Examples of using At last instance in English and their translations into Swedish
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Those conditions, which also apply where a national court adjudicating at last instance infringes a rule of Community law.
In the words of that judgment,‘State liability can be incurred only in the exceptional case where the national court[adjudicates] at last instance.
National courts may there exists the possibility(and at last instance must) make a reference to the ECJ under Article 234.
regulations is the exclusive competence of national courts and, at last instance, of the Court of Justice.
the decision of a court adjudicating at last instance such as the Verwaltungsgerichtshof cannot found an obligation to afford reparation as against the State.
The Member States are obliged to make good damage caused to individuals by infringements of Community law attributable to national courts adjudicating at last instance.
That remark is even more apposite in the case of courts adjudicating at last instance, which are responsible,
As the Court has held, State liability can be incurred only in the exceptional case where the national court adjudicating at last instance has manifestly infringed the applicable law.
Hearing the case at last instance, the Oberster Gerichtshof(Supreme Court, Austria)
State liability for loss or damage caused by a decision of a national court adjudicating at last instance which infringes a rule of Community law is governed by the same conditions.
the Okresný súd Prešov(District Court, Prešov) is ruling at last instance.
it was called upon to adjudicate at last instance in the enforcement proceedings at issue in the main proceedings.
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 court is not called upon to rule at last instance.
that a court adjudicating at last instance is by definition the last judicial body before which individuals may assert the rights conferred on them by Community law.
It follows that the principle of res judicata does not preclude recognition of the principle of State liability for the decision of a court adjudicating at last instance.
However, it should be borne in mind that recognition of the principle of State liability for a decision of a court adjudicating at last instance does not in itself have the consequence of calling in question that decision as res judicata.
from subsequent case-law(10) that, in such a configuration, the principle appears to be applicable only in respect of courts ruling at last instance.
The Republic of Austria claims in particular that a re-examination of the legal appraisal by a court adjudicating at last instance would be incompatible with the function of such a court since the purpose of its decisions is to bring a dispute to a definitive conclusion.
The possibility that under certain conditions the State may be rendered liable for judicial decisions contrary to Community law does not appear to entail any particular risk that the independence of a court adjudicating at last instance will be called in question.
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
Certain of the governments which submitted observations in these proceedings claimed that the principle of State liability for damage caused to individuals by infringements of Community law could not be applied to decisions of a national court adjudicating at last instance.
that that liability may be established only in the exceptional case in which the national court at issue adjudicates at last instance, it must be established whether that court has manifestly infringed the law applicable.
In fact, the essential role played by the judiciary in the protection of the rights derived by individuals from Community law would be weakened if individuals were not able, under certain conditions, to obtain reparation for damage caused by an infringement of Community law attributable to a court of a Member State adjudicating at 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 judicial protection if a national court adjudicating at last instance committed a manifest error in its review of the above operations of legal classification of facts.
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,
The case-law of that court shows that such reparation may also be granted when the infringement stems from a decision of a national court adjudicating at last instance see ECt. HR, Dulaurans v France,
does not have the requisite manifest character for liability under Community law to be incurred by a Member State for a decision of one of its courts adjudicating at last instance.
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,
court adjudicating at last instance is by definition the last judicial body before which individuals may assert the rights conferred on them by Community law'
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.