Traduction de «Any action is time-barred » (Anglais → Français) :

According to the applicant, the Commission cannot claim that she should have ignored the e-mail of 14 September 2009 and waited for the expiry of the time-limit of four months from her complaint of 28 July 2009, which would have constituted an implied rejection, with the risk of being time-barred from bringing the action in question as a result of failing to challenge the express rejection of her complaint in time.

Question No. 397 Ms. Kirsty Duncan: With respect to initiatives and programs run by the Department of National Defence (DND) and Veterans Affairs Canada (VAC) in relation to veterans’ health and welfare: (a) what are the issues affecting (i) Canada’s traditional war veteran population, (ii) Canadian Forces (CF) veterans; (b) for each group of veterans in (a), how many cases were there per identified issue, per year, over the last five years; (c) for each group of veterans in (a), what changes have occurred in the issues over the last five years; (d) for CF veterans, what key issues are anticipated following the withdrawal from Afghani ...[+++]stan in 2011, and for each anticipated issue, what are the (i) challenges, (ii) changes necessary to VAC, (iii) actions taken to date; (e) what recommendations, if any, have been made to improve the quality of life for veterans identified in (a) and what steps, if any, have been taken to address these recommendations; (f) what specific measures are being taken to ensure that VAC (i) responds quickly to emerging research, such as the possible link between combat and amyotrophic lateral sclerosis, and combat and dementia, (ii) implements research recommendations in a timely manner; (g) what are the categories of injuries sustained by the Canadian troops in Afghanistan; (h) what specific rehabilitation is provided for each injury category, by region; (i) what reviews of rehabilitation procedures have been undertaken, by date and region; (j) for each injury category identified in (g), what percentage of veterans are able to return to civilian work; (k) what specific measures are undertaken by region to help veterans normalize to civilian life; (l) what specific measures are used to ensure veterans returning from Afghanistan are informed of veterans' benefits; (m) what is the process for acquiring the help of a case manager; (n) what are the specific steps a veteran needs to take following a release or a medical release in order ...

1. Any action for damages arising out of the death of or personal injury to a passenger or for the loss of or damage to luggage shall be time-barred after a period of two years.

It is important that the words “at any time” be put in that section “en tout temps”, because if they are not, then an action is automatically statute-barred after six years, and we are against any kind of statute bar.

Cases of financial liability are identified in particular on the basis of Articles 220(2)(b) (administrative errors which could not have been detected by the person liable for payment) and 221(3) (time-bar resulting from the national authorities' failure to act) of the Community Customs Code, Articles 869 and 889 of the provisions for the implementation of the Code, the debtor's legitimate expectations in relation to the national administration which provided an incorrect authorisation and the lack of diligence in the recovery of entitlements leading to non-recovery (Article ...[+++]17(2) of Regulation No 1150/2000).

In the case of two firms, Solvay and Norsk Hydro, the 1988 decision is still valid inasmuch as Solvay did not bring any action and the action brought by Norsk Hydro was held to be inadmissible as it was time-barred.