Sentences with phrase «proceedings against an act»

Any natural or legal person may, under the conditions laid down in the first and second paragraphs, institute proceedings against an act addressed to that person or which is of direct and individual concern to them, and against a regulatory act which is of direct concern to them and does not entail implementing measures.

It must be concluded that the fourth paragraph of Article 263 TFEU, read in conjunction with its first paragraph, permits a natural or legal person to institute proceedings against an act addressed to that person and also

Not exact matches

While the USPTO does not investigate complaints or participate in any legal proceedings against invention promoters / promotion firms, under the American Inventors Protection Act of 1999, the USPTO will provide a public forum for the publication of complaints concerning invention promoters / promotion firms.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

The ACCC instituted proceedings against Nexans SA, Prysmian and Viscas Corporation in relation to the price fixing and exclusionary arrangement provisions of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010).

The ACCC has instituted proceedings against Informed Sources and several petrol retailers (BP, Caltex, Eureka (t / a Coles Express), Woolworths and 7 - Eleven) alleging they contravened s 45 of the Act by entering into arrangements involving communication about prices which had the «effect or likely effect of substantially lessening competition in markets for the sale of petrol in Melbourne».

any proceedings commenced by or against the existing Electoral Commission, or by or against the Crown in respect of any act or omission of the existing Chief Electoral Officer, relating to an existing right, interest, title, immunity, or duty and not completed by 1 October 2010.

The Lib Dem leadership moved quickly to dismiss Cable's remarks, which threatened to create a new row in the party after Rennard was readmitted on Tuesday night after the party dropped the final disciplinary proceedings against Rennard relating to allegations by four women that he acted in a sexually inappropriate way.

Sections 69 and 110 of the Constitution of the Federal Republic of Nigeria and section 116 of the Electoral Act 2010 (as amended) empowers INEC to conduct Recall proceedings against a member of the National Assembly, State House of Assembly, or the Area Council of the FCT, upon the receipt of a valid petition alleging a loss of confidence in the member, by more than 50 % of voters registered to vote in that member's constituency.

You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of statutory due by You.

And although Farhadi has peppered the proceedings with a handful of striking sequences - eg Emad confronts the man responsible for a transgression against his wife - The Salesman's pervasively erratic, meandering diminishes the potential impact of its third - act revelations and, in the end, confirms the movie's place as just another potentially intriguing premise squandered by Farhadi's less - than - focused modus operandi.

No school district, BOCES or charter school, or an employee thereof, shall take, request or cause a retaliatory action against any such person who, acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings.

Mr Cantley is reported to have acted as a whistle blower against the school, although DFS said this took place after dismissal proceedings had started against him, not before.

Oct 5, 2014 — Governors begin dismissal proceedings against headteacher; deputy headteacher Julian Eisner appointed as acting headteacher

under the Bankruptcy and Insolvency Act, you file a consumer proposal, you get an automatic stay if proceedings, which means no legal actions can continue or be commenced against you until we figure out what's happening with the proposal.

The Trustee's discharge acts to end the «stay of proceedings» and your creditors will then be allowed to resume collection action against you.

Ireland's Control of Dogs Act 1986, amended by the Control of Dogs (Amendment) Act 1992, is responsible for the control of all dog breeds and the establishment of a pet legislation and court proceedings against owners.

The act also includes provisions to help protect servicemembers against eviction, foreclosure, repossession, and civil court proceedings for the duration of their service, as well as allowing you to terminate certain obligations, such as cellphone contracts or vehicle leases, if you are called to service.

The problem is easily illustrated by SW v RC [2008] EWHC 73 (Fam), where Mr Justice Singer contrasted the meanings of 14 days from «the determination against which the appeal» (in FPR 1991 r 4.22 (3): Children Act 1989 (ChA 1989), Sch 1 proceedings) as against from «the date of the order or decision appealed against» in r 8.1 (4)(ancillary relief proceedings); and what for this purpose, he asked, «constitutes a «determination», and an «order or decision»?»

Consequently, where Article III - 365 (4) of the Constitutional Treaty mentioned a possibility for natural and legal persons to institute proceedings against a «regulatory act», this clearly applied only to non-legislative acts.

They have «long experience advising on white - collar criminal matters, such as alleged tax frauds and benchmark rate manipulation» and a «Significant record of acting on criminal insider dealing proceedings against the FCA.»

Once insolvency proceedings have commenced we act in both funded and speculative cases — on a conditional fee agreement basis («no win no fee»)-- for insolvency practitioners in investigating and bringing proceedings under the Insolvency Act against both directors and third partiact in both funded and speculative cases — on a conditional fee agreement basis («no win no fee»)-- for insolvency practitioners in investigating and bringing proceedings under the Insolvency Act against both directors and third partiAct against both directors and third parties.

Acting for a Russian bank in relation to proposed enforcement proceedings relating to an LCIA arbitration award against an individual borrower in Cyprus and other jurisdictions, including asset freezing relief.

Assisted in successfully bringing IPEC proceedings (settled in favour of the claimant) against a UK infringer on behalf of US lawyers acting for the US owner of a world famous trade mark relating to beauty pageants.

He has acted in all types of company law disputes, including shareholder disputes, claims by and against directors, unfair prejudice proceedings and derivative claims.

Acting for a major international telecommunications company based in the Middle East in bringing proceedings against its former directors for breach of fiduciary duties and misappropriating company funds.

Sebastian Jungemeyer has been acting for a foreign mail - order business in the entertainment sector in asserting payment claims, while Stefan Osing represented AXA in liability proceedings against several architects, engineers and construction companies.

Acting for hydroelectric power operators and developers in judicial review proceedings against the Environment Agency arising from abstraction licensing decisions.

He has 12 years» experience of major commercial litigation in such diverse areas as bribery and corruption of senior executives and misappropriation of corporate assets (including the 24 - week Fiona Trust trial), international arbitration (typically LCIA, ICC, LMAA and UNCITRAL and frequently for or against states or state - owned companies), proceedings in the Commercial Court under the Arbitration Act 1996, banking litigation, offshore engineering, shipping and insurance.

The case raises numerous issues relating to the enforcement of arbitral awards against sovereign states, including immunity under the State Immunity Act 1978 and the interaction between English proceedings and proceedings in the curial court (Holland).

The hedge fund, for which the firm was acting in respect of its defence of a US$ 70 million claim, was successful in the Court of Appeal in overturning the grant of an injunction preventing it from continuing its fraud proceedings commenced against the bank in Texas.

Katie has been instructed by the Official Solicitor to act in possession proceedings brought on the basis of anti-social behaviour against tenants lacking capacity.

Commercial Court proceedings relating to the enforcement of a US$ 65 million ICC award against the national power company of Tanzania giving rise to issues as to the relationship between challenges to the award in the curial courts and enforcement in England & Wales and the question of security pending enforcement under s. 103 (5) of the 1996 Act.

Acting for a US company in long running proceedings to enforce a historic judgment against the Republic of Iraq's UK and European assets, involving sovereign immunity and sanctions;

While there is likely to be a cost to the legal aid fund of any new scheme this has to be set against the current cost to the fund of proceedings under the Trusts of Land and ppointment of Trustees Act 1996 and Sch 1 of the Children Act 1989.

Acting for a major hotel group in arbitration proceedings against their insurer in respect of property damage and business interaction losses of around US$ 30m arising out of the December 2004 Tsunami.

Acting on behalf of a family - run partnership in proceedings against a bank regarding the mis - selling of a regulated mortgage and interest rate hedging product.

Acted in High Court Queen's Bench Division, and Technology and Construction Court proceedings against former employees of the quant fund and in Chancery Division proceedings in which it was the defendant in relation to claims by one of its founders to intellectual property rights in the software.

It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in England and Wales against a spouse or former spouse even if a court has already made a financial order in divorce proceedings in another jurisdiction.

Acting on behalf of an entrepreneur in unfair prejudice proceedings against the directors of a tech start - up company.

He has acted and advised on claims made by and against sovereign states (including enforcement proceedings and challenges to arbitration awards).

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

The three dominant themes in 2008 cases where PIL was invoked were as follows: UK / EU law implementation of UNSC resolutions concerning freezing of alleged terrorist assets (sanctions cases); the acts / omissions of UK authorities in Iraq / Afghanistan viewed in the context of PIL and provisions of the European Convention on Human Rights (ECHR) and Human Rights Act 1998 (Iraq / Afghanistan related cases); and state / diplomatic immunity in the context of civil proceedings and / or attempts to enforce arbitration awards against assets of State entities in the UK (Civil immunity cases).

The introductory text explains why the RO has been drafted: «It appears to the Secretary of State, following a finding of the [ECtHR] after the coming into force of [s 10] of the [HRA 1998] in proceedings against the United Kingdom, that certain provisions of the Terrorism Act 2000 are incompatible with an obligation of the United Kingdom arising from the Convention.»

that evidence... if it tends to incriminate him or her... shall not be used or received against the police officer... in any civil proceeding or in any proceeding under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

The Act was designed to encourage health care professionals to share information and have open discussions about improving the quality of health care within an environment that protected the discussions and prevented them from being used in legal proceedings against the health care professional or institution.

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pAgainst Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper pagainst whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

«(1)[Subject to subsection (1A) below,] In sections 11 and 12 of this Act references to a person's date of knowledge are references to the date on which he first had knowledge of the following facts --(a) that the injury in question was significant... (2) For the purposes of this section an injury is significant if the person whose date of knowledge is in question would reasonably have considered it sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment.

Had the claimant been able to bring proceedings in tort, however, (that was, against a known driver), the relevant limitation period would have expired on his 21st birthday (s 28 and s 38 (2) of the Limitation Act 1980).

The Charter does apply in respect of the disciplinary proceedings taken by the University against the Applicants pursuant to the PSL Act.