Traduction de «Decisione incidentale suscettibile di ricorso distinto » (Italien → Anglais) :

The tax office shall decide on the request by an appealable decision.

Such a final decision, i.e. a decision that is no longer subject to further legal remedy before the European Patent Office, can be issued by the Opposition Division or where an appeal is filed by the Board of Appeal of the European Patent Office.

The examination procedure must be accompanied by guarantees: any decision taken must be capable of being made the subject of judicial proceedings in which its legality under Community law can be reviewed and the person concerned must be able to ascertain the reasons for the decision taken in his/her regard (point 22).

5. Considers that it is essential to guarantee more effectively the proper enforcement of Community law, proposes, accordingly, if no other legal or administrative remedy is available, that the Commission should be empowered to note any omission or failure to act directly by means of a decision which would be subject, of course, to appeal.

The judge's decision (which can be appealed) is taken after consulting the representative of the prison administration, following an adversarial debate in chambers, where the submissions of the Public Prosecutor and the comments of the offender or his/her counsel are heard.

According to the Convention, the sentencing State may request another Contracting State to enforce a sentence only if one or more of the conditions set out in Article 5 are fulfilled, namely: (a) if the sentenced person is ordinarily resident in the other State; (b) if the enforcement of the sentence in the other State is likely to improve the prospects for the social rehabilitation of the sentenced person; (c) if, in the case of a sentence involving deprivation of liberty, the sentence could be enforced following the enforcement of another sentence involving deprivation of liberty which the sentenced person is undergoing or is to undergo in the other State; (d) if the other State is the State of origin of the sentenced person and has de ...[+++]clared itself willing to accept responsibility for the enforcement of that sentence; or (e) if it considers that it cannot itself enforce the sentence, even by having recourse to extradition, and that the other State can. In addition, the judgment handed down in the requesting State must be final and enforceable and the offence in respect of which the sentence has been passed must also constitute an offence under the law of the requested State ("double criminality" requirement [76]).