Traduction de «loi sur la prescription » (Français → Anglais) :

2. Calls on the Commission to draw up a report on limitation periods following the evaluation of the study, dealing in particular with possible options ranging from a limited harmonisation of limitation periods to the use of a conflict-of-laws rule;

Moreover, if the law applicable to the succession is French national law, which uses the system of saisine (whereby heirs assume that status automatically as soon as the succession is opened, and can take possession of the property), but part of the estate is situated in Italy, it will be necessary to comply with the provisions of Italian law, according to which, in contrast to French law, heirs only assume that status on acceptance of inheritance.

But the future instrument should also seek to ensure the effective application of the law applicable to the succession and coordinate the requirements of that law with the provisions of the law of the place where the property is situated.

- The second proposal is that there should be a five-year time-bar on the recovery of sums owed to the Community. This limit could be extended in cases where active steps are being taken to secure recovery. As things stand, there is no general time-limit of a ‘Community’ nature (such a limit exists in certain sectoral regulations e.g. those concerning the Staff Regulations: 5 years, the regulation on the protection of the communities’ financial interests: 4 years). However, there is interference with the national legislation, where th ...[+++]e contract refers to national law or where the judge is a national one applying his own law as the law of procedure. This could give rise to total chaos in those Member States where institutions’ right to collect debts is time-barred (after 3 or 10 years), or where, quite simply, no information is given on whether the deadline has lapsed until the case comes before the judge. Nor is it clear whether after the period has elapsed it is possible to accept compensation or spontaneous payment by the debtor. In brief, this proposal would introduce legal certainty for both the institutions and the debtors.

(2) Any internal tax or other internal charge, or any law, regulation or requirement of the kind referred to in paragraph 2 which applies to an imported product and to the like domestic product and is collected or enforced in the case of the imported product at the time or point of importation, is nevertheless to be regarded as an internal tax or other internal charge, or a law, regulation or requirement of the kind referred to in paragraph 2, and is accordingly subject to the provisions of this Article.

61. Notes that in Italy the broadcasting system has been operating in extralegal circumstances for decades, as repeatedly recognised by the Constitutional Court, and in the face of which the efforts of the ordinary legislator and the competent institutions have proved ineffective in re-establishing a legal regime; RAI and Mediaset each continue to control three terrestrial analogue television broadcasters, despite the fact that the Constitutional Court in its judgment No 420 of 1994 has ruled it impermissible for one and the same entity to broadcast over 20% of the television programmes transmitted domestically on terrestrial frequencies (i.e. more than two programmes) and has found the regulatory regime under Law No 223/90 to be contrary ...[+++]to the Italian Constitution, despite being a 'transitional regime'; nor did Law No 249/97 (establishing the Communications Guarantee Authority and rules on telecommunication and radio and television systems) abide by the prescriptions of the Constitutional Court which, in its judgment 466/02, declared the constitutional illegitimacy of Article 3(7) thereof, 'insofar as it does not provide for the establishing of a hard-and-fast deadline, in any event not exceeding 31 December 2003, by which the programmes transmitted by broadcasters exceeding the limits referred to in paragraph 6 of Article 3 must be broadcast exclusively via satellite or via cable';