Examples of using Last instance in English and their translations into Slovenian
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The best option- to make furniture in the room,the repair of which is scheduled in the last instance;
This is the last instance of colonialism in Africa, and the international community cannot continue to remain silent.
WARNING- duplicate<groupid><srvid> are not allowed anymore- only the last instance will be used!
Acting as second and last instance for appeals of third parties to ECB Decisions adopted by the Executive Board;
However, it is not clear from the documents submitted to the Court whether or not, in the main proceedings, the Okresný súd Prešov(District Court, Prešov)is ruling at last instance.
Last instance courts(those whose judgments cannot be appealed) are obliged to refersuch questions to the ECJ.
Appeal in cassation isonly possible against judgments delivered at last instance, that is to say, decisions against which it is no longer possible to lodge an ordinary appeal.
In the present case, it is apparent from the questions referred for a preliminary ruling that the main proceedings concern a situation in which the national courtis not called upon to rule at last instance.
That remark is even more apposite in the case of courts adjudicating at last instance, which are responsible, at national level, for ensuring that rules of law are given a uniform interpretation.
It concluded that the right to an effective remedy, enshrined in Article 47 of the Charter, requires that an appeal against a visa refusal, annulment or revocation, includes access to a judicial body,as only or last instance of appeal.
Even ifthe Østre Landsret were not ruling at last instance, Article 6(1) of the Parallel Agreement would not preclude its capacity to refer, as follows from the background to the provision and the wording and aim of that agreement.
By that request, the national court was invited to state whether, and if so in what circumstances,it was called upon to adjudicate at last instance in the enforcement proceedings at issue in the main proceedings.
The first aspect concerns the question whether, in situations such as that in this case, the Member State may incur non-contractual liability for an infringement of EU law because of an act or omission of a national court which, it appears,does not have to adjudicate at last instance.
If the national court must be regarded, in connection with the main proceedings,as a court adjudicating at last instance, the question would then arise of the extent to which it has committed a sufficiently serious infringement of a rule of law intended to confer rights on individuals.
Therefore, the Constitution leaves the first supervision over elections to the National Assembly, and against the decision thereof allows an appeal before the Constitutional Court,which thereby becomes the election judge at the first and last instance(the third paragraph of Article 82 of the Constitution).
If it is a constant law that, for example, the cost of production in the last instance- or rather when demand and supply are in equilibrium which occurs sporadically, fortuitously- determines the price(value), it is just as much a constant law that they are not in equilibrium, and that therefore value and cost of production stand in no necessary relationship.
In light of the request of the applicant for a review of the constitutionality of the RPIA, the Constitutional Court only carried out a review insofar as it refers to a referendum dispute before the Supreme Court, which is competent to decide on areferendum dispute as a regular court of the first and last instance.
Were State liability to be wholly excluded by reason of the assessments of facts carried out by a court, those individuals would have no judicialprotection if a national court adjudicating at last instance committed a manifest error in its review of the above operations of legal classification of facts.
If that is the case,a decision by that national court adjudicating at last instance may constitute a sufficiently serious breach of EU law, capable of giving rise to that liability, only where, by that decision, that court manifestly infringed the applicable law or where that infringement takes place despite the existence of well-established Court case-law on the matter.
On the other hand, such an omission may be classified as a sufficiently serious infringement when, in spiteof the information brought to its attention, either by the consumer himself or by other means, the court called upon to adjudicate at last instance has failed to raise of its own motion the unfairness of a contractual term contained in such a contract.
(2) In order for failure by the court adjudicating at last instance in enforcement proceedings to assess the unfairness of a contractual term under Directive 93/13 to be classified as a sufficiently serious infringement such as to give rise to State liability, account must be taken of all the factual and legal elements brought to its attention by the date on which it gives its ruling.
Operative part of the judgment 1. 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 acourt of that Member State adjudicating at last instance, which it is for the referring court to determine in respect of the main proceedings.
With the judgment in question, the Court of Justice clearly takes the position that the infringement of the obligations under Article 267(3)TFEU by the court deciding at last instance actually constitutes the failure to fulfil obligations by the Member State in which the national court has acted this way, for which liability of the Member State may be established under the procedure from Article 258 TFEU.
In that regard, the Court has held, as I also stated in point 54 of this Opinion, that the principle that the Member States are liable to afford reparation of damage caused to individuals as a result of infringements of Community law for which they are responsible is also applicable when the alleged infringementstems from a decision of a court adjudicating at last instance.
Accordingly, if it is possible, under the applicable national law,for the liability of courts not adjudicating at last instance to be incurred for infringement of the applicable national rules of law, that possibility should also be open in the same circumstances for the situation in which the national court has infringed the rights of individuals under EU law, and, in particular, those deriving from Directive 93/13.
Analogous considerations linked to the need to guarantee effective judicial protection to individuals of the rights conferred on them by Community law similarly preclude State liability not being incurred solely because an infringement of Community lawattributable to a national court adjudicating at last instance arises from the interpretation of provisions of law made by that court.
Thus far it has only occurred once that in constitutional complaint proceedings the ConstitutionalCourt alone decided as the court of first and last instance(in my opinion, that was in fact unconstitutional, because the Constitutional Court had the possibility to first establish judicial protection), without such power being conferred thereon by the Constitution or a law(or the manner of execution of a decision of the Constitutional Court, which has the force of a law).
In addition, the uncertainties thus surrounding the disputed national provisions are also liable to have an effect on the working of the system of judicial cooperation embodied by the preliminary ruling mechanism provided for in Article 267 TFEU, the keystone of the EU judicial system, for which the independence of the national courts,and particularly those ruling at last instance, is essential.
The right to reimbursement of the advance payment illegally made is restricted by limiting the tax credit to the amount of the dividend redistributed in France which comes from a subsidiary established outside France, and whereas the Conseil d'État,administrative court adjudicating at last instance, established those restrictions without asking the Court of Justice for the purposes of determining the compatibility of those restrictions with EU law.
However, that does not mean that, as a result, the Constitutional Court may assume the powers of the Supreme Court by finding that the judicial protection expressly regulated by law is ineffective, and instead of supervising the judiciary as the last court in the state on the basis of a constitutional complaint, namely whether the judiciary observes human rights and fundamental freedoms when adjudicating,it itself adjudicates as the court of first and last instance.