Examples of using Seised in English and their translations into German
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Political
The court seised of an application for an EAPO shall examine whether the requirements set out in Articles 2, 6, 7 and 8 are met.
Continued I paragraph of Article 22 that the German court-which had been seised at a later date- should decline jurisdiction.
If the courts are not seised by that time, the court which has been seised shall continue to exercise jurisdiction in accordance with Articles 8 to 14.
The competent court in accordance with Article 4 shall set a deadline by which the courts of the Member State whose lawhas been chosen must be seised in accordance with paragraph 1.
Under the Hague Convention, the court seised but not chosen must dismiss the case unless one of the exceptions established by the Convention applies.
People also translate
The courts of the Member State whose law has been chosen shall declare themselves competent within amaximum period of eight weeks from the date on which they were seised in accordance with paragraph 2.
Therefore, if the Landgericht Duisburg had been first seised, the English proceedings would have been stayed only insofar as they related to those three invoices, but not otherwise.
The court of the Member State having jurisdiction as to the substance of the matter shall set a time limit by which the courts of thatother Member State shall be seised in accordance with paragraph 1.
During the period of the stay, the party who has seised the court in the Member State shall not lose the benefit of interruption of prescription or limitation periods provided for under the law of that Member State.
It may at least partly reduce the needfor“rush to court”(example 5), since any court seised would apply the divorce law designated on the basis of common rules.
The claimant shall inform the court seised with the application for an EAPO about any other EAPO or protective measure under national law issued pursuant to the application referred to in paragraph 1.
In that case, the party who brought the relevant action Ö proceedings Õ before the court Ö authority Õ second seised may bring that action Ö those proceedings Õ before the court Ö authority Õ first seised.
However, that fact is not such as to call in question the application of the procedural rule contained in Article 21 of the Convention, which is based clearly andsolely on the chronological order in which the courts involved are seised.
The decision concerning detention shall be taken by the court seised with the case and, in respect of preparatory proceedings, by the judge at the Local Court in whose district the public prosecution office conducting the proceedings is located.
The exclusive jurisdiction in matters relating to immovable property attributed by the Brussels I Regulation to the courts of a Member State is not affected by the fact that thecourt of another Member State was first seised.
According to Article 2 of the present decision,legal actions of which national courts have been seised at the time when the conferral of jurisdiction on the Court of Justice will take effect will be decided by the competent national courts.
The court seised of an application in accordance with this Article may stay the proceedings if an ordinary appeal has been lodged against the judgment in the Member State of origin or if the time for such an appeal has not yet expired.
The introduction of harmonised conflict-of-law rules should greatly reduce the risk of a rush to court,since any court seised in one of the participating Member States would apply the law designated on the basis of common rules.
Upon request by any other court seised of the dispute, the court first seised shall inform that court of the date on which it was seised and of whether it has established jurisdiction over the dispute or, failing that, of the estimated time for establishing jurisdiction.
Where the EAPO was issued pursuant to Section 1 of Chapter 2,the costs of the proceedings shall be awarded by the court seised with the proceedings on the substance or by the court setting aside the order pursuant to point(b) of Article 34(1) or Article 352.
As regards the assessment of the damage, have you experienced difficulties in practice in getting a court to assess the damage suffered because, for example, the counterfeit or pirated goods were bound for another Member State andwere simply crossing the territory of the State in which the court was seised?
The action for compensation was dismissed by all the Italian courts seised of the case, namely, at first instance, the Tribunale di Napoli, then, on appeal and on appeal in cassation, the Corte d'appello di Napoli and the Corte suprema di cassazione.
Once the Court of Justice had ruled that the concept of lis pendens covered the case there in issue, all that remained was to determine which of the two courts(the Tribunale di Roma or the Landgericht Flensburg)had first been seised and consequently had jurisdiction to deal with the subsequent action.
Where the Civil Service Tribunal andthe Court of First Instance are seised of cases in which the same relief is sought, the Civil Service Tribunal shall decline jurisdiction so that the Court of First Instance may act on those cases.
If a judgment given on the claim in a third State would not be entitled to recognition andenforcement in the Member State of the court seised under the law of that State and such recognition and enforcement is necessary to ensure that the rights of the claimant are satisfied;
Where a court Ö anauthority Õ of a Member State is seised of a case over which it has no jurisdiction under this Regulation and over which a court Ö an authority Õ of another Member State has jurisdiction by virtue of this Regulation, it shall declare of its own motion that it has no jurisdiction.
A court of a Member State can exceptionallystay proceedings if a non-EU court was seised first and it is expected to decide within a reasonable time and the decision will be capable of recognition and enforcement in that Member State.
Cases referred to in Article 3 of which the Court of Justice is seised on the date on which that Article enters into force but in which the preliminary report provided for in Article 44(1) of the Rules of Procedure of the Court of Justice has not yet been presented shall be referred to the Court of First Instance.
