Translation of "Klagenden partei" in English

The Directive provides for a shift in the burden of proof in judicial proceedings, thereby strengthening the hand of the complainant.

The general principle with regard to the burden of proof ’actori incumbit probatio’(the burden ofproof lies with the plaintiff) normally presents insurmountable problems in discrimination cases.

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Where the plaintiff is a poor local community and the accused party a powerful international hotel group backed by a national government, the power differentials make the submission of a joint complaint untenable in the majority of cases.

The attorney of the plaintiff stressed that the creation of this lawsuit illustrates that Jiang Zemin can’t escape the penalty of genocide.

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However, complaints must be submitted jointly by the plaintiff and alleged offender.

This opinion was also followed by the European Court, and they therefore rejected the complaint against the decision of the Harmonization Office, with full costs awarded against the complaining party.

Conse­quently, in order to ensure the effectiveness of existing legislation on this matter the Commission proposes that the burden of proof on the complainant be limited to establishing a rebuttable presumption of discrimination. The evidential burden then shifts and the respondent is required to rebut the presumption.

The court subsequently invited the party claiming an indemnity to adduce the necessary evidence.

The plaintiff may combine two or more claims against the same party in one action, if:

The suing party is entitled to alternatively bring the matter instead before the court of arbitration of the chamber of trade in Hamburg.

However, if no provision is made as to the forum, or if an agreement as to the jurisdiction of such courts is not effective for reasons other than the fault of the party bringing legal action against the Fund, then such action may be brought before a competent court in the place in which the Fund has its headquarters or has appointed an agent for the purpose of accepting service or notice of process.

Further, it is for the Member States to introduce, at any appropriate stage of the proceedings, rules of evidence which are more favourable to plaintiffs.

The latter often has to overcome consider­able difficulties in proving the discrimi­nation of which he/she claims to be the victim, such as the actual proof being in the hands of the respondent party, or the existence of widespread prejudice.

However, Community law does not require national courts to raise of their own motion an issue concerning the breach of provisions of Community law where examination of that issue would oblige them to abandon the passive role assigned to them by going beyond the ambit of the dispute defined by the parties themselves and relying on facts and circumstances other than those on which the party with an interest in application of those provisions bases his claim (7).