Translation of "Erstinstanzliche entscheidung" in English

Finally, each applicant may individually lodge an appeal against the decision of the first instance.

Each is entitled to appeal separately against the decision of the first instance.

By a judgment of 28 September 1979, the Cour d'Appel, Paris, upheld the judgment of the lower court.

The Court of First Instance's ruling on the Council of Ministers' documents, the provisions of the Treaty of Amsterdam and new methods for the Council of Ministers' work are all examples of this.

Access to the labour market shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect is being examinedhas been lodged or a decision has been obtained allowing the applicants have obtained a decision allowing them to remain on the national territoryin the Member State in which the application has been lodged or is being examined for the time their an appeal against a first instance negative decision is examined.

Access to vocational training shall not be withdrawn for the sole reason that an application has been rejected if an appeal with suspensive effect is being examinedhas been lodged or a decision has been obtained allowing the applicants have obtained a decision allowing them to remain on the national territoryin the Member State in which the application has been lodged or is being examined for the time their an appeal against a first instance negative decision is examined.

Member States shall ensure that applicants have access to the labour market no later than 9 months from the date when the application for international protection was lodged if a first instance decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.

Member States should endeavour to identify applicants in need of special procedural guarantees before a first instance decision is taken.

In the first proposal each applicant for asylum coming to the EU would in principle have the opportunity to present his case in a personal interview before a first instance decision is taken by the authorities.

It is therefore proposed that first, these measures will cease to apply unless proceedings are instituted before the courts having jurisdiction as to the substance of the matter within one month, and second, that these measures may then be overruled by a decision (at first instance) of the court having jurisdiction as to the substance of the matter.

Under Article 10 of the Consumer Protection Law No. 29 of 22 August 1981, a consumer seeking legal redress for losses or damage caused by a violation of this law, or of its implementing decisions, is exempted from the requirement to make a pre-payment of costs, provided that the sum involved does not exceed the jurisdiction of the court of first instance.

Member States shall ensure that applicants have access to the labour market no later than 9 ð 6 ï months from the date when the application for international protection was lodged if a first instance ð an administrative ï decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.

The obligation concerns the right to remain pending the decision taken in first instance.

By decision of the Unabhängiger Verwaltungssenat Wien of 12 October 1999, Mr Haug was convicted, as representative of Renatura Naturheilmittel GmbH, a company incorporated under Austrian law established in Vienna (Austria), on the ground that that company had placed on the market 240 packages of a product called 'Renatura Kürbiskernkapseln mit Vitamin E, Blase und Prostata' ('Renatura pumpkin seed capsules with Vitamin E, bladder

Taking the view that the defence plea alleging extra-judicial set-off effected by Basch in the Netherlands was capable of giving rise to lis pendens in regard to the two actions, the Oberlandesgericht set aside the first-instance decision in so far as it dismissed Basch's application for a stay on the basis of Article 21 of the Convention.

On appeal the Tribunal d'arrondissement (District Court) (Luxembourg) confirmed the decision at first instance, holding, contrary to the interpretation put forward by Design Concept, that the services supplied by Flanders Expo are not advertising services and that the general rule on the place of taxation laid down in Article 9(1) of the Sixth Directive is applicable.

The action was unsuccessful, and the Commune de Mesquer appealed to the Cour d’appel de Rennes (Court of Appeal, Rennes), which by judgment of 13 February 2002 confirmed the decision at first instance, taking the view that the heavy fuel oil did not in this case constitute waste but was a combustible material for energy production manufactured for a specific use.

In this case the Oberlandesgericht München in an order of 30 November 1979 (see 1­34 — ? 4 infra) had set aside the judgment at first instance authorizing the enforcement of a judgment given by a court in Merano, Italy, on 28 March 1978, because admissible de­fences pleaded by the defendant to the claim had been disregarded.

If the court refuses to accede to a request for reference to the Court of Justice, the only alternative for the parties is to appeal in the hope that the appeal court or the Court of Cassation will itself seek a preliminary ruling from the Court of Justice, or reverse or quash the decision.

On appeal from the judgment of the court of first instance, the Court of Appeal of the Central Commission for the Navigation of the Rhine affirm­ed the jurisdiction of the Rhine Navigation Court, but held that it had been wrong to base its jurisdiction on Article 5 (3) of the Brussels Convention.

Opening a fresh case ex officio would be going beyond the judicial task of the Board to examine the first-instance decision.

The applicant's request "to render a decision on the record" was not to be construed as a waiver of the right to a fully reasoned first-instance decision, even in the light of the suggested procedure in the Guidelines (see T 1309/05, T 583/04).

This applied in particular when, as in this case, the decision to remit was made not by the board of appeal but by the examining division, because the first-instance administrative decision – unlike the final decision of a judicial body – did not have true res judicata effect.

In T 1077/06, the board could not identify a legal basis in the EPC from which it could be concluded that a party, appealing against a decision of a department of first instance, which had been taken in violation of its right to be heard, had retrospectively abandoned its right to be heard before the department of first instance when it did not appear at oral proceedings before the department of second instance.

Keywords: Decision of first instance not taken on text submitted by applicant - substantial procedural violation (yes)

In T 1170/05 one of the examiners had died and so the decision of the first instance bore the signatures of only two of the three members of the division, the chairman signing on behalf of the deceased examiner.

The Nullity Department therefore made use of the possibility for revoking the patent ex officio even after appeal proceedings had declared their (first) decision in first instance as "without effect".