Traduction de «Se désister d'un appel » (Français → Anglais) :

FORM 11[Paragraph 14(1)(a)]COURT OF APPEALNOTICE OF ABANDONMENT OF APPEAL

5. Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee shall ensure that the withdrawals in question have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 4(3).

N. whereas, in a decision of 21 July 2006, the Lazio Regional Administrative Tribunal (the court of first instance in the matter) ruled that Mr Achille Occhetto's withdrawal, made before the proclamation of the names of those elected, could not be regarded as a withdrawal from his position on the post-electoral list, on the grounds that respect for the will of the people requires that the election results cannot be altered, and that it is without effect as regards the adoption of any possible acts of substitution in cases of incompatibility, loss of civil rights, ineligibility or resignation from an appointment or position on the part of those originally entitled thereto; whereas it follows that a candidate who does not wish to take up th ...[+++]e position to which he has been elected has the right, where the conditions for substitution apply, to cancel his own withdrawal with a view to occupying the place to be covered by means of substitution,

N. whereas, in a decision of 21 July 2006, the Lazio Regional Administrative Tribunal (the court of first instance in the matter) ruled that Mr Achille Occhetto's withdrawal, made before the proclamation of the names of those elected, could not be regarded as a withdrawal from his position on the post-electoral list, on the grounds that respect for the will of the people requires that the election results cannot be altered, and that it is without effect as regards the adoption of any possible acts of substitution in cases of incompatibility, loss of civil rights, ineligibility or resignation from an appointment or position on the part of those originally entitled thereto; whereas it follows that a candidate who does not wish to take up th ...[+++]e position to which he has been elected has the right, where the conditions for substitution apply, to cancel his own withdrawal with a view to occupying the place to be covered by means of substitution,

The withdrawal also holds valid for future rights, but naturally the withdrawal may certainly be revoked before the event ends, before the withdrawing party finds himself in the actual circumstance of being able to withdraw.

5. This means first of all that the European Parliament is required to check whether or not Mr Achille Occhetto's withdrawal is in accordance with the spirit and the letter of the 1976 Act and, secondly, whether or not the formal requirements laid down in Rule 4(3) of the Rules of Procedure have been observed.