Translation of "Ordinary proceedings" in German

The general rule should be that failing credit institutions should be liquidated under ordinary insolvency proceedings.

This is especially true if there is no possibility of transferring to ordinary proceedings.

Only if he lodges opposition the case can be transferred to ordinary proceedings.

Only in cases where the debtor contests the decision, are ordinary legal proceedings initiated.

A fixed penalty may also be imposed in ordinary criminal proceedings.

The customer is entitled to resell the goods as part of ordinary business proceedings.

Competition of the questions of fact and of law raised by this case will be made in the course of the ordinary proceedings leading to a final deci sion.

It is thus very important, as it will allow all creditors in Europe to recover their claims in a uniform way and more rapidly and cheaply than in ordinary court proceedings.

It will also alleviate the burden on the courts by removing from ordinary proceedings those claims where the debtor does not contest the debt.

Paragraph 2 is intended to clarify that the technicalities of how exactly the transfer to ordinary proceedings is effected are governed by the law of the forum Member State.

With the rule of law in mind, it will be impossible not to grant litigants at least the right either to demand the transfer of the case to ordinary civil proceedings with all the attendant procedural safeguards, or to appeal against the judgement brought under the small claims procedure.

It is worth noting that the international community has accepted these safeguards as the “minimum” for future suspects and defendants at the International Criminal Court whilst suspects and defendants in “ordinary” criminal proceedings throughout the European Union do not always benefit from this level of protection.

The concept of ordinary civil proceedings in this Regulation should not necessarily be interpreted within the meaning of national law.

Otherwise, litigants might opt for ordinary proceedings for that reason alone.

Since this choice does not directly touch upon the order for payment procedure but rather upon the ordinary proceedings that follow a statement of opposition it is not free of doubt if this issue needs to be addressed in a European instrument.

Due to the vast diversity in the Member States’ legislation in that respect114 it is doubtful whether it would be wise to suggest substantive rules on the compensation of legal costs in an instrument on a European order for payment which might give rise to contradictions between these provisions and the law applicable in ordinary proceedings.

The requirement of legal representation in the ordinary civil proceedings following a statement of defence or a statement of opposition to a European order for payment shall be governed by the law of the Member State in which the proceedings take place.

In an annex to the application, the claimant may indicate to the court that he opposes a transfer to ordinary proceedings within the meaning of Article 17 in case of opposition by the defendant.

In addition, consumers are unaware of or do not fully exploit the potential of Alternative Dispute Resolution (ADR) mechanisms and of mediation possibilities existing at national level as a cheaper (free or below € 50) and faster alternative to ordinary court proceedings.

At any rate, in the event of a rejection the claimant retains the right to pursue the claim in ordinary proceedings in accordance with Article 5.

As the order for payment procedure is intended to be a rapid summary and efficient procedure, there can be no question of stipulating the same requirements as in the case of a statement of claim to be submitted under ordinary civil proceedings.

It is based on the assumption that, as a rule, creditors who apply for an order for payment choose the procedure because they expect the claim to remain uncontested but are willing to continue to pursue the claim in ordinary proceedings if necessary.

The decision on the well-founded nature of the reasons for contesting the claim relates to the merits of the case and should be taken in ordinary civil proceedings.