Examples of using At last instance in English and their translations into Swedish
{-}
-
Colloquial
-
Official
-
Medicine
-
Ecclesiastic
-
Ecclesiastic
-
Official/political
-
Computer
-
Programming
-
Political
determine whether the infringement is sufficiently serious when the infringement at issue stems from a decision of a national court adjudicating at last instance, the competent national court,
Member State liability for damage caused to individuals as a result of a breach of EU law by a decision of a national court may be incurred only where that decision is made by a court of that Member State adjudicating at last instance, which it is for the referring court to determine in respect of the main proceedings.
and particularly those ruling at last instance, is essential.
that the principle that the Member States are liable to afford reparation of damage caused to individuals as a result of infringements of Community law for which they are responsible is also applicable when the alleged infringement stems from a decision of a court adjudicating at last instance.(59) 4.
the Okresný súd Prešov(District Court, Prešov) is ruling at last instance.
In the present case, it is apparent from the questions referred for a preliminary ruling that the main proceedings concern a situation in which the national court is not called upon to rule at last instance.
However, it should be borne in mind that recognition of the principle of State liability for a decision of a court adjudicating at last instance does not in itself have the consequence of calling in question that decision as res judicata.
The case-law of that court shows that such reparation may also be granted when the infringement stems from a decision of a national court adjudicating at last instance see ECt. HR, Dulaurans v France,
from subsequent case-law(10) that, in such a configuration, the principle appears to be applicable only in respect of courts ruling at last instance.
for the court adjudicating at last instance, of reviewing a decision taken in disregard of that obligation.
as a court adjudicating at last instance, the question would then arise of the extent to which it has committed a sufficiently serious infringement of a rule of law intended to confer rights on individuals.
does not have to adjudicate at last instance.
It follows from the foregoing that the principle according to which the Member States are liable to afford reparation of damage caused to individuals as a result of infringements of Community law for which they are responsible is also applicable where the alleged infringement stems from a decision of a court adjudicating at last instance.
Analogous considerations linked to the need to guarantee effective judicial protection to individuals of the rights conferred on them by Community law similarly preclude State liability not being incurred solely because an infringement of Community law attributable to a national court adjudicating at last instance arises from the interpretation of provisions of law made by that court.
does not have the requisite manifest character for liability under Community law to be incurred by a Member State for a decision of one of its courts adjudicating at last instance.
is undeniably linked to the need for there to be a legal decision given by a court adjudicating at last instance.
Community law precludes national legislation which excludes State liability, in a general manner, for damage caused to individuals by an infringement of Community law attributable to a court adjudicating at last instance by reason of the fact that the infringement in question results from an interpretation of provisions of law
that is to say, when the court adjudicating at last instance has been unable to ensure effective protection for a right conferred by EU law.
Non-contractual liability of Member States- Damage caused to individuals by infringements of Community law attributable to a national court adjudicating at last instance- National legislation limiting State liability to cases of intentional fault and serious misconduct on the part of the court- Liability
its application with a view to establishing possible State liability owing to a decision of a national court adjudicating at last instance, regard must be had to the specific nature of the judicial function