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Bertrand P. Wägenbaur - Court of Justice of the EU

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Bertrand P. Wägenbaur

Court of Justice of the EU

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

Results in this title

Use of the language of the case S. 317-320

„… paragraph 3 are in principle decided by the President.Article 38 Use of the language of the case1. The …” „… foregoing provisions, a Member State shall be entitledto use its official language when taking part in …” „… to use one of thelanguages mentioned in Article 36 other than the language of the case. Thisprovision …”

[Language of the case] S. 620-628

„… the Advocate General in delivering his opinionmay use one of the languages referred to in paragraph 1 …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26III. Use the language of the case (paragraph 3 …” „… invalidated should both parties agree on the use ofanother language. That said, it seems appropriate that such …”

Language of a case S. 312-314

„… “external level”, the Judges and the AdvocateGeneral may if necessary make use of the language of their …” „… ”, i.e. for the purposes of the deliberations62 and othersittings, the Judges use the French language …” „… the EU may be, nor may he use his own native language if it is not part of thecatalogue in paragraph …”

[Language of the proceedings] S. 955-958

„… request by any party and after hearing the other parties, the Presidentfinds that the use of that language …” „… defend their interestsand that only the use of another language from among those mentioned inArticle 35(1 …” „… addressed to the General Court andduring the oral procedure, the applicant may use the language chosen by …”

Determination of the language of a case S. 314-317

„… use multiple languages for multiple parts of a proceeding,e.g. for the written and oral proceedings …” „… paragraph 3 are in principle decided by the President.Article 38 Use of the language of the case1. The …” „… language of the case shall in particular be used in the written and oralpleadings of the parties, including …”

[Procedural rules] S. 954-955

„… use of that language would not enable all parties to the proceedingsbefore the Board of Appeal to …” „… follow the proceedings and defend their interestsand that only the use of another language from among …” „… use the language chosen by him inaccordance with paragraph 1 and each of the other parties may use a …”

[Translations] S. 628-631

„… Member States of the EEA-Agreement are not automatically192entitled to use their own official language193 …” „… andthe Advocate General, if any, may use a language of their choice during the oralhearing as long as it …” „… ), sub-paragraph 1 RP GC, whichprovides that the language of the case is to be used in all written and oral …”

[Judicial vacations] S. 618-620

„… submission of documents is and remains“e-Curia”.CHAPTER 5LANGUAGESArticle 35 [Language of the case]1. The …” „… language of a case shall be Bulgarian, Czech, Danish, Dutch, English,Estonian, Finnish, French, German …” „… , Slovene, Spanish orSwedish.2. The language of the case shall be chosen by the applicant, except that:(a …”

[General rules for pleadings] S. 643-659

„… time-limit has elapsed.30bb) Telefax. (1) Proper use of the fax machine. The user should make sure that …” „… into the other languages provided forby Article 1 of Council Regulation No 1. The second subparagraph …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172. Languages …”

[Written and oral procedure] S. 130-136

„… language. The use of French has since become ECJ custom, and, despite theincreasing prevalence of English …” „… advisers need to plead inthe language of the procedure, which may or may not coincide with their …” „… working language of the Court265. As a result, it is highlyadvisable for lawyers and other representatives …”

[Judicial costs] S. 806-809

„… ) Justification for absence of judicial costs? The question ariseswhether the use of the judicial system of the EU …” „… abusive proceedings.(a) The problem. So far, the GC has made little to no use of this provision, due toits …” „… Court’stime and resources. The irresponsible use of the EU Courts ought to always bediscouraged, preferably …”

[Statement of reasons] S. 174-177

„… national colleagues. The need totranslate every judgment501 into the other official languages has a clear …” „… Many decisions of the CST exist only in the language of procedure, which is French inapproximately 80 …” „… % of all cases. A summary is available in the other official languages, but is notpublished on the …”

[Immunities, privileges and facilities] S. 631-636

„… and procedural issues, are only published in the respective language of the case proceedings, as well …” „… as in a summary form in the otherofficial languages.bb) Translation is the exception12 The decisions …” „… of the CST published on the ECJ’s website are almost alwaysavailable in French and the language of …”

Index S. 980-997

„… – Language RP GC 136a– Manifestly inadmissible or unfounded RP GC 145– Notice RP GC 137 138– Oral procedure …” „… Assignment of case– Court of Justice RP ECJ 60Assistant Rapporteur Stat 13 RP ECJ17Authentic text– Language …” „… Annex I 4– Costs Stat Annex I 7 14– Expedited procedure Stat Annex I10– Judges Stat Annex I 2– Language …”

Parties to the main proceedings S. 409-411

„… course, consider whether it is opportune for a party to make use ofthis right, depending upon the …” „… States in the original version, accompanied by a translation intothe official language of the State to …” „… translation shall bereplaced by the translation into the official language of the State to which it …”

a [Conditions] S. 766-776

„… by a translation intothe official language or languages of the Member State to which it is …” „… working language within a veryshort period of time.970 Case T-178/05, United Kingdom v Commission [2005 …” „… translation of theapplication for expedited procedure, as French is the GC’s working language.d) Timing17 …”

INTRODUCTION S. 576-584

„… indications regarding both the written and oral proceedings at theGC19, such as the use of technical means of …” „… ECJ case law, theannual reports, etc. all published in the official languages of the EU on this …” „… currently only available in French, the working language of the EUcourts, but includes links to the full …”

Application for suspension or for interim measures S. 517-526

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21(b) Use by the Commission of Community funds. . . . . . . . . . . . . . . . . 22(c) Health and …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272. Language of proceedings …” „… living756.22 (b) Use by the Commission of Community funds. The institutional rules governingthe …”

Application to intervene S. 463-465

„… the language of theproceedings, with the exception of the Member States, who may make use of …” „… theirofficial language(s).IV. Missing the time-limit (paragraph 4)4 Significantly shortening the time-limit for …”

Procedure provided for by Article 111(3) of the EEA Agreement S. 569-571

„… submit written observations.3. The request shall be made in one of the languages referred to in Article …” „… submitted in one of the official languagesreferred to in Art. 36 RP ECJ, Norway and Iceland cannot use their …” „… own language.The procedure does not include an oral hearing or an Opinion of the …”

[Recoverable costs] S. 809-830

„… are manifestly abusive of the Court’stime and resources. The irresponsible use of the EU Courts ought …” „… translation costs10 An applicant who chooses e.g. English or Danish or any language other than Frenchas the …” „… language of the proceedings does not have to contribute financially to thetranslation of his written …”

Object and effects of the intervention S. 460-463

„… States, who may make use of theirofficial language(s).IV. Missing the time-limit (paragraph 4)4 …” „… , which is evident, but must also employ the language of theproceedings, with the exception of the Member …”

INTRODUCTION S. 276-282

„… the conditions of use applicable to parties’ representatives and assistants.15 The ECJ’s annual …” „… onlymake use of those legal remedies exhaustively laid down in the TFEU18. Thus, noparty is permitted to …” „… ECJ, which are subdivided into “Titles”, “Chapters” and “Sections”,have become much more user-friendly …”

[Referral for preliminary rulings] S. 139-159

„… Member States, whichmay use their own official language410 since the Registrar will subsequently providea …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56b) Language …” „… they wish to hand in, the structure they may opt for, etc.b) Language57 Written observations need to be …”

Implementing rules S. 573-574

„… no discrepancy as both texts use the term ‘legal aid’. However,in the German version, the terminology …” „… Rules, which are authentic in the languages referred to in Article 36 ofthese Rules, shall be published …” „… ”, while Art. 4 and 5 of the “Supplementary Rules” still usethe term “Armenrecht”, (the right of the poor …”

[Practice directions to parties] S. 977-978

„… proceedings. The general part ofthese Directions pertains to the use of technical means of communication …” „… languages mentioned in Article 35(1),shall be published in the Official Journal of the European Union. They …”

[Appointment of the Registrar] S. 604-605

„… of the reasons why hardly any use is madeof Art. 18 RP GC.CHAPTER 3REGISTRYSECTION 1 – THE …” „… accompanied by full details of the candidate’s age,nationality, university degrees, knowledge of any languages …”

[Oath] S. 85-88

„… depending on the language version of theStatute used, it might be worth considering the addition of an …” „… . While the use of gendered pronouns is a largelydescriptive matter rendered more or less problematic …” „… explanatory note clarifying the use ofthe masculine pronoun to refer to both male and female participants in …”

[Judges and Advocates-General] S. 584-586

„… the chambers38, on the language of the proceedings39, and onthe rights and obligations of agents …” „… size: 160.00mm 240.00mm2. Obsolete provision3In the early 1990s the GC made occasional use of this …”

[Appeal limited to points of law] S. 237-248

„… logo’sdistinctiveness877;* The GC’s use of the wrong test to evaluate a trademark’s distinctiveness (i.e …” „… interpretation of the meaning or grammatical function of certainwords in a given language as part of a trademark …” „… , as well as the representativenature of said words in said language, is a matter of fact to be …”

Exclusion from the proceedings S. 327-330

„… individuals. TheECJ is likely to make a careful use of this provision, since it needs to assess in eachcase …” „… constantuse of extremely colloquial and thus untranslatable language and even possibly veryTitle II. Common …”

Conduct of oral proceedings S. 374-377

„… representative(s) of the applicant, who use the lectern located on theright-hand side of the courtroom, plead first …” „… Court’s working language,i.e. French, should be kept in mind at all times. Thus, the pleadings should …” „… are described in the “Notes for Guidance for Counsel”171,which thus provides useful indications as to …”

Preliminary objections and issues S. 496-499

„… led the ECJ to making use of Art. 150 RP ECJ.Article 151 Preliminary objections and issues1. A party …” „… by the Court; the change of the language ofprocedure, the exclusion of the public from the oral …” „… be used if there aregenuine reasons pointing at the inadmissibility of the application. Too …”

[Contents of a written application] S. 136-139

„… is highly advisable for witnesses to avoid language-specificjargon and slang whenever possible to …” „… number ofcases.2. Statistics25In about thirty percent of all cases the Court of Justice makes use of …”

Lodging of procedural documents S. 349-355

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152. Making full use of the time-limits …” „… into the other official languages andsubmit them to the Court within a given deadline. In practice, it …” „… previous practice of refusingsuch notifications133.2. Making full use of the time-limits16 This provision …”

[Periods of grace, unforeseeable circumstances and force majeure] S. 202-212

„… on the use offorce majeure as an excuse for tardy proceedings673.b) Unforeseeable circumstances15 …” „… unclear695 or that a givenprocedural rule is not available in one official language if it is available in …” „… all otherofficial languages696. The ECJ held that the rules governing the time-limits do notpose any …”

Procedures for dealing with cases S. 338-344

„… ECJ does not prevent the ECJ frommaking use of Article 152 (1) RP ECJ if necessary81.3. Direct …” „… furthermore may make use of this provision if it considers that areferral for preliminary ruling does not …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3b) Language …”

Titelei/Inhaltsverzeichnis S. 1-75

„… ................................................................ 239Article 38 Use of the language of the case …” „… ] ................................................................................................ 184Article 64 [Language of the procedure …” „… ........................................... 236CHAPTER 8. LANGUAGES …”

[Admission as intervener] S. 917-923

„… in the language of themain proceedings1994. The requirements set out in lit. a) to e) amount to …” „… unless a specificderogation is provided in the RP1999.2. Choice of lawyer19The intervener may use the …” „… intervene in a givencase1979.II. Time-limit (paragraph 1)61. GC. a) Six weeks. The time-limit, which used to …”

[Appeal] S. 228-235

„… ). The choice toenable parties to use appeal proceedings to have the ECJ review GC decisions (i.e.,orders …” „… to a given chamber, anorder concerning a change of the language of procedure, an order instructing …” „… the right not to make use of it, a principle which isnot entirely upheld by the provision found in Art …”

[Substantive criteria] S. 872-890

„… thewithdrawal of marketing authorizations for medicinal products for human use1757.39 (5) Tasks of general …” „… some parties disregard1797, but must be submitted inseparate document1798 written in the same language …” „… based on future,uncertain events1726. Likewise, claiming that a provisional measure would be“useful”1727 …”

Languages of the publications of the Court S. 320-321

„… very first regulation the Council everadopted in 1958, determining the languages to be used by the …” „… hearing.Article 39 Responsibility of the Registrar concerning language arrangementsThe Registrar shall, at the …” „… course of the proceedings beforethe Court to be translated into the languages chosen from those referred …”

Authentic texts S. 321

„… very first regulation the Council everadopted in 1958, determining the languages to be used by the …” „… published in the ECR, but available onthe ECJ’s website, where they are published in the language of the …” „… available in allofficial languages.5. Council Regulation No. 16 “Council Regulation No. 1” refers to the …”

Language service of the Court S. 321-322

„… very first regulation the Council everadopted in 1958, determining the languages to be used by the …” „… published in the ECR, but available onthe ECJ’s website, where they are published in the language of the …” „… available in allofficial languages.5. Council Regulation No. 16 “Council Regulation No. 1” refers to the …”

Responsibility of the Registrar concerning language arrangements S. 320

„… hearing.Article 39 Responsibility of the Registrar concerning language arrangementsThe Registrar shall, at the …” „… course of the proceedings beforethe Court to be translated into the languages chosen from those referred …” „… thepossibility of having written submissions and oral hearings translated into adifferent language than the …”

Quorum of the Chambers of five and of three Judges S. 311-312

„… Member State uses its own official language(s)and also in the case of the GC. In the case of the CST …” „… LANGUAGESArticle 36 Language of a caseThe language of a case shall be Bulgarian, Czech, Danish, Dutch …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Reducing the number of languages of procedure …”

[Authentic linguistic versions] S. 631

„… and procedural issues, are only published in the respective language of the case proceedings, as well …” „… as in a summary form in the otherofficial languages.bb) Translation is the exception12 The decisions …” „… of the CST published on the ECJ’s website are almost alwaysavailable in French and the language of …”

Translation and service of the request for a preliminary ruling S. 411-413

„… intothe official language of the State to which they are being addressed. Whereappropriate, on account of …” „… language of the State to which it isaddressed of a summary of that request, which will serve as a basis for …” „… appropriate of a summary,into one of the languages referred to in Article 36, to be chosen by the non-Member …”

[Applicable rules of the Statute] S. 267-270

„… Procedure.(2) The provisions concerning the General Court’s language arrangements shallapply to the Civil …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1II. Language arrangements (paragraph 2 …” „… specificities, whichare further commented in the section on the Rules of Procedure of the GC.II. Language …”

Definitions S. 282-283

„… ’ means Council Regulation No 1 of 15 April 1958determining the languages to be used by the European …” „… incorporates a full referenceto Council Regulation No. 1 of 1958 determining the languages to be used by …” „… , some provisions, such as the rules governing the language of theprocedure24 and the rights and …”

Reply by reasoned order S. 413-414

„… language, but may choose one of the official languages referredto in Art. 36 RP ECJ, which is usually …” „… frequently uses the first two alternatives in this provision and to a lesserextent the third alternative, all …”

Responsibilities of the Registrar S. 297-300

„… available in all official languages, has becomea very useful source of information and has been recently …” „… the interest of clarity and besides makes it more user-friendly.II. Tasks relating to documents and …” „… language of the ECJ. For those who do not have asufficient command of French, it is of little comfort that …”

Content of the application S. 442-449

„… theirofficial language the language of proceedings for their part of the case in question)472.b) Errors to be …” „… 9.1.580; Page size: 160.00mm 240.00mmThis is particularly useful in case of long and/or numerous …” „… provisions consideredbeing relevant for the individual case. It may also be useful to indicate if and when …”

Recording of the hearing S. 386

„… premises, to thesoundtrack of the hearing in the language used by the speaker during that hearing.The …”

[Minutes of the hearing] S. 172

„… signed by the President and theRegistrar.The details of such minutes, which are drafted in the language …” „… verbatim record is provided by an audio recording of the hearing,which may be used by the Judges and the …”

Publication and entry into force of these Rules S. 574-576

„… force of these RulesThese Rules, which are authentic in the languages referred to in Article 36 ofthese …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15V. Derived law and other useful information …”

[Questions] S. 724-733

„… . the working language of theGC, they will need to adapt to the fact that the interpreters, though …” „… completely and accurately into the Judge’s language of choice. Moreover,speakers should be aware that …” „… point list of arguments mightbe more helpful than a fully drafted text. If the speaker uses such …”

[Hearing experts, witnesses and parties] S. 171-172

„… minutes, which are drafted in the language of the procedure,are laid down in the Rules of Procedure485 and …” „… may be used by the Judges and the Advocate General, if necessary. Theminutes are a rather minimalistic …”

Minutes of hearings S. 385-386

„… listen, on the Court’s premises, to thesoundtrack of the hearing in the language used by the speaker …”

Date of delivery of a judgment S. 386-387

„… premises, to thesoundtrack of the hearing in the language used by the speaker during that hearing.The …”

[Case list] S. 172-173

„… signed by the President and theRegistrar.The details of such minutes, which are drafted in the language …” „… verbatim record is provided by an audio recording of the hearing,which may be used by the Judges and the …”

Keeping of the register S. 300-301

„… version of the digest only existsin French, i.e. the working language of the ECJ. For those who do not …” „… . The digest, which is updated periodically, is avery useful tool, as it provides a quick access to each …”

Revision S. 513-517

„… application for revision needs to be drafted in the same language ofprocedure as the one used at first …”

[Publication in the OJ] S. 866-871

„… : 160.00mm 240.00mminternet and thus immediately available in all official languages1625. That said …” „… applicant’sknowledge being used as the starting point of the period for instituting proceedingsis subsidiary to the …”

doi.org/10.5771/9783845259079

Markus Warasin - Die asymmetrische Politisierung als neue Triebfeder der europäischen Integrationsdynamik

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Markus Warasin

Die asymmetrische Politisierung als neue Triebfeder der europäischen Integrationsdynamik

Series: Schriftenreihe des Arbeitskreises Europäische Integration e.V.

Volume 106 2019

Results in this title

4. Minority protection and lesser used language promotion: the Convention on the future of the European Union S. 137-157

„… differ from each other in their linguistic competences, in the opportunities to use their languages as …” „… Minority protection and lesser used language promotion: the Convention on the future of the …” „… document could signal a potentially significant step forward for lesser-used language protection. Keywords …”

Titelei/Inhaltsverzeichnis S. 1-8

„… of lesser-used languages4.1. 138 Amending Legislation4.2. 142 Implications of the New Context4.3. 149 …” „… . 159 Initiatives for the Promotion of Lesser-used Languages5.2. 162 Concrete Proposals for the EU’s …” „… publishers. Under § 54 of the German Copyright Law where copies are made for other than private use a fee is …”

5. A Minority Charter? Opportunities for and Perspectives on the Protection of Minorities S. 158-185

„… Convention for the promotion of linguistic diversity including lesser-used languages, it might be useful to …” „… to nongovernmental organisations that defend the use of regional or minority languages in Europe …” „… European Bureau for Lesser Used Languages (EBLUL)3 was created, and in 1983, a specific budget-line (B …”

3. Sprachminderheiten in der Europäischen Union S. 125-136

„… contributions from the European Union in promoting regional and lesser-used languages. Keywords: European Union …” „… wurde 1982 auch das Europäische Büro für Sprachminderheiten (European Bureau for Lesser Used Languages …” „… , Jordi / Strubell, Miquel, Dicussion Manual on lesser used languages, European Bureau for Lesser Used …”

1. Die asymmetrische Politisierung als neue Triebfeder der europäischen Integrationsdynamik – Fünf Politikfelder im Vergleich S. 9-58

„… Lesser Used Languages – EBLUL) stand dabei vor allem auch die Frage nach einem angemessenen Umgang mit …” „… Europäischen Parlaments wurde 1982 das „European Bureau for Lesser Used Languages“ (EBLUL) gegründet und 1983 …” „… parl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+RULES-EP+2017011 6+0+DOC+PDF+V0//DE&language=DE 1. Die asymmetrische Politisierung als neue Triebfeder 15 …”

doi.org/10.5771/9783845297941

Matthias Lehmann, Christoph Kumpan - European Financial Services Law

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Matthias Lehmann (ed.), Christoph Kumpan (ed.)

European Financial Services Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2019

Results in this title

Article 19 Uses of languages S. 1016-1018

„… Chapter V Use of languages and issuers incorporated in third countries Article 19 Uses of languages …” „… in the home Member State, the prospectus shall be drawn up in a language accepted by the competent …” „… shall be drawn up either in a language accepted by the competent authorities of those Member States or …”

Article 7 S. 1051-1054

„… manufacturer must use clear, succinct and comprehensible language18 that is accessible to retail investors and …” „… different regions within a single country that use different languages, the KID must be published in each …” „… of the official languages, used in the part of the Member State where the PRI- IP is distributed, or …”

Article 6 S. 1048-1051

„… manufacturer must use clear, succinct and comprehensible language18 that is accessible to retail investors and …” „… information, in particular, in language that is clear, succinct and comprehensible. 5. Where colours are used …” „… of the official languages, used in the part of the Member State where the PRI- IP is distributed, or …”

Article 20 Languages S. 1189-1193

„… Languages (1) Where securities are admitted to trading on a regulated market only in the home Member State …” „… , regulated information shall be disclosed in a language accepted by the competent authority in the home …” „… Art. 20 TD Wolf-Georg Ringe 1189 8 9 10 11 12 (a) in a language accepted by the competent authority in …”

Article 18 Notification S. 1014-1016

„… admission to trading Art. 18 PD Paola Lucantoni 1015 1 2 3 4 Chapter V Use of languages and issuers …” „… incorporated in third countries Article 19 Uses of languages 1. Where an offer to the public is made or …” „… drawn up in a language accepted by the competent authority of the home Member State. 2. Where an offer …”

Article 94 Same disclosures as in UCITS home state S. 1436-1437

„… disclosures are provided only for the languages used in the larger Member States or for countries where a …” „… translated into the official language, or one of the official languages, of the UCITS host Member State or …” „… into a language approved by the competent authorities of that Member State; (c) information or …”

Article 95 Implementing legislation S. 1437-1438

„… only for the languages used in the larger Member States or for countries where a significant investor …” „… (ii) the key investor information shall be translated into an official language of the host state …” „… or any language approved by the host competent authority. For instance, in Luxembourg any key …”

Article 78 Mandatory key investor information document for each UCITS; format and content of key investor information document S. 1418-1421

„… presentation, CESR has issued a guide concerning the use of clear language and layout.3 Arts 4-6 of Commission …” „… , in one of the languages referred to in Article 94(1)(b). 2. Key investor information shall include …” „… and free of charge at any time, and the language in which such information is available to investors …”

Article 11 Incorporation by reference S. 995-997

„… previously approved shall be valid for use as a constituent part of a prospectus for 12 months after its …” „… incorporated by reference may be written in a different language than the language in which the prospectus is …” „… drafted. The issuer can incorporate a document drawn up in a different language than that of the …”

Article 8 S. 1054-1063

„… investor has his registered address and in which languages the retail investor is familiar. Based on this …” „… criteria an investment firm shall be allowed to provide a KID in the retail investor’s domestic language …” „… PRIIP. In order to avoid retail investors receiving KIDs in languages which they do not understand …”

Article 93 Notification procedure S. 1433-1436

„… attestation referred to in paragraph 3 are provided in a language customary in the sphere of international …” „… attestation being provided in an official language of both Member States. 5. Member States shall ensure that …” „… notification letter and UCITS attestation, the use of electronic communication between competent authorities …”

Article 4 Exemptions from the obligation to publish a prospectus S. 969-974

„… by Rec 10 of the Prospectus Amending Directive, ‘in the event that consent to use the prospectus has …” „… drawing up such initial prospectus does not consent to its use, the financial intermediary should be …” „… , including the document referred to in point (e), is available at least in a language customary in the sphere …”

Article 19 Home Member State control S. 1187-1189

„… . The use of electronic communication is however subject to a number of conditions, which are spelled …” „… number of Member States have made use of this possibility.16 Chapter IV General obligations Article 19 …” „… ). Further requirements concerning regulated information follow from Article 20 (concerning the language of …”

Article 5 The prospectus S. 974-984

„… that, in a concise manner and in non-technical language, provides key information in the language in …” „… ; and Art 16 regarding the use of supplements for prospectuses and summaries and the related withdrawal …” „… to use prospectuses as ‘ex-post legal documents rather than as exante information sources’. Art. 5 PD …”

Article 38 Provisions regarding CCPs, clearing and settlement arrangements in respect of MTFs S. 235-236

„… subpara 1, and a few insubstantial changes to the language in subpara 2). Article 37(2) MiFID II is almost …” „… equivalent to Art 34(2) MiFID I (except for minor changes to the language). Recitals Recitals 15 and 108 …” „… oppose the use of CCP, clearing houses and/or settlement systems in another Member State except where …”

Article 37 Access to CCP, clearing and settlement facilities and right to designate settlement system S. 234-235

„… participants. Member States shall not restrict the use of those facilities to the clearing and settlement of …” „… Regulation (EU) No 648/2012” in subpara 1, and a few insubstantial changes to the language in subpara 2 …” „… ). Article 37(2) MiFID II is almost equivalent to Art 34(2) MiFID I (except for minor changes to the language …”

Article 22 Mandatory depositary; appointment and duties of depositary S. 1353-1357

„… competent authority may agree to use German as an official language. Management companies may pursue …” „… exchange between the competent authorities of home and host Member State should take place in a language …” „… Member State may agree to the information being provided in an official language of both Member States.7 …”

Article 17 Public disclosure of inside information S. 778-799

„… endorses it. Although it uses some identical language used by the CJEU, it does not follow explicitly from …” „… Consultation Paper, its approach expressly does not relate to the language to be used. The respective provision …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 c) Language …”

Article 17 Information requirements for issuers whose shares are admitted to trading on a regulated market S. 1179-1183

„… shareholders, the home Member State shall allow issuers the use of electronic means, provided such a decision …” „… is taken in a general meeting and meets at least the following conditions: (a) the use of electronic …” „… the use of electronic means for conveying information and, if they do not object within a reasonable …”

Article 21 Host member state supervision in case of a branch S. 1350-1353

„… may agree to use German as an official language. Management companies may pursue cross-border …” „… competent authorities of home and host Member State should take place in a language customary in the sphere …” „… to the information being provided in an official language of both Member States.7 Example: A german …”

Article 14 b Details and proportionality of remuneration policy S. 1339-1343

„… five-year retention period; (q) staff are required to undertake not to use personal hedging strategies or …” „… complaints in the official language or one of the official languages of their Member State. Management …” „… in the official language of the investors’ home Member State. A complaint, once formally filed, will …”

Article 3 Obligation to publish a prospectus S. 965-969

„… use of proceeds. Level 2 As stated under → Art 4 (see discussion below for more information), the …” „… Article 9 and the issuer or the person responsible for drawing up such prospectus consents to its use by …” „… separate qualified-investor register, and under the current regime issuers can use the lists of …”

Article 8 Interchange fees for direct debit transactions S. 1768-1770

„… in Art 8(2) is subject to a strict and narrow interpretation. The language of Art 8(1) prohibits fees …” „… arrangements through both the application mutatis mutandis of Art 8(1) and (2) and the equivalence language …” „… is not allowed to exclude, unilaterally or on the basis of a party agreement, the use of a payment …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 18 1014 Chapter V Use of languages and issuers incorporated in third countries Uses of languages …” „… of the material is concerned, specifically those of translation, reprinting, re-use of …” „… banks. Under § 54 of the German Copyright Law where copies are made for other than private use a fee …”

Article 96 Consistency on legal form S. 1438

„… pursuing its activities, a UCITS may use the same reference to its legal form (such as investment company …” „… that could be misled if the legal form is translated into the language of the host Member State. A …” „… ’. Note that Art 96 of UCITSD does not require UCITS to use the same specification of legal forms as in …”

Article 4 Annual financial reports S. 1118-1124

„… incorporated.16 The reason is that while the use of IFRS is mandatory for consolidated financial statements for …” „… required the period to be ‘at least five years’, and Member States had made use if this in slightly varying …” „… financial reports in the human readable XHTML (Extensible Hyper Text Markup Language) format, which can be …”

Article 97 Appointment and qualifications of competent authorities S. 1438-1439

„… pursuing its activities, a UCITS may use the same reference to its legal form (such as investment company …” „… that could be misled if the legal form is translated into the language of the host Member State. A …” „… ’. Note that Art 96 of UCITSD does not require UCITS to use the same specification of legal forms as in …”

Index S. 1785-1803

„… 17 71 – language MAR 17 36 et seq. – leak MAR 17 103 et seq. – legitimate interests MAR 17 66 et …” „… . – language PRIIPR 7 1, 5 et seq. – liability PRIIPR 11 et seq. – limitation of liability PRIIPR 19 …” „… 12 11 – investement management TD 10 34 – investment firms TD 12 27 et seq. – language TD 20 15 et …”

Article 11 S. 1067-1072

„… alia in the respective German versions as ‘incorrect’, the term ‘inaccurate’ used in other languages is …” „… promptly by the PRIIP manufacturer on its website.15 Where possible the PRIIP manufacturer should use means …” „… ) Prospectus Directive and in Article 79(2) UCITS Directive, but has been translated in other languages inter …”

Article 7 Inside information S. 673-692

„… shall mean information a reasonable investor would be likely to use as pArt of the basis of his or her …” „… Standards, do not deal with the definition of ‘inside information’. However, ESMA has made use of its powers …” „… trading public, not the use of non-public information.24 MAR describes the objectives of the Regulation …”

Article 21 Access to regulated information S. 1193-1197

„… Directive 2007/14/EC, Article 12(2). 10 Article 21(1) uses the wording ‘use such media as may reasonably be …” „… notification would be in the language of the issuer’s home Member State. Article 20(5) goes beyond this and …” „… issuer to use such media as may reasonably be relied upon for the effective dissemination of information …”

Article 9 Payment accessibility S. 1770-1771

„… ) and the equivalence language. Article 9 Payment accessibility 1. A payer making a credit transfer to a …” „… agreement, the use of a payment account located in a Member State and that is reachable in accordance with …” „… impermissible. II. Commentary General Rule Both paragraphs of Art 9 above address the payment service user that …”

Article 2 Definitions S. 1751-1755

„… payer and payee in a transaction. The use of unclear language ‘or both’, which is seen in Art 4(10) of …” „… ) ‘payment account’ means an account held in the name of one or more payment service users which is used for …” „… legal person making use of a payment service in the capacity of payer or payee; (10) ‘payment …”

Article 12 Prospectuses consisting of separate documents S. 997-999

„… prospectus in countries where the Polish language is accepted by the relevant national competent authorities …” „… Arts 8 and 16 of the Prospectus Directive regarding the use of supplements for prospectuses and …” „… universal registration document in place, it will be possible for this to be used as a constituent part of …”

Articles 27 to 31 S. 934-937

„… has made use of this power by adopting Art 24 of Delegated Regulation (EU) No 918/2012.16 Inquiries by …” „… relating to short selling or the use of CDSs in order to assess whether that issue or practice poses any …” „… invoke the effet utile. Article 41 SSR, however, goes beyond this standard language insofar as the …”

Article 10 Acquisition or disposal of major proportions of voting rights S. 1148-1155

„… threshold crossing under paragraph 2. So far, the Commission has only partially made use of these powers by …” „… term ‘life interest’ refers to the right to the use of a (real or personal) property and the right to …” „… , a comparison with other language versions (German: Nießbrauch; French: usufruit) reveals that the …”

Article 40 Conditions for the marketing in the Union with a passport of non-EU AIFs managed by a non-EU AIFM S. 1554-1558

„… referred to in paragraph 5 and the statement referred to in paragraph 6 are provided in a language …” „… AIFM in order to make use of the third country passport for the marketing on non-EU AIF in the EU. Each …”

Article 10 Unlawful disclosure of inside information S. 711-718

„… of persons.4 The language used by the Regulation, i.e. prohibiting disclosure to any other person …” „… generally be seen as less critical than disclosure to external persons, since the use of the information by …” „… disclosure is ‘reasonable’.33 Other regulators and commentators do not use the term ‘reasonable’ and do not …”

Article 12 Procedures on the notification and disclosure of major holdings S. 1156-1163

„… notified. A number of Member States have made use of this possibility to exclude intra-day netting.10 This …” „… language will not have any significant implications, because in practice the most important feature is the …” „… itself crosses a threshold or not.22 If the group makes use of Article 12(3), it needs to provide all the …”

Article 16 Organisational requirements S. 65-120

„… con- Art. 16 MiFID II 1. Security Markets and Services 66 Dirk Zetzsche tractor or the use of which …” „… firm’s insolvency, and to prevent the use of a client’s financial instruments on own account except with …” „… institutions, prevent the use of client funds for its own account. 10. An investment firm shall not conclude …”

Article 2 Definitions S. 1104-1114

„… ), (3) and (4). A large number of Member States have made use of this possibility.31 Article 17. Article …” „… , have made use of this possibility.33 It may however only apply to issuances that took place before 20 …” „… some non-EU issuers trade on European stock exchanges like the London Stock Exchange through the use of …”

Article 12 Market manipulation S. 730-756

„… CJEU, however, referring to the English and other language versions which used more open-ended wording …” „… enforcement of the prohibition in Art 16. Level 2 and 3 measures The Commission has made use of its mandate …” „… stabilised and maintained at an artificial level for some period of time. The Dutch language version of the …”

Article 24 General principles and information to clients S. 157-180

„… directly, on the other hand, must use the information obtained from manufacturers and information about …” „… target market, and must either obtain information from the manufacturer or use acceptable publicly …” „… conduct suitability or appropriateness tests (discussed further under Art 25 below), firms can use already …”

Article 8 Insider dealing S. 692-705

„… , financial instruments to which that information relates. The use of inside information by cancelling or …” „… that are held pursuant to Regulation (EU) No 1031/2010, the use of inside information shall also …” „… to make such a cancellation or amendment. 3. The use of the recommendations or inducements referred …”

Article 13 S. 1163-1172

„… in 2011.9 The language of these proposals was later revised, but the gist of the Commission Proposal …” „… particular through the use of contracts for difference.21 One of the purposes was to create a catch-all …” „… draft ITS. These forms would then be used for the notification to the issuer and to the competent …”

Article 57 Position limits and position management controls in commodity derivatives S. 317-334

„… account of the nature and composition of market participants and of the use they make of the contracts …” „… attributed to the ‘financialisation’ of agricultural markets due to the use of derivatives, such as futures …” „… granted effective intervention powers to prevent market abuses”, and that they “should have and use formal …”

Article 77 Marketing communications S. 1417-1418

„… in Article 78 is available. It shall specify where and in which language such information or …” „… that document, in one of the languages referred to in Article 94(1)(b). 2. Key investor information …” „… and free of charge at any time, and the language in which such information is available to investors …”

Article 5 S. 1046-1048

„… official, or one of the official languages used in the part of the member state where the PRIIP is …” „… distributed, would be triggered in more cases if the language ‘made available’ were used in that provision …” „… particular, in language that is clear, succinct and comprehensible. 5. Where colours are used in the key …”

Article 38 Enabling of cross-border mergers S. 1371-1372

„… both the merging and the receiving UCITS home Member State to read them in the official language or one …” „… of the official languages of that Member State or those Member States, or in a language approved by …” „… merger techniques provided for in Article 2(1) (p). 2. The merger techniques used for cross-border …”

Article 59 Exemption procedure regarding feeder’s investments into master S. 1398-1399

„… 58(3)(b) and (c). Documents shall be provided by the feeder UCITS in the official language, or one of …” „… the official languages, of the feeder UCITS home Member State or in a language approved by its …” „… assets or assets used for hedging purposes or operational facilities. The latter alternative applies to …”

Article 4 S. 1039-1046

„… include a summary that, in a concise manner and in non-technical language, provides key information in the …” „… language in which the prospectus was originally drawn up. The format and content of the summary of the …” „… Gerhards and Kay Rothenhöfer 1 II. Commentary Article 4(1) The PRIIP Regulation uses a broad definition of …”

Introduction to Chapter IV S. 236-237

„… (except for some minor changes to the language). Recitals Recital 15 MiFID II. II. Commentary Investment …” „… focuses on the impact on financial markets. Finally, Art 38(2) MiFID II uses the phrase "demonstrably …”

Article 20 Issuers incorporated in third countries S. 1018-1020

„… prospectus to make it equivalent with the requirements under the Prospectus Directive. Chapter V Languages …” „… the Prospectus Directive which may be used by ESMA to assess what disclosures need to be included in …” „… and so that information obtained from carrying out the delegated tasks is not used unfairly or to …”

Article 28 Administrative measures and sanctions S. 1216-1219

„… language is used to distinguish the measures and sanctions regulated by the TD from any civil or criminal …”

Articles 32 to 41 S. 937-939

„… invoke the effet utile. Article 41 SSR, however, goes beyond this standard language insofar as the …” „… , proportionate and dissuasive’. For a long time this has been the standard phrase used in EU legislation to …”

Article 29 Publication of decisions S. 1223-1226

„… language differs only slightly from the terminology used in Article 28b(1)(b), without probably intending a …” „… situations where the publication of a TD breach is used itself as a sanction under the ‘naming and shaming …” „… where legal remedies or recourse against it still exist or where they have been used. This follows …”

Article 6 Responsibility attaching to the prospectus S. 984-987

„… ; nonetheless, ‘it shall be a document of a standardized format, written in a simple language and which is easy …” „… unit of at least EUR 100,000; c. the format used and the information required in prospectuses relating …” „… format used and the information required in prospectuses relating to non-equity securities, in so far as …”

Article 35 a Civil Liability S. 1294-1301

„… held by the rating agency.26 Nonetheless, the language does not constitute a reversal of the burden of …” „… agencies, which may be used in the EU in accordance with Art 5 CRA Regulation without being adopted by a …” „… rating is used, in accordance with Art 4 et seq. CRA Regulation.34 Likewise, civil liability issues that …”

doi.org/10.5771/9783845279893

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Linda Elder

Liberating the Mind

2019

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CHAPTER THREE: SOCIOCENTRIC AND OTHER IRRATIONAL USES OF LANGUAGE S. 96-110

„… EGroups often use language in sociocentric ways. In doing so, they rationalize unjust acts and irrational …” „… countries” all exemplify the manipulative use of language when these words are intended to mask what is …” „… others’ use of language; they try never to manipulate others through their words.THE MIND NATUR ALLY …”

CHAPTER SIX: ENVISIONING CRITICAL SOCIETIES S. 161-200

„… routinely study connections between the two.• do not use language to manipulate other people; do not allow …” „… other people to manipulate them through their use of language.• recognize the important role of …” „… primary focus. People would realize that whenever they use language, they make conceptual decisions. If …”

Preface

„… IRRATIONAL USES OF LANGUAGE …” „… Trouble Seeing through Ideological Uses of Words. . . . . . . . .106People Frequently Use Inappropriate …” „… Your Life Critical Thinking: Learn the Tools the Best Thinkers Use The Thinker’s Guide to the Nature …”

CHAPTER ONE: THE PROBLEM OF SOCIOCENTRISM S. 3-54

„… language. And what else? I don’t know. What do you think of the French, for instance? The French are very …” „… . We might use the term “group selfishness” for our intended meaning here; but it seems rather to be an …” „… “groupish” seems a better fit for the purpose. Note that this use of the term “groupish” differs from the …”

CHAPTER TWO: MANIFESTATIONS OF SOCIOCENTRIC THOUGHT IN HUMAN SOCIETIES S. 55-95

„… country’s dominant ideologies. For instance, language is often used ideologically by the press. In so doing …” „… essence, he anticipated the term “überwealthy,” now in almost common use. He could see powerful and …” „… various media subsidiaries predictably lined up to cheerlead the use of U.S. military force in Kosovo, it …”

CHAPTER FOUR: SOCIOCENTRIC COUNTERFEITS OF ETHICAL REASONING S. 111-130

„… unavoidable necessities (“forced on them” by their opponents). They frequently use propaganda to further …” „… manipulated by unethical politicians. They look beneath the surface of the words politicians use to their …” „… one has to put a stern restraint upon one’s self to prevent one’s self from describing, in language …”

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europa ethnica

Browse Volumes: europa ethnica

europa ethnica Volume 69 (2012) Issue 3-4 ISSN Online: 0014-2492

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Enikő Marton, László Vincze Why Are Girls Interested More in Bilingualism? Gender effects on learning and using the minority language among majority language speakers in Finland and South-Tyrol S. 97-101

„… minority language and thus contributes to differences in second language use among boys and girls . The …” „… Cronbach’s α = .70 in South-Tyrol . Language use. Language use was measured by five 5-point scales . The …” „… items assessed L2 use in different domains and with different interlocutors, such as language use in …”

doi.org/10.24989/0014-2492-2012-34

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