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A writ of venire facias.
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From the point of view of legal method, the legal construct of the limitation of rights gives specific form to the principle of good faith, more precisely the legal concept expressed in the maxim venire contra factum proprium, namely that where there is contradictory conduct on the part of the holder of a right, he will not be permitted to exercise that right against the person subject to it.
En osu mihinkään täältä käsinEurLex-2 EurLex-2
Precisely because it had its own duty of care, Residex cannot rely, as against the Municipality, on estoppel (venire contra factum proprium).
On ilmeistä, että laajentuessamme myös vastapuoli esittää muiden Aasian maiden ottamista mukaan.EurLex-2 EurLex-2
13 The Board of Appeal held, in essence, that, first, although decisions in opposition proceedings do not in law have the force of res judicata, the Cancellation Division remained bound by the substantive findings and conclusions of the earlier decisions of OHIM by virtue of the principle nemo potest venire contra factum proprium, which means that the administration is bound by its own acts, particularly when those acts have enabled parties to the proceedings legitimately to acquire rights to a registered trade mark.
Sanot aina niinEurLex-2 EurLex-2
In addition, the applicant claims that there has been an infringement of the principle of nemini licet venire contra factum proprium (estoppel), because several Commission documents show that the Commission itself assumes that it does not have the authority to conduct an ex-post control without cause.
Vuoden # toisella puoliskolla tiedemaailmaa kannustetaan osallistumaan kansainvälistä jalokaasukokeilua INGEa koskevaan työpajaan, jossa tiedemaailman ajatukset asiasta kootaan yhteen ja niistä keskustellaanEurLex-2 EurLex-2
On the contrary, they are, in my opinion, binding on the institution from which they emanate to such an extent that it must not venire contra factum proprium; any breach of that principle might be relied upon in legal proceedings as a possible expression of the principle of non-discrimination.
Viimeistelyvalmisteet, valmisteet, jotka nopeuttavat värjäytymistä tai väriaineiden kiinnittymistä sekä muut tuotteet ja valmisteetEurLex-2 EurLex-2
Moreover, if a Member State which had initially agreed to a measure adopted on that legal basis were subsequently to maintain in force or introduce inimical national provisions, it would be guilty of acting in bad faith – an instance of venire contra factum proprium. (28)
Nyt on viimeinen hetkiEurLex-2 EurLex-2
(125) In such circumstances, to impose a form of `venire contra factum proprium' (as suggested by Advocate General Reischl in his Opinion in Merck v Stephar) (126) on patentees attempting to exercise their national patent rights, on the sole basis that they have already sought to profit from another national market despite being denied patent protection there, effectively imposes on patentees the discipline of the Common Market where it does not in fact exist.
Crash, oletko kunnossa?EurLex-2 EurLex-2
The third ground of appeal alleges erroneous interpretation and application of Article 31(1) and (2) of Regulation 1290/2005, Article 52(2) and (3) of Regulation 1306/2013 and Article 12(1) to (6) of Delegated Regulation No 907/2014, infringement of the guidelines contained in Commission documents VI533097 and C(2015) 3675 final of 8 June 2015, infringement of the rules on the duty to state reasons (Article 296 TFEU), incorrect application of the rules of evidence (allocation of the burden of proof in such a way that the Hellenic Republic is required to adduce evidence a probatio diabolica) and incorrect application of the principles of non venire contra factum proprium (estoppel), ne bis in idem and the general principle of proportionality.
Ei anneta Äidin odottaaEuroParl2021 EuroParl2021
244 As was pointed out above, by the second, third, fourth, fifth, sixth, seventh, ninth and tenth branches, the applicants allege, respectively, breach of: the principle of the protection of legitimate expectations and the principle of legal certainty; the prohibition against acting ultra vires; the duty to undertake a diligent and impartial assessment; the prohibition against a misuse of powers; the rights of the defence and right to be heard; the principle of the excellence and independence of scientific opinions; the principle of lex specialis; and the principle of estoppel or nemini licet venire contra factum proprium.
Lääkäri määrittää sairautesi perusteella, kuinka paljon Bondronatia sinulle annetaanEurLex-2 EurLex-2
19 The Board of Appeal held in essence, first, that although decisions in opposition proceedings do not in law have the force of res judicata, the Cancellation Division remained bound by the substantive findings and conclusions of the earlier OHIM decisions by virtue of the principle nemo potest venire contra factum proprium, in accordance with which the administration must comply with its own acts, particularly where those acts have enabled parties to the proceedings legitimately to acquire rights in a registered trade mark.
Kun otit aseen minultaEurLex-2 EurLex-2
Accordingly, I am not prepared to accept that, owing to the declaration of 5 December 1999, Ms Evans might be precluded, on the basis of the principle of venire contra factum proprium, from claiming that she has been discriminated against.
Se on myös nimiEurLex-2 EurLex-2
35 The applicant put forward that argument at the hearing, stating that in the present case, since the Community had given an undertaking to the Dispute Settlement Body to repeal the provisions of its regulations which conflicted with the WTO rules, it had acted in breach of the principle nemini licet venire contra factum proprium when putting that undertaking into practice by adopting a regulation containing infringements of those rules.
Niin, varmastiEurLex-2 EurLex-2
There is indeed a technical question, but it is a different one: it is a problem of venire contra factum propium on the part of Parliament itself, which twice pronounced itself in favour of using Article 100a as the legal basis, even in December 1993 after the Maastricht Treaty.
Erityisesti nuorten kansalaisten tietoisuutta olisi lisättävä, ja heidän olisi tunnettava mieltymystä kulttuuriteoksia kohtaanEuroparl8 Europarl8
That is what may be inferred from its claims alleging infringement of the maxim non venire contra factum proprium, and subsequently at the reply stage, alleging infringement of the principle of protection of legitimate expectations.
Kokeillaan seuraavaaEurLex-2 EurLex-2
OHIM adds that such an acknowledgment does not contravene the general legal principle nemo potest venire contra factum proprium (no one may behave in disavowance of his past acts) but merely constitutes a restriction on the application for revocation which determines the scope of the examination OHIM is required to undertake in accordance with Article 76(1) of Regulation No 207/2009.
Sopimus: Cotonoussa tehty AKT–EY-kumppanuussopimusEurLex-2 EurLex-2
2 Bvr 1476/03) relating to war crimes and crimes against humanity, which prevents European citizens from obtaining compensation from Germany, inconsistent with Article 2 of the 1953 London Agreement on German External Debts; did it undermine the plaintiffs’ rights under Articles 17 and 47 of the Charter of Fundamental Rights of the European Union of 18 December 2000 until 11 March 2004 (the judgment in Ferrini), and is reliance on a time bar therefore inconsistent with European Union obligations and, in particular, Articles 3 and 4(3), first and last subparagraphs, of the Treaty of Lisbon and with the principle non conceditur contra venire factum proprio?
Katso tuota, PeteEurLex-2 EurLex-2
157 – As Germany does in paragraph 83 of its defence, where it alleges the infringement of the principle of venire contra factum propium.
Chris, sinulleEurLex-2 EurLex-2
37 OHIM and the intervener dispute the applicability of the principles of res judicata or non bis in idem and the adage venire contra factum proprium in administrative proceedings before OHIM.
Sitä suuremmalla syyllä on tutkittava ainoaa todellista johtolankaammeEurLex-2 EurLex-2
36 Under its second plea in law, the applicant claims that the Board of Appeal failed to take account of the principles of res judicata or non bis in idem, the adage venire contra factum proprium and Article 42(2) of Regulation No 207/2009, read in conjunction with Article 15(1) of that regulation.
Päivätty neljä viikkoa sittenEurLex-2 EurLex-2
From a literal standpoint, in French, the term ‘provenir’ [to be from] means both ‘venir de’ [to come from] and ‘tirer son origine de’ [to originate in].
Onko kyyhkyläisillä ongelmia?Eurlex2019 Eurlex2019
However, it argued that its action was founded on a new category of misuse of powers, in so far as the Commission had adopted a regulation infringing a decision declaring the Community system incompatible with the WTO rules and its undertaking to rectify the infringements thus established (see paragraphs 34 to 36 above), in breach of the principle nemini licet venire contra factum proprium.
Olen niin huolissaniEurLex-2 EurLex-2
10 Given the principle of protection of legitimate expectations or the nemo potest venire contra factum proprium rule enshrined in EU law — see, for example, judgment of 6 November 2014, Italy v CommissionItaly v CommissionItaly v Commission (C‐385/13 P, not published, EU:C:2014:2350, paragraph 67) — which correspond to the common law principle of estoppel, I believe that the case-law relating to action for damages against EU institutions is transposable to actions for damages against Member States.
Amerikan Yhdysvallat on pomoniEurlex2019 Eurlex2019
35 The applicant put forward that argument at the hearing, stating that in the present case, since the Community had given an undertaking to the Dispute Settlement Body to repeal the provisions of its regulations which conflicted with the WTO rules, it had acted in breach of the principle nemini licet venire contra factum proprium when putting that undertaking into practice by adopting a regulation containing infringements of those rules.
Oikealle,- kunnes tunnet laudanEurLex-2 EurLex-2
On the other hand, in invalidity proceedings, the departments of OHIM are not bound by findings made in a final decision handed down in opposition proceedings, according to the rule nemo potest venire contra factum proprium, the protection of acquired rights, and the principles of legal certainty and the protection of legitimate expectations.
En halua sitäEurLex-2 EurLex-2
32 Secondly, even though the Board of Appeal did not take a stance on that matter, if it is assumed that — as the applicant argued — the mark at issue was registered for a category of goods or services which is sufficiently broad for it to be possible to identify within it a number of sub-categories capable of being viewed independently, it follows that, as is apparent from the considerations set out in paragraph 25 above, the applicant was entitled to exclude from its application for revocation a number of goods and services which it did not dispute had been put to genuine use and the Board of Appeal was wrong to find that the applicant’s application for revocation contravened the general legal principle nemo potest venire contra factum proprium.
Minun pitääkin ostaa ruokaaEurLex-2 EurLex-2
92 sinne gevind in 8 ms. Hulle kom uit baie bronne en word nie nagegaan nie.