Translation of "Gerichtliche feststellung" in English

It is necessary to establish that the definition of ‘First administrative or judicial finding of fact’ is taken from Article 35 of Council Regulation (EC) No 1290/2005 relating to the financing of the common agricultural policy [10].

It is necessary to align the definition of ‘first administrative or judicial finding of fact’ to the one included in Commission Regulation (EC) No 1681/94 of 11 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field [5].

The ASC can also request a declaration of non-compliance by the courts, initiate other judicial proceedings and conduct investigations which can result in the imposition of a variety of sanctions.

To enable a coherent application of the reporting requirements across the Member States it is necessary to define the term ‘suspected fraud’, taking into account the definition of fraud contained in the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests [9], and the term ‘primary administrative or judicial finding’.

The IPA II beneficiary shall report suspected fraud and other irregularities which have been the subject of a primary administrative or judicial finding, without delay, to the Commission and keep the latter informed of the progress of administrative and legal proceedings.

To enable a coherent application of the reporting requirements across the Member States it is necessary to define the term ‘suspected fraud’, taking into account the definition of fraud contained in the Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests [8], and the term ‘primary administrative or judicial finding’.

For the purposes of this Chapter the primary administrative or judicial finding means the first written assessment, whether or not internal, of a competent authority, either administrative or judicial, concluding on the basis of actual facts that an irregularity has been committed, without prejudice however to the possibility that this conclusion may subsequently have to be adjusted or withdrawn as a result of developments in the course of the administrative or judicial procedure.

It is necessary to specify that the definition of ‘first administrative or judicial finding’ is taken from Article 35 of Regulation (EC) No 1290/2005.

Article 169 governs the judicial finding of an infringement of the Treaty by Member States.

If the father is not willing to acknowledge paternity, the mother can apply to have paternity established by judicial decree at the family court, or Familiengericht.

The assumed infringer of a patent (seeD?I, 5) may file notice of intervention in the opposition proceedings within three months of the date on which infringement proceedings were instituted against him or on which he instituted proceedings for a court ruling that he is not infringing the patent.

Under certain conditions (seeD?VII, 6) any third party who proves that proceedings for infringement of the opposed patent have been instituted against him or that the proprietor of the patent has requested him to cease alleged infringement of the patent and that he has instituted proceedings for a court ruling that he is not infringing the patent may, after the opposition period has expired, intervene in the opposition proceedings.

Moreover, it can unfold advance effects (Vorwirkungen) that impair fundamental rights because the threat that a trade union’s own collective agreement may be supplanted as well as the determination by a court that a union is the minority in a company can weaken the trade union with regard to its membership recruitment or with regard to its ability to mobilise for taking measures in labour disputes and can influence decisions regarding that trade union’s tariff-related approach or strategy.

In Spain, i mminent judicial notice provides formal prior notice to individuals that criminal charges against them are pending in the near future.

In preparation for the Munich Diplomatic Conference in 1973, the Swiss delegation proposed a separate possibility to intervene in a situation where no infringement action had been instituted by the patentee but he had requested - for example in an ordinary letter - a third party to stop infringing the patent and the third party had initiated proceedings for a court ruling that he was not infringing the patent (M/31, 28 May 1973).

True enough, Picquart has a right to have the truth spread on the records of the courts. But our good friend Picquart should not forget that the truth is not only a concern of Col. Picquart, but of the whole of humanity.

Bayer amended the complaint to now seek a declaration by the court that the seven other patents by Nektar are not infringed by BAY 94-9027.

The determination of the majority in court proceedings pursuant to § 2a(1) no. 6, § 99 ArbGG bears the risk that the trade unions’ number of members is disclosed to the employer.

Bayer amended the complaint to now seek a declaration by the court that the seven other patents by Nektar are not infringed by BAY 94?9027.

The same shall apply in respect of any third party who proves both that the proprietor of the patent has requested that he cease alleged infringement of the patent and that he has instituted proceedings for a court ruling that he is not infringing the patent.

The administrative complaint, filed on behalf of the son of an innocent Somali herdsman killed in an attack on February 24, 2012, calls for a judicial declaration that Germany has committed these violations.