Translation of "Schaden nachweisen" in English

Community law does not preclude the applica­tion, in proceedings for the recovery by the authorities of the Member States of sums paid in error as export refunds to traders, of a principle of legal certainty

No liability under this Convention shall attach to an operator if he proves that the nuclear damage is directly due to an act of armed conflict, hostilities, civil war or insurrection.’

As Article 19(2) states, the operator who has caused damage must prove that it was caused prior to the entry into force of the directive, and is thus not covered.

There remains a perception on the part of some consumer representatives that consumers are unfairly disadvantaged by the burden of having to prove defect and/or causation in product liability claims.

When patients have to prove the harm of a faulty medical device, the manufacturer should make available to the patient (and/or the payer liable for the cost of treatment) all necessary documentation and information regarding safety and efficacy of the device in question.

When patients have to prove the harm of a faulty medical device, the manufacturer should make available to the patient (and/or the payer liable for the cost of treatment) all necessary documentation and information regarding safety and efficacy of the device in question.

When patients have to prove the harm of a faulty medical device, the manufacturer should make available to the patient (and/or the payer liable for the cost of treatment) all necessary documentation and information regarding safety and efficacy of the device in question.

When patients have to prove the harm of a faulty medical device, the manufacturer should make available to the patient (and/or the payer liable for the cost of treatment) all necessary documentation and information regarding safety and efficacy of the device in question.

The person claiming compensation must prove the existence of an unlawful act, of damage, and ofthe causal link between the two.

If he can show damage, and that the damage was caused by the polluting discharge, he will usually have established civil liability, in English law tortious liability, and would be well-advised to sue the polluter in the civil courts.

In order that owners and individuals can prove the losses they have suffered and suspected perpetrators can be brought to justice, it is important to ensure continuous surveillance of the areas mentioned above in first class picture quality.

Should the customer be wholly or partly in default of payment, notwithstanding all our other rights, he shall pay delay interest at an annual rate of 8% above the BGB base rate from this date unless we should prove higher damages.

For each formal demand sent to the purchaser after he has fallen into default, a reminder fee of at least 5 CHF will be charged unless the purchaser is able to prove that we have suffered a lesser amount of damage.

If the purchaser does not fulfill his obligation to accept delivery, Virthos is permitted to demand, without documentation, damages of ten percent of this amount unless the purchaser can show evidence of lesser damages.

This will be increased if we can demonstrate higher loss, and lower if the customer can demonstrate lower loss.

The burden of proof lies with the injured person, that is, they must prove there is damage, that the product is defective and that there is a causal link between the defect and the damage.

If Mineralienzentrum or REDGALLERY furnish proof of the fact that the damage it sustained is greater or if the Contract Partner should furnish proof of the fact that the damage sustained is lower or even that no damage whatsoever was incurred, the damage compensation charged will be higher or lower, respectively.

In the event the SCMT defaults on project-services, the principal shall be entitled - as far as he proves that he has suffered damages therefrom - to claim compensation in the amount of 0.5% for every accomplished week of delay, totaling however not more than 5% of the total payment for that part of the service not timely completed.

The sum of indemnity can be set higher of lower, if we can account for a higher sum and the purchaser can account for a lower sum.

To get that kind of order, we must prove irreparable harm.

Voxtronic is at liberty to assert further damages upon demonstration.

It will cover a maximum of 100% of the damages that can be proved to have been caused by the floods.

Exempt from this are only damages that were caused intentionally or through gross negligence.

Patients who have suffered "silent" infarcts who undergo brain imaging tests prove to have neurological and neuropsychological damage.

If the damage we suffered is demonstrably higher, we are entitled to demand the higher amount.

Compensations for unforseeable damages presume the proof of deliberate or gross negligence in the violation of the contract.

For example, the outbreak of foot and mouth disease in the UK last year, which caused such enormous losses to both the farming and non-farming community, is reliably known to have originated from swill feeding.

It is the responsibility of Member States to initiate action if they have evidence of harm due to the consumption of a particular foodstuff.

Furthermore, as a consequence of its preliminary assessment, the Commission seriously doubted whether the measures introduced by Italy since 2002 were compatible with the internal market.

The EESC recognises that alcohol policies should be comprehensive and include a variety of measures for which there is evidence of reducing harm.

However, it considers that, insofar as the use of an unfair term is in itself damaging to the interests of the other party, the burden of proof for demonstrating the causal link and existence of damage should be reversed, although it should be up to the wronged party to prove the actual degree of damage.

As in the Montreal Convention, EC carriers will not be liable for such damage if they can prove that they did all they could to avoid the damage or that it was impossible to take any action.