Traduction de «Action pour défaut d'exécution de contrat » (Français → Anglais) :

Contracting authorities and contracting entities should also be able to exclude candidates or tenderers whose performance in earlier concessions or other contracts with contracting authorities or contracting entities has shown major deficiencies with regard to substantive requirements, for instance failure to deliver or perform, significant shortcomings of the product or service delivered, making it unusable for the intended purpose, or misbehaviour that casts serious doubts as to the reliability of the economic operator.

2. To the extent that the law applicable to the individual employment contract has not been chosen by the parties, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.

2. To the extent that the law applicable to the individual employment contract has not been chosen by the parties, the contract shall be governed by the law of the country in which or, failing that, from which the employee habitually carries out his work in performance of the contract.

According to Article 6(2), in the absence of choice, a contract of employment shall be governed a) by the law of the country in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country, or b), if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated, unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract is to be governed by the law of that country .

They argued that the fulfilment of the guarantee contracts given by the BvS on behalf of SKET SMM to the third parties, whose purpose was to ensure that the third parties were covered by any failure by SKET SMM to perform the contracts, would result in higher expenditure than paying SKET WT to complete these contracts.

(8) Whereas Article 3 of that Convention provides, as a general rule, for the free choice of law made by the parties; whereas, in the absence of choice, the contract is to be governed, according to Article 6 (2), by the law of the country, in which the employee habitually carries out his work in performance of the contract, even if he is temporarily employed in another country, or, if the employee does not habitually carry out his work in any one country, by the law of the country in which the place of business through which he was engaged is situated, unless it appears from the circumstances as a whole that the contract is more closely ...[+++] connected with another country, in which case the contract is to be governed by the law of that country;