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porter à hauteur de cassation

English translation: brought before the highest court/appealed to the highest court

13:17 Jun 16, 2020
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: porter à hauteur de cassation
Cour de Cassation - pleadings seeking to overturn an appeal judgment relating to a foreign company said by the respondents, winners of the appeal case, to be an "agency" of a foreign State.

This is about prior, related proceedings undertaken in another country (outside Europe).

"Le xxx 2014, BBB ont formé un recours en nullité contre cette sentence, devant la cour d'appel de CCC.

Cette dernière, par arrêt du xxx 2015, a jugé que la sentence arbitrale du xxx 2014 était insusceptible de recours, y compris d'un recours en annulation, en application de l'article 3/9 de l'annexe à la Convention FFF ...

Le litige a été porté à hauteur de cassation et par arrêt du xxx 2016, la Cour suprême de GGG a cassé l'arrêt d'appel du xxx 2015, en jugeant que l'article 3/9 de l'annexe à la Convention FFF ne pouvait faire obstacle au recours en annulation, lequel n'était pas assimilable à « un moyen de recours contre les jugements », mais « un moyen de contrôler les sentences entachées de vices dans leur existence »."

In this country GGG the "Highest Court" is the Cour suprême (there is no Cour de cassation), and yet this process appears to mean that it was "elevated to the highest judicial level" or words to that effect.
Mpoma
United Kingdom
Local time: 00:57
English translation:brought before the highest court/appealed to the highest court
Explanation:
The Cour de cassation is the highest court: "La Cour de cassation est, dans l ’ordre judiciaire français, la juridiction la plus élevée." https://www.courdecassation.fr/institution_1/presentation_28...

... and that's the point of the line: not which specific court the dispute was before, but the fact it went as high as it possibly could, so the decision made there was unappealable. After all, it doesn't even say "la Cour de cassation"; instead it says "à hauteur de cassation." The point being, that's how high it went.

So rather than translating "Cour de cassation," which after all isn't even in the original line we're translating, we can just say it went to the highest court.
Selected response from:

Eliza Hall
United States
Local time: 19:57
Grading comment
Thanks. Fits.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1litigation taken up to the supreme Court
Francois Boye
4 +1referred for cassation
philgoddard
4brought before the highest court/appealed to the highest court
Eliza Hall
4 -1referred to Supreme Court level/up to the Supreme Court
AllegroTrans
4 -2appealed in the Court of Cassation
SafeTex
3 -3to bring to supreme order by court
Lisa Rosengard


Discussion entries: 2





  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
porter à hauter de cassation
litigation taken up to the supreme Court


Explanation:
my take

--------------------------------------------------
Note added at 21 mins (2020-06-16 13:38:39 GMT)
--------------------------------------------------

Erratum: supreme court instead of supreme Court

In the UK tradition, the supreme court is the Privy Council

Francois Boye
United States
Local time: 19:57
Native speaker of: Native in FrenchFrench
PRO pts in category: 104

Peer comments on this answer (and responses from the answerer)
agree  Neil Crockford
23 mins
  -> Thanks!
neutral  Adrian MM.: stylistically problematical as immediately doubled up by : la Cour suprême de GGG ....
1 hr
neutral  AllegroTrans: In the UK the Supreme Court is not the Privy Council, we now have a Supreme Court by that name and the Privy Council is no longer a UK court
4 hrs
neutral  Eliza Hall: Why include the name of a court, when the VF doesn't contain a court name, and not all the highest courts are called Supreme in EN?
1 day 5 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
porter à hauter de cassation
referred for cassation


Explanation:
It sounds like the cassation was carried out by the supreme court rather than a court of cassation.


A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In this way they differ from systems which have a supreme court which can rule on both the facts of a case and the relevant law. The term derives from the Latin cassare, "to reverse/overturn".
http://en.m.wikipedia.org/wiki/Court_of_cassation



philgoddard
United States
Specializes in field
Native speaker of: English
PRO pts in category: 282
Notes to answerer
Asker: Thanks. Re your earlier question, whether I was sure about the lack of a Court of Cassation in this country. It's a Developing Country, but I tried to get clarity: it's not clear. Obviously, as you can see from my FR text, the court this text refers to as the "Cour suprême" clearly deals with reversals on points of law, and thus appears to function as a Court of Cassation, either way.


Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: referred to cassation level
3 mins
agree  Rocsana Guignaudeau
4 hrs
disagree  Francois Boye: cassation means quashing
8 hrs
  -> No it doesn't. Casser, later in the sentence, means to quash.
disagree  Eliza Hall: This doesn't mean anything in English. It's just a name, which requires an explanation (WTH is "cassation" or the "court of cassation"?).//ETA for monolingual or non-lawyer readers, I meant.
1 day 4 hrs
  -> I'm sorry you've never heard of it. If international law was one of your subjects, or you'd bothered to read my reference, you would have too.
agree  Germaine: https://www.lexology.com/library/detail.aspx?g=e7f1f413-1ed4...
2 days 41 mins
  -> Thanks.
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -3
to bring to supreme order by court


Explanation:
It describes a case which reached a court of appeal against a decision to sentence in the year 2015.

Example sentence(s):
  • The dispute was brought to the high court and by arrest from the year 2016, the supreme court broke the appeal of arrest in 2015, by deciding that article 3/9 of the appendix to the convention could not present an obstacle to the appeal
  • Le litage a été porté a hauteur de cassation et par arrêt de l'an 2016, la cour suprème a cassé l'arrêt d'appel de 2015, en jugeant que l'article 3/9 de l'annexe de la convention ne pouvait pas faire obstacle
Lisa Rosengard
United Kingdom
Local time: 00:57
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: "supreme order by court"? What does that mean? I suggest that it's nonsense yet again
6 mins
neutral  philgoddard: It says on your profile that you have 21 years' experience. You should know what "arrêt" means by now.
22 mins
disagree  Eliza Hall: Arrest? Supreme order? I'm sorry, this is not only an incorrect translation, but meaningless in English.
1 day 1 hr
disagree  Yvonne Gallagher: "bring to supreme order by court" is meaningless
1 day 17 hrs
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
referred to Supreme Court level/up to the Supreme Court


Explanation:
I am guessing that a French person steeped in the tradition of the Cour de Casation wrote this. In the circumstances, "Supreme Court" will work imo.

AllegroTrans
United Kingdom
Local time: 00:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1355

Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: Mpoma said there's no Supreme Court in this country. Also, Supreme Court doesn't necessarily mean that (courts of first instance in NY state are called the "Supreme Court"). So, would avoid this to avoid confusion.
1 day 58 mins
  -> he said there was no Cour de Cassation so I propose a broad equivalent also we need to forget what happens in USA or UK and try to be 'universal'; a Supreme Court is (in the vast majority of cases) the "highest" court
neutral  Germaine: Dans la plupart des pays, c'est de fait la Cour suprême qui dispose d'un pouvoir de cassation, mais dans d'autres pays, ce pouvoir peut revenir à une simple "Cour supérieure". J'éviterais aussi d'être spécifique devant une expression plutôt générique.
1 day 21 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -2
appealed in the Court of Cassation


Explanation:
despite the French "porter", I'd use this

--------------------------------------------------
Note added at 2 hrs (2020-06-16 15:47:29 GMT)
--------------------------------------------------

or "before" the Court of Cassation

--------------------------------------------------
Note added at 14 hrs (2020-06-17 03:55:26 GMT)
--------------------------------------------------

Maybe I should add that when they publish material in English, they call themselves the French Cour de Cassation
https://www.courdecassation.fr/institution_1/in_6_2850/engli...
It's therefore a proper noun with no official translation and so should be kept as such


    https://www.courdecassation.fr/about_the_court_9256.html
    https://www.courdecassation.fr/IMG/File/About%20the%20court_mars09.pdf
SafeTex
France
Local time: 01:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 87

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: The asker says there is no court of cassation.
1 hr
  -> Oops. I missed that bit
disagree  Eliza Hall: You appeal "to" higher courts (not "in" them), and you're translating a term that's not there--the original doesn't say "Court de cassation" but "à hauteur de cassation." Not the same thing.
1 day 3 hrs
  -> so that's 4 disagrees and one neutral you have just handed out. Obviously there is only one right answer and it's yours of course as usual. Your presence and behaviour on this forum is not very constructive
disagree  Germaine: Have to agree with Eliza on this one.
1 day 23 hrs
  -> No probs.
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1 day 5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
brought before the highest court/appealed to the highest court


Explanation:
The Cour de cassation is the highest court: "La Cour de cassation est, dans l ’ordre judiciaire français, la juridiction la plus élevée." https://www.courdecassation.fr/institution_1/presentation_28...

... and that's the point of the line: not which specific court the dispute was before, but the fact it went as high as it possibly could, so the decision made there was unappealable. After all, it doesn't even say "la Cour de cassation"; instead it says "à hauteur de cassation." The point being, that's how high it went.

So rather than translating "Cour de cassation," which after all isn't even in the original line we're translating, we can just say it went to the highest court.

Eliza Hall
United States
Local time: 19:57
Specializes in field
Native speaker of: English
PRO pts in category: 145
Grading comment
Thanks. Fits.

Peer comments on this answer (and responses from the answerer)
disagree  SafeTex: You bring a case before a court, you don't bring an appeal before a court. Food for the goose is food for the gander
2 hrs
  -> Oh really? "An appeal was brought before the Court of Justice of the European Communities..." https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:C2...
agree  Germaine: L'expression est générique. Cette traduction l'est tout autant.
20 hrs
  -> Merci.
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