Translation of "Gerichtlich geltend gemacht werden" in English

Any claim for damages may only be asserted in court within six months after detection of the damage.

Any action for indemnity by a person held liable under this Convention may be instituted even after the expiry of the limitation period provided for in paragraphs 1 and 2 of the present article, if proceedings are instituted within a period of 90 days commencing from the day on which the person instituting the action has settled the claim or has been served with process, or if proceedings are instituted within a longer period as provided by the law of the State where proceedings are instituted.

Legal proceedings in respect of the rights referred to in paragraphs 1 and 2 may be instituted only within a period of two years after the date on which the Community Patent Bulletin, referred to in Article 57, publishes the grant of the Community patent.

An action based on the liability of the carrier in case of death of, or personal injury to, passengers may only be brought against the carrier who is liable pursuant to Article 26(5).

When, in the case of carriage performed by successive carriers, the carrier who must deliver the luggage or the vehicle is entered with his consent on the luggage registration voucher or the carriage voucher, an action may be brought against him in accordance with paragraph 2 even if he has not received the luggage or the vehicle.

An action for the recovery of a sum paid pursuant to the contract of carriage may be brought against the carrier who has collected that sum or against the carrier on whose behalf it was collected.

To the extent that these Uniform Rules apply to the substitute carrier, an action may also be brought against him.

Claims relating to the liability of the carrier in case of death of, or personal injury to, passengers must be addressed in writing to the carrier against whom an action may be brought.

However, the directive merely requires Member States to adopt such measures as are necessary to enable consumers to exercise their rights effectively, without indicating the processes under which those rights are to be asserted in judicial proceedings, this being a matter for the internal legal order of each Member State.

An action for indemnity by a person held liable may be instituted after the expiration of the period provided in article 62 if the indemnity action is instituted within the later of:

Without prejudice to shorter legal periods all objection concerning the use of the services or of these general terms and conditions must be made within one year after the expiration or they are excluded in perpetuity.

Furthermore, claims of this type may only be enforced at law if asserted within six months of the damage in question becoming known.

Before the acceptance of the inheritance, a claim directed against the estate may not be judicially asserted against the heir.

Any claims for damages can only be legally asserted within six months after the rightful claimant became aware or was able to gain awareness of the damage, but no later than within three years after the event establishing the claim.

It is agreed that the right to warranty must be asserted in court within six months and the presumption of defectiveness upon delivery is not valid.

Every claim for compensation of damages can only be legally enforced within six months after the entitled party has gained knowledge of the damages, but no later than within three years after onset of the (primary) damages occurring after the event underlying the claim, provided no other expiration schedule has been established by law.

Furthermore, any liability for reimbursement for consequential damage, financial losses, lost profits and for third-party claims vis-Ã -vis the client is excluded.g) Any and all claims for damages arising from defects regarding delivery and/or performance shall – unless the defect was explicitly acknowledged by us -Â be filed at court within one year of the expiry of the contractually agreed warranty period, otherwise the claims are deemed to have lapsed.h) Sole responsibility for damages resulting from improper assembly or operation shall rest with the client.

This decision may therefore be invoked before Portuguese courts.

The right to reply may be enforced through the ordinary courts of law.

In the absence of such publicity, those prohibitions cannot be relied on before a national court.

In the above cases pecuniary claims may be recovered through court proceedings.

Article 119 of the Treaty is directly applicable and may be relied upon by individuals before the national courts against both public and private employers.

But the fact is that I asked a question on a concrete case of human rights, relating to the use of Euskera [Basque] - the so-called lingua navarrorum - in the Autonomous Community of Navarre, and the Commission replied that as language rights are a subject not in force in the Charter of Human Rights at a European level, complaints can only be made at the level of national institutions and courts.

When the EU is equipped with common citizenship, fundamental rights and a whole charter of rights that can be invoked directly before the courts, the character of the whole cooperative enterprise is altered, and every single provision of Title III is to be read in a new light and can acquire new significance.

Claimants may also decide to pursue their claims before the courts of the State where the damage occurred.

Since Article 119 of the Treaty is directly applicable and may be relied upon by individuals before the national courts against public and private employers, it does not permit any derogation from the principle of equal treatment.

Legally binding interpretations of Union law can only be given by the Court of Justice of the European Union.

Questions concerning the substance of the judgment and any change of circumstances may be raised only before the competent court of the Member State of origin.

However, according to a London School of Economics report prepared for the UK government19, this argument is misleading because "international commitments by the US to European investors can very well be made applicable in US courts and even confer right of action to individuals".

It might also be invoked before a national court called upon to draw all the consequences arising from the infringement of the last sentence of Article 88(3) of the EC Treaty.

By way of exception, objections relating to certain aspects of the enforcement procedure, in particular the amounts exempt from execution, have to be raised before the courts of the Member State of enforcement because it is that Member State which is in charge of the procedure.

With regard to the movement of capital between Member States and third countries, the Court points out, first of all, that the provisions on free movement of capital may be relied on before national courts and may render national rules that are inconsistent with them inapplicable, irrespective of the category of capital movement in question.

In 2 other Member States27 there is no specific legal guarantee period, but the consumer rights are limited by the prescription period (time limits in national legislations within which rights can be invoked in court).

While remedies for discrimination in individual cases are only available under national law and can only be claimed in national courts, it is the Commission’s role to scrutinise whether a complaint reveals incorrect transposition or application of the Directives by the Member State concerned.

Moreover, the Committee's guidelines, having no legal standing, cannot be relied upon by the parties involved in a court case.

Such rights or claims can only be pursued by the individual concerned through proceedings before national tribunals.

The Court also finds that, since the provision of the Authorisation Directive on the imposition of the fee is formulated in unconditional and precise terms, it may be directly relied upon by individuals before the national courts to dispute the application of a decision by a public authority that is incompatible with that provision.