Translation of "Incapacité de comprendre la nature de la procédure " (French → English) :

(b) understand the nature of the proceedings;

The roots of a system, capitalism, which subordinates everything to the dynamic of profit and accumulation, also lie in this inability to understand nature and its limits; but nature does, in fact, have limits.

A situation of emergency may include the inability of the competent authority to launch in good time a tender procedure for a public service contract and/or to award that contract in good time to an operator.

– the periods during which an act can be challenged by an avoidance action vary according to the nature of the act at issue; the periods start with the date of the request for the opening of proceedings; the periods could be between three and nine months for transactions carried out in a situation of imminent insolvency, between six and twelve months for the creation of security rights, between one and two years for transactions with connected parties, and between three and five years for transactions carried out with the intention of defrauding creditors;

22. Notes that in many cases there will be an asymmetry of resources between the complainant and the defendant in legal proceedings for damages arising from anti-competitive behaviour and that, in such cases, complainants should not be deterred from bringing well-founded actions for damages for fear of having to pay excessive legal costs, including the costs of the defendant in the event that the claim is unsuccessful; suggests, therefore, that judicial authorities should be able to take into account the different economic situation of the parties and, where appropriate, should make an assessment at the outset of proceedings; considers that the level of costs should be based on reasonable and objective criteria taking into ac ...[+++]count the nature of the trial, and should include the costs engendered by the legal proceedings;

22. Notes that in many cases there will be an asymmetry of resources between the complainant and the defendant in legal proceedings for damages arising from anti-competitive behaviour and that, in such cases, complainants should not be deterred from bringing well-founded actions for damages for fear of having to pay excessive legal costs, including the costs of the defendant in the event that the claim is unsuccessful; suggests, therefore, that judicial authorities should be able to take into account the different economic situation of the parties and, where appropriate, should make an assessment at the outset of proceedings; considers that the level of costs should be based on reasonable and objective criteria taking into ac ...[+++]count the nature of the trial, and should include the costs engendered by the legal proceedings;