Translation of "Requête demandant le rejet " (French → English) :

motion to dismiss an action

motion to dismiss [ claim for dismissal | dismissal proceedings | application to dismiss ]

request for assistance in criminal matters | request for assistance

accede to a request | allow a claim | satisfy a claim | grant a request

First plea in law, alleging infringement of Articles 51(1) and 53(1) of the Rules of Procedure of the Civil Service Tribunal (CST) and of the principle of the equality of the parties in the proceedings, in that the period of two months laid down for lodging the defence, extended by ten days on account of distance, was calculated from the date of service of the notification that the application was in order, and not the date of service of the application, so that the defence lodged by the Committee of the Regions (CoR) was placed on the case file for the proceedings even though it had been lodged out of time; the CST then relied on that defence in ...[+++]order to dismiss the action by way of an order on the basis of Article 81 of the Rules of Procedure, and the appellant was thus deprived of the possibility of applying for judgment by default of the basis of Article 121 of the Rules of Procedure.

The ECB may then either correct or supplement the requirements or remedy the irregularity as requested, or reject the request indicating the reasons therefor.

23. Notes that EU accession to the ECHR will provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the European Court of Human Rights in relation to an act, or a failure to act, by an EU institution or a Member State implementing EU law and falling within the remit of the ECHR; stresses, however, that this does not alter the present system of jurisdiction of the Court of Justice of the European Union nor that of the European Court of Human Rights, and that the requirement that all domestic judicial remedies should have been exhausted will remain the condition for the admissibility ...[+++] of any application; calls for applications and complaints to be dealt with in a reasonable period of time; encourages the Commission to provide some guidance, in consultation with the Court of Justice of the European Union and the European Court of Human Rights, on what constitutes the appropriate domestic remedy within the Union and on preliminary rulings under EU law; stresses, in this context, that it will be necessary to ensure that Member State courts refer cases to the Court of Justice of the European Union when there is arguably a fundamental rights issue at hand;

23. Notes that EU accession to the ECHR will provide an additional mechanism for enforcing human rights, namely the possibility of lodging a complaint with the European Court of Human Rights in relation to an act, or a failure to act, by an EU institution or a Member State implementing EU law and falling within the remit of the ECHR; stresses, however, that this does not alter the present system of jurisdiction of the Court of Justice of the European Union nor that of the European Court of Human Rights, and that the requirement that all domestic judicial remedies should have been exhausted will remain the condition for the admissibility ...[+++] of any application; calls for applications and complaints to be dealt with in a reasonable period of time; encourages the Commission to provide some guidance, in consultation with the Court of Justice of the European Union and the European Court of Human Rights, on what constitutes the appropriate domestic remedy within the Union and on preliminary rulings under EU law; stresses, in this context, that it will be necessary to ensure that Member State courts refer cases to the Court of Justice of the European Union when there is arguably a fundamental rights issue at hand;