Translation of "Ermittlung des sachverhalts" in English

Article 67: The principles relating to the examination of facts need to be specified more clearly.

This phase of our investigation is a fact-finding mission.

The effectiveness of the principle of individual guilt is at risk if it is not ensured that the true facts of the case are determined.

Member States need not apply paragraph 1 to proceedings in which it is for the court or other competent authority to investigate the facts of the case.

Each party received an individual letter outlining the specific and detailed findings which led to the conclusion that the data provided could not be considered to be reliable and was not suitable to establish the facts necessary for the investigation.

Member States need not apply paragraph 1 to proceedings in which it is for the court or competent body to investigate the facts of the case.

As the Court of Justice has held, provision should therefore be made to ensure that the burden of proof shifts to the respondent when there is a prima facie case of discrimination, except in relation to proceedings in which it is for the court or other competent national body to investigate the facts.

Member States need not apply paragraph 1 to proceedings in which the court or competent body investigates the facts of the case.

In addition to investigating serious and very serious casualties, the investigative body referred to in Article 8 shall, having established the initial facts of the case, decide whether or not a safety investigation of a less serious casualty, marine incident or a distress alert shall be undertaken.

As in its earlier proposals, the Commission has not included the provision inserted by the Council in previous directives to the effect that Member States need not apply the shift of the burden of proof to proceedings in which it is for the court or competent body to investigate the facts of the case.

Oreja Aguirre, Member of the Commission. — (ES) The first paragraph of the Code of Conduct recently agreed by the Commission and Parliament after a long — and, in my view, fruitful — debate, which took place scarcely four weeks ago, and to which we dedicated more than ten hours, states that the Commission shall forward to Parliament all those legislative proposals, proposals drawn up in the framework of the budgetary procedure and documents relating to those proposals which it forwards to the Council.

Legislation which can annul discriminatory rules in contracts or collective agreements, internal rules of undertakings or rules governing the independent occupations and professions and workers’ and employers’ organisations is more common among the Member States.

In order to establish whether the facts were true, and to obtain additional information and any available evidence, the Commission considered it necessary that a simultaneous investigation should be made at the offices of three Euro-African ship ping conferences, including Ukwal.

And the most logical course is that the Community judicial authority should move forward in step with the progress achieved in constructing the Community, providing the support which, in any modern society, is required for the healthy functioning and the very survival of its judicial institutions.

This is the case in the Netherlands where the main equal treatment acts stipulate that ‘agreements’ which are in contravention of the equal treatment legislation shall be void.

In the latter case repugnance to torture demands that proof of facts should be found in more acceptable sources than information extracted by torture.

Paragraph 1 requires the European Patent Office to examine the facts of its own motion, while paragraph 2 allows the Office to disregard facts or evidence not submitted in due time.

The revenue authority shall use such evidence as it deems necessary at its duty-bound discretion to ascertain the facts of the case.

It should be noted, moreover, that the withdrawal of the appeal does not come under the category of "relief sought", within the meaning of Article 114(1), second part of sentence, EPC, to which the EPO would not be restricted in the examination of the facts, but constitutes a procedural act not requiring the consent of the relevant Board of Appeal (cf. point 3 above).

The Federal Council may enter into agreements with third countries and international organisations on cooperation in establishing the circumstances of cases.

Hence, the provision ensures that the true facts of the case become the basis of a court decision and it safeguards the unconditional neutrality of the court.

Nevertheless, Board 3.2.2 itself expresses doubts as to whether this principle does in fact provide such a legal basis, given that the principle is confined to examination of the facts.

In that case it was also held that, when the EPO investigates facts, it must do so in a wholly objective manner.

Therefore, one must also ensure compliance with the minimum procedural rights of the accused guaranteed under the rule of law and aimed at establishing the true facts of the case, rights that are necessary to ensure the effectiveness of the substantive component of the principle of individual guilt, in the extradition procedure determined by Union law that is triggered by a European arrest warrant (b).

These inherent difficultiesare particularly acute where SMEs operate in markets characterized by thepredominance of large companies, which may give rise to predatory behaviour. ]For these various reasons, it is clearly in the interest of SMEs thatcompetition policy is applied as consistently and effectively as possible, bothin the area of State aids and of the antitrust rules.

A State Party which has taken the measures referred to in paragraph 1 of this article shall immediately carry out a preliminary inquiry or investigations to establish the facts.

At this stage, the European Public Prosecutor would conduct the investigations needed to ascertain the truth, gathering all evidence that will help to prepare the case.