Traduction de «principe de la continuité juridique » (Français → Anglais) :

The Court concludes that Uralita, as legal successor to EIA, ensured legal continuity of its rights and obligations and assumed its liability for unlawful conduct in the infringement in question.

The Commission argues to the contrary that, if legal professional privilege, which is applicable to its investigations, were no longer defined at European Union level but under national law, that would give rise to complex and uncertain situations for all the persons concerned, which would prejudice the principle of legal certainty relied on by Akzo and Akcros.

It will also provide legal continuity to the present system of Strategy Papers and Indicative Programmes, which mobilise all financial instruments available to support each individual country and region.

In concrete terms, the Commission requests the Member States to: a) encourage initiatives aimed at heightening owners' awareness of this problem and at informing and training them in preparation for a transfer; b) create the right financial environment for successful transfers; c) make it possible for the owner to adopt the legal form (notably that of a limited company) most likely to ensure the success of the transfer by eliminating the legal and fiscal obstacles that hamper preparatory operations; d) safeguard the principle of continuity of partnerships in the case of the death of one of the partners; e) stipulate that a partnershi ...[+++]p agreement takes precedence over the unilateral acts of a partner; f) ensure that family law, inheritance law and the payment of financial compensation cannot jeopardize the survival of the business; g) reduce taxation on assets in the event of transfer by succession or by gift, provided that the heirs continue to operate the business; h) allow payment in instalments or deferred payment of gift and inheritance tax; i) ensure that the assessment of the value of the business takes into account changes in its value after the death of the owner; j) provide tax incentives for transfer by sale during the lifetime of the owner; k) provide tax incentives for the takeover of the business by employees.

CONTINUITY OF PARTNERSHIPS AND SOLE PROPRIETORSHIPS a) principle of continuity b) pre-eminence of partnership agreement c) family law and inheritance law d) payment of compensation 6.

At a more general level, the Member States could amend their company law to ensure the continuity of partnerships in the case of the death of one of the partners by introducing the principle of continuity of partnerships as a legal principle.