Traduction de «Qualité pour ester en justice » (Français → Anglais) :

9.1. The ECB which, in accordance with Article 282(3) of the Treaty on the Functioning of the European Union, shall have legal personality, shall enjoy in each of the Member States the most extensive legal capacity accorded to legal persons under its law; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.

The persons entitled to request application of those measures, procedures and remedies should be not only the rightholders but also persons who have a direct interest and legal standing in so far as permitted by and in accordance with the applicable law, which may include professional organisations in charge of the management of those rights or for the defence of the collective and individual interests for which they are responsible.

2. They shall also apply, in the context of references for a preliminary ruling, to the parties to the main proceedings where, in accordance with the national rules of procedure applicable, those parties are permitted to bring or defend court proceedings without being represented by a lawyer, and to persons authorised under those rules to represent them.

She looked specifically at the capacity of a band to sue or be sued, and indicated that jurisprudence establishes that, because of the particular powers and obligations imposed by statute on a band, there must exist an implied capacity to sue and be sued with respect to the exercise of those powers and the meeting of those obligations.

The Commissioner also highlighted the following topics in her closing address: I. Consumer access to justice and the settlement of consumer disputes: - guarantee the freedom to bring actions in the collective interest of consumers throughout the European Union; - enshrine mutual recognition of the capacity to bring proceedings on the part of organisations representing consumers - provide financial aid to promote links between consumer associations interested in taking legal action in the different Member States - promote legal aid and legal assistance in the case of consumer disputes - provide more information and training to lawyers an ...[+++]d judges in the domain of Community consumer law - promote out-of-court resolution of consumer disputes, notably in the cross-border context - provide better information to consumers with the support of the professionals concerned - in the framework of enlargement, the Commission envisages doubling the number of cross-border consumer information centres over the next three years, by 1997.

(2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were a corporation that is not an agent of Her Majesty.