach of EU Law, as well as in cases focused on the financial corrections in the field of the operational programmes financed by the EU.
Regulation(EU) 805/2004 establishing an EEO applies to all civil and commercial cases, except tax, customs and administrative cases,as well as the procedure regarding the state liability for actions and omissions during the exercising of its sovereign power.
The possibility cannot, therefore, automatically be excluded that,generally speaking, State liability is incurred for an infringement of EU law arising out of an act or omission of a national court, whatever its nature or position in the judicial organisation at issue.
Reiterates that states can bring other states before the International Court of Justice for violations of international treaties, such as the UnitedNations Convention against Torture, in order to establish state liability as an indirect means for judicial determination of individual criminal responsibility at a later stage;
Member State liability for damage caused to individuals as a result of a breach of EU law by a decision of a national court may be incurred only where that decision is made by a court of that Member State adjudicating at last instance, which it is for the referring court to determine in respect of the main proceedings.
Thus, the principles of effectiveness(114) and equivalence,(115) the right to effective legal protection(116)and the principle of State liability for breach of EU law(117) are all tools that come into play only when domestic rules prove inadequate.
In other words, there is an infringement of EU law sufficient to establish State liability owing to damage caused by a judicial decision only in a situation that reflects the failure of a judicial system taken as a whole, that is to say, when the court adjudicating at last instance has been unable to ensure effective protection for a right conferred by EU law.
(21) Although the conditions for liability to be incurred identified by the Court are necessary andsufficient to create a right for individuals to obtain compensation, State liability may conceivably be incurred in less restrictive circumstances on the basis of national law.
Although there may have been some doctrinal debate as to whether State liability could be established as a consequence of decisions of national courts not necessarily ruling at last instance,(15) I think it is apparent from now settled case-law of the Court that the establishment of that liability is clearly limited to omissions of national courts whose decisions are not open to ordinary appeal.
The Kammergericht is uncertain, however, whether the refusal of legal aid to DEB for the pursuit of an action seeking to establish State liability under EU law might be inconsistent with the principles of that law, in particular with the principle of effectiveness.
In conclusion, State liability for damage caused to an individual by an infringement of EU law committed by a national court can be incurred only in the exceptional case in which that court adjudicates at last instance, which, in the case in the main proceedings, it is for the national court to ascertain, taking into account the particular circumstances of those proceedings.
In the case of damage resulting from non-performance or delayed performance of obligations by the state ormunicipal administration or by the courts, the State Liability for Damages Act provides for special rules with regard to the compensation of the affected persons- both legal or natural persons.
Does the legal consequence of infringement of the prohibition of discrimination in that case follow from European primary and/or secondary law itself,here in particular Directive 2000/78/EC, or does the claim follow only from the point of view of failure to implement the rules of European law in accordance with the claim to State liability under European Union law?