Vertaling van "Prior right to be satisfied out the claim to freight " (Engels → Nederlands) :

prior right to be satisfied out of the claim to freight

However, in exceptional cases, where the court of the requested State is satisfied beyond any reasonable doubt that no effective judicial remedy is available to the interested person in the applicant Member State, then the division of roles set out in Article 14 of Directive 2010/24 should not apply Consequently, the courts of the requested Member State may exceptionally review whether the enforcement of the instrument is liable, in particular, to lead to a manifest breach of the fu ...[+++]ndamental right to an effective judicial remedy under Article 47, first paragraph, of the Charter and a flagrant denial of justice and, in such case, refuse to execute the request for recovery of the claim.

17. Despite this clarification of the constitutional rights and obligations of European political parties, the possibility of controversy over whether a political association satisfies the requirements or is able to assert a given claim cannot be ruled out in individual cases.

The ESC recommends: - a further preventative analysis of protection systems complementary to the patent, to be described as "utility models" (UM), together with a more complete integration of available assessment data; special regard to be paid in this connection to weaknesses in the EU patent system, which is still seriously incomplete and disparate compared to its main competitors, the USA and Japan; - a guarantee, in the event of proposals for harmonization, not only of measures for the harmonization of substantive laws, but also of procedures and timescales for obtaining and enforcing UMs, together with the introduction of a cheap, quick and easy (especially for SMEs) assessment and enforcement method which excludes substances and pro ...[+++]cesses from eligibility for protection; - a guarantee of eligibility for UMs for innovations which satisfy the following requirements: a) "absolute novelty"; b) "possibility of application in the industrial field"; c) "inventive step" (Art. 56 of the Convention on the European Patent) or which have a practical industrial advantage over the previous state of the art; the scope of protection should emerge from a limited number of "claims" and the search for earlier "state of the art" should be optional in general, and compulsory for those wishing to enforce UM rights vis-à-vis a third party; - investigation into the feasibility of active assistance and advice in respect of national UM deposit and registration procedures being provided for firms - particularly SMEs - by a central Community or European agency; and investigation of the scope for application of computer digital language to the European patent system; - deferral of any measures for mutual recognition until substantive and interpretative harmonization has taken place; a feasibility study on creation of a Community UM covering the whole of Europe could be carried out, but only after a thorough examination to check that harmonization and mutual recognition measures ...