Translation of "Principal proceedings" in German

Principal proceedings in payment cases take between three to six months before Local Courts.

Apart from this, the applications in the principal proceedings are patently unfounded.

If principal proceedings are already pending, a preliminary injunction may be issued ex officio.

How high are court costs and attorney's fees for principal proceedings and enforcement proceedings in your country?

In order to protect the debtor from merely vexatious attachment orders, it is suggested that the creditor should be obliged to commence the principal proceedings within a specified time frame under a European system.

Parental consent generally can not constitute justification for these purposes, contrary to the position under the ECHR, whereas the best interest of the child is an overriding principal in proceedings again st structural discrimination.

The absence of any provision whereby violations of Articles 85 and 86 of the EC Treaty are classed as infringements and the fact that ndther the Compétition Council nor the Directorate-General for Competition and Prices is assigned any powers in terms of verification mean that the Portuguese authorities are unable in principal proceedings to find against agreements and abuses of a dcjminant position that are incompatible with the EC Treaty.

Pursuant to § 32(1) of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz – BVerfGG), the Federal Constitutional Court may, in a dispute – even before principal proceedings have been initiated – provisionally decide a matter by way of a preliminary injunction if this is urgently required to avert severe disadvantage, prevent imminent violence or for other important reasons in the interest of the common good.

Currently, there is no evidence available that, if the Act on Uniform Application of Collective Agreements remains in force until the Court decides the principal proceedings, the complainants will be unable to negotiate collective agreements in the longer term or that their existence will be threatened by losing too many members or with regard to their collective bargaining capacity (Tariffähigkeit).

On the applications for the issue of temporary injunctions, it is submitted that the weighing of consequences makes them necessary, because the ratification of the Treaties cannot be reversed under international law and Germany would be forced to disregard their binding effect under international law if the Federal Constitutional Court granted the applications in the principal proceedings.

A summary review of the legal position was required because with the ratification of the Treaties, the Federal Republic of Germany will enter commitments under international law whose cancellation would not be easily possible in the event that violations of the constitution should be established in the principal proceedings.

Regardless of the above considerations, it would not constitute a severe disadvantage to the applicant if laws that were formally unconstitutional were initially to remain in force until the applicant was ultimately granted the relief sought in the principal Organstreit proceedings.

If the application proves to be well-founded in the principal proceedings, the Federal Constitutional Court declares that the political party is unconstitutional, orders the dissolution of the party and the prohibition to establish substitute organisations.

To the extent that the applicants in proceedings 2 BvR 1421/12 object to euro rescue measures taken by the European Central Bank, in particular to the acquisition of government bonds on the secondary market, arguing that the measures, as what is known as " ausbrechende Rechtsakte ", transgress the framework of authorisation established by the German Acts of assent to the European Union Treaties, their application for a declaration to this effect is not encompassed by the application for the issue of a temporary injunction and therefore can only be reviewed in the principal proceedings.

The constitutional complaints of the Marburger Bund and Cockpit were combined with applications for a preliminary injunction requesting to suspend the Act on Uniformity of Collective Agreements until a decision is reached in the principal proceedings.

To the extent that they are to be considered here in the context of the applications for a temporary injunction, the applications in the principal proceedings will, on summary review, be unsuccessful for the most part.

The clarification of this question is reserved for the principal proceedings, as is the review of the submission that Bundestag members’ rights have been violated, which was made in the Organstreit proceedings but not included in the application for the issue of a temporary injunction.

Whether this guarantees with sufficient certainty that the Federal Republic of Germany can make all capital calls, including short-term ones (Article 9 (3 TESM) and exclude a loss of voting rights must be reserved for the decision in the principal proceedings.

It held that if a review in expedited proceedings for legal protection shows that a constitutional complaint would be clearly well-founded, and if a decision in the principal proceedings would evidently come too late, failure to grant that protection would result in a severe detriment to the common good.

First, the Federal Constitutional Court assesses in preliminary proceedings whether to open principal proceedings or whether to reject the application as inadmissible or as insufficiently substantiated.

Insofar it is decisive whether the disadvantages that are likely to occur if the act of Parliament remained in force, until a decision is rendered in the principal proceedings, are irreversible or very difficult to reverse.