Traduction de «Juridiction de droit commun » (Français → Anglais) :

The Commission's Rule of Law Recommendation sent today to Poland covers four new legislative acts now adopted by thePolish Parliament which in the Commission's assessment will increase the systemic threat to the rule of law: the Law on the Supreme Court, the Law on the National Council for the Judiciary (both 'vetoed' on 24 July by the President of the Republic), the Law on the Ordinary Courts Organisation (signed by the President of the Republic on 25 July and awaiting publication and entry into force); and the Law on the National School of Judiciary (published and in force since 13 July).

In the majority of Member States, a court acts as the first tier appellate body. These may be specialist courts (AT, FR and SE), administrative courts (BG, EE, EL, ES, FI, FR[62], DE, LV, LT, LU, SI), or courts of general competence (CZ, IT, HU, NL, RO, SK and the UK[63]).

In that case, the Commission essentially submitted that three provisions of the VW-Gesetz could deter direct investment and thus restricted the free movement of capital within the meaning of Article 56 EC in that they (i), in derogation from the general law, capped the voting rights of every shareholder at 20 % of Volkswagen’s share capital, (ii) required a majority of over 80 % of the shares represented for resolutions of the general assembly, which, according to the general law, require only a majority of 75 % and (iii) allowed, in derogation from the general law, the Federal State and the Land of Lower Saxony each to appoint two repre ...[+++]sentatives to Volkswagen’s supervisory board.

Once a case has gone to court, applicable law is determined on the basis of national conflict-of-law rules *, which differ from Member State to Member State, as does national substantive law as regards divorce (see the Commission staff working paper, presented on 14 March 2005 as an Annex to the Green Paper, on the Member States' substantive and procedural rules governing divorce [PDF].

In cases of disputed decisions by the Registry concerning the registration of a domain name, applicants where able to have recourse to either ordinary courts or to the extra-judicial settlement of conflicts system called ADR (see below).

For example, the holder of a Community patent may, as a plaintiff, wish to enforce his rights flowing from the Community patent title before the Community Patent Court.