Translation of "Nichtigkeit des vertrages" in English

The result is the nullity of the contract involved in the exchange for shares.

Sightseeing GmbH does not lead to the annulment of this contract.

The invalidity of few clauses does not render the entire contract void given that the clauses may be replaced by binding prescriptions of the law or if the transaction is supposed to have been concluded even without the void clauses.

In this respect, article 181 ofthe Greek Civil Code (GCC) provides that: "The nullity of a part entails the nullity ofthe act as a whole if it can be deduced that the act would not have been concluded within the void part".

Therefore, each party invoking the voidness of the entire contract because of the nonseverability of anticompetitive clauses has the burden of proving "that the contract would not have been concluded within the void clause".

It is therefore for the courts to determine whether partial nulhty ofthe contract makes it totally void.

12. If it turns out that out of a justified reason the claim is not balanced and / or it does not exist (e.g. omission of the cause of action, invalidity of the contract, bad performance, non-fulfilment etc.), infin receives a lump sum of € 15.00 (net) or the actually accrued expense for handling the respective claim.

Ineffective regulations do not lead to the invalidity of the contract if this can have continuance also without ineffective regulation.

The voidance of a contract shall not mean ipso facto invalidity of the arbitration agreement contained therein.

It covers the law of contract in a very broad sense, since it governs the interpretation of the contract and its performance or non-performance as well as its extinction and nullity.

It was subsequently contained in the Land use plan of Madrid (Plan General de Ordenación Urbana de Madrid, hereinafter: ‘PGOU’), which was approved on 17 April 1997 by the Madrid City Council and the Community of Madrid.

The EESC considers, however, that according to the Commission's own rationale, as expressed in its Green Paper on the Review of the Community Acquis, if any area justifies maximum harmonisation, it is precisely this one, because of the unique nature of the right in question and because of the major discrepancies at national level in the design and specific characteristics of its multifaceted legal nature, which has extremely divergent consequences in the different national legal systems, specifically as regards the minimum and maximum duration and the annulment, invalidation, termination or cancellation of contracts.

The Secretary-General sent the requested certified copies direct to Court of First Instance No 4 in Madrid,pointing out that in accordance with Article 10 of the EC Treaty, which lays down the principle ofconstant and sincere cooperation between the Community and the Member States with a view toachieving the objectives of the Treaty, the national courts of a Member State can apply direct to the Commission, as an institution of the European Community, without having to go through the nationalcourts of the Member State in which the Commission has its seat.

If part of an agreement is void, this does not nullify the agreement as a whole, unless the part that is void was intended by the parties to form an essential term on which the whole agreement depended, or if the various obligations laid down are inseverable.

As an example of the approach outlined at point (b), the local magistrate at Willebroek found for a defendant who argued that a beer supply contract was void in its entirety because an exclusive sales clause prohibited by Community law was a term upon which the existence of the contract depended (22.4.77, J.J.P., 1978, 69).

The infringement of a Community rule that has led to the annulment of a contract constitutes an unlawful act for purposes of Belgian law, and an injured party may claim damages as long as the necessary conditions are fulfilled (proof of damage and proof of causation). For example, a retailer was

Where a claim is brought under Articles 85 and/or 86, a declaration of nulhty with respect to the contract in question (or of specific clauses ofthat contract), or the prohibition ofthe abusive practice which results from the contract, is often sought, together with a claim for the recovery of monies paid under the void contract (which have resulted in the unjust enrichment ofthe party who received them).

The positive effects on competition of such a process were then considered on the basis of a type of "rule of reason" approach, in the light of which the vahdity ofthe agreement under EU competition rules was assessed by the judge.

However, such "cross-references" made by Italian judges should be construed, in our opinion, as quite clear hints that the term void under Article 85(2) should be construed to mean "nullity" rather than "annulability".

A further point to bear in mind is that Article 1419, 2nd para cc also states that "the nulhty of single clauses does not imply the nulhty ofthe contract when, by operation of law, mandatory rules are substituted for the void clauses".

In many ofthe cases it covers, however, the Civil Code is clearly based on the rule ofthe partial nullity of contracts, whereby even though a specific clause is void the others may nevertheless be binding in law.

The illicit or immoral cause attracts the absolute nullity of the contract if common or, in the contrary case, if the other party knew it or, as the case may be, should have known it.

For non-compliance with this duty or for untrue or incomplete data the Office will use the existing system of sanctions, such as fees, prohibiting participation in public procurement or applying for nullification of the agreement.