Voorbeelden van het gebruik van At last instance in het Engels en hun vertalingen in het Nederlands
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At last instance, DHL brought an appeal in cassation before the Cour de Cassation Court of Cassation, France.
In the words of that judgment,‘State liability can be incurred only in the exceptional case where the national court[adjudicates] at last instance.
before which the matter came at last instance, referred certain questions in that connection to the Court of Justice for a preliminary ruling.
the Okresný súd Prešov(District Court, Prešov) is ruling at last instance.
Hearing the case at last instance, the Oberster Gerichtshof(Supreme Court,
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.
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.
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.
The Cour de cassation, called upon to settle the issue at last instance, has asked the Court of Justice whether Google has committed a trade mark infringement by making available such keywords to advertisers
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.
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 principle appears to be applicable only in respect of courts ruling at last instance.
Several governments also argued that application of the principle of State liability to decisions of a national court adjudicating at last instance was precluded by the difficulty of designating a court competent to determine disputes concerning the reparation of damage resulting from such decisions.
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.
In order to determine whether the infringement is sufficiently serious when the infringement at issue stems from a decision of a national court adjudicating at last instance, the competent national court,
omission of a national court which, it appears, does not have to adjudicate 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,
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.
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
favour of Mr Occhetto, contrary to the decision of the Consiglio di Stato, which, at last instance, had upheld Mr Donnici's mandate.
Community law precludes national legislation which excludes State liability, in a general manner, for damage caused to individuals by an infringement of Community law attributable to a court adjudicating at last instance by reason of the fact that the infringement in question results from an interpretation of provisions of law
It follows from the foregoing that the principle according to which 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 where the alleged infringement stems from a decision of a court adjudicating at last instance.
its application with a view to establishing possible State liability owing to a decision of a national court adjudicating at last instance, regard must be had to the specific nature of the judicial function
suffered has specifically been identified by the Court(47) and is undeniably linked to the need for there to be a legal decision given by a court adjudicating at last instance.
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.
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.
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.
be weakened if individuals could not, under certain conditions, obtain compensation for damage caused by an infringement of Community law attributable to a court of a Member State adjudicating at last instance.
the principle of State liability inherent in the Community legal order must apply in regard to decisions of a national court adjudicating at last instance, it is for the Member States to enable those affected to rely on that principle by affording them an appropriate right of action.
party at the same time, nor can the liability of the Member States be incurred in respect of damage caused by a court adjudicating at last instance.