Translation of "Streitiges verfahren" in English

From this it follows that in this situation, too, the proceedings are not contentious.

On account of its adversarial nature, the written part of the procedure in direct actions follows stricter rules.

At the beginning of 1995 the Commission and the Court of Auditors agreed on the Court's initiative, the main substance of which was, as I see it, how to improve the dialogue on the Court's annual report, known as contentious proceedings (procédure contradictoire) between the two institutions.

We feel that the dispute settlement procedure itself could, given the judicial nature of the procedures, be held in public, as is the case in court proceedings.

It does not have an impact on the transfer to ordinary proceedings if the defendant chooses to contest the claim sooner or later in the course of the procedure.

The amendment appears to primarily address, however, statements of opposition in summary order for payment proceedings (injonction de payer, Mahnverfahren) as only those can automatically lead to adversarial proceedings.

Hence, although the procedure must always be contradictory, whether or not it is also contentious will depend on internal law, in the same way as the law of the forum determines the procedure (lex fori regit processum).

If that presumption turns out to be wrong and the defendant objects the transfer to contentious proceedings is automatic.

The user would in principle have to reckon continually — not only in the case of copyright infringements — with the fact that his traffic data were being disclosed to third parties who, for some reason, wanted to start contentious proceedings against him.

In order to determine whether a body making a reference is a court or tribunal for the purposes of Article 234 EC, which is a question governed by Community law alone, the Court takes account of a number of factors, such as whether the body is established by law, whether it is permanent, whether its jurisdiction is compulsory, whether its procedure is inter partes, whether it applies rules of law and whether it is independent

On the other hand a decision, such as the enforcement order [Vollstreckungsbefehl] in German law, which is issued following service of an order for payment and which is in itself enforceable under the Convention, is not covered by those words even though the lodging of an objection against the enforcement order, like the objection to the order for payment, transforms the procedure into adversary proceedings.

Both the properly introduced objection against an enforcement order and the objection to the order for payment had the effect of transforming the summary proceedings for obtaining that order into adversary proceedings but the enforcement order remained provisionally enforceable despite the objection and it was thus equivalent to a judgment in default.

Here, it was decided that the patent proprietor is not entitled to oppose his own patent, since opposition proceedings are contentious and the opponent must therefore be a person other than the patent proprietor.

Post-grant opposition takes the form of contentious proceedings between parties who normally represent opposing interests and who should be treated equally fairly.

In any case, it seems to the Enlarged Board in its present composition that post-grant opposition proceedings under the EPC are in principle to be considered as contentious proceedings between parties normally representing opposite interests, who should be given equally fair treatment.

As already pointed out with regard to the requirement of a proof of the claim or the necessity of the involvement of a proper judge the philosophy of full responsibility of the defendant for avoiding a decision against him and triggering adversary proceedings competes with the principle of a minimum protection of the defendant.

The board observed that such an investigative approach would not be consistent with the character of the post grant opposition proceedings under the EPC, which were in principle to be considered as contentious proceedings between parties normally representing opposite interests, who should be given equally fair treatment.

Referral to the Court of Justice of the European Communities opens the litigation procedure

Referral to the Court of Justice of the European Communities opens the litigation procedure.

In addition to contractual matters, Sebastian also has experience in litigation.

We also assist in handling dispute proceedings before:

It appears that the changes proposed do not concern the provision at issue in the present proceedings.

An appeal against the decision authorizing enforcement shall be lodged in accordance with the rules governing procedure in contentious matters:

An appeal against the decision authorizing enforcement shall be lodged in accord ance with the rules governing procedure in contentious matters:

41 However, the provision of evidence for contentious proceedings with third parties is not an identifiable purpose of storage.

We represent you in infringement proceedings as well as invalidity proceedings of intellectual property rights.

Mediation is increasingly becoming a valid alternative to legal representation when faced with adversary proceedings.

The Court contributes to the peaceful settlement and resolution of disputes by delivering judgements in contentious proceedings between States.

This would help to improve the relationship between businesses and the Directorate-General for Competition and would speed up administrative procedures and legal proceedings.

Procedures on the criteria for selection of members and observers, on conflicts of interest management and, in case the oversight function is a committee, procedures covering dispute resolution are necessary to ensure that the oversight function can operate without impediment.