anordnen
English translation: grant
| GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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| 15:48 Oct 21, 2010 |
| German to English translations [PRO] Law/Patents - Law (general) | |||||||
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|  Selected response from: Kim Metzger Mexico Local time: 05:25 | ||||||
Grading comment
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| Summary of answers provided | ||||
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| 3 +3 | granted |
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Answers
22 mins confidence: 
peer agreement (net): +3
peer agreement (net): +3granted Explanation: Or ordered. The Board pointed out that the term "suspensive effect" does not mean the immediate cancellation of the objected decision. The suspensive effect means that the consequences resulting from an objected decision do not occur immediately after the delivery of the decision, but that each article is frozen until the Board has definitively dealt with the appeal. http://www.chaillot.com/ip-news/article/right-to-file-a-divi... Today, the Appeals Chamber of the International Criminal Court (ICC) granted the suspensive effect to the Prosecution’s appeal against Trial Chamber I oral decision to release Thomas Lubanga Dyilo, dated 15 July, 2010. Therefore the accused will remain under custody of the ICC pending the final decision on the appeal. Trial Chamber I had ordered the release of the accused following its decision, dated 8 July, 2010, imposing an unconditional stay on the proceedings of the case The Prosecutor v. Thomas Lubanga Dyilo. According to Trial Chamber I, an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected. Prosecution filed an appeal against this oral decision and submitted an urgent application for suspensive effect of the appeal on 16 July, 2010. Appeals Chamber found that an immediate implementation of the order to release Mr Lubanga Dyilo could render the resumption of the trial impossible, should the Appeals Chamber later find in favour of the Prosecutor’s appeals against the decision to stay proceedings and the oral decision to release the accused. In these circumstances, his release could potentially defeat the purpose of these appeals. The Appeals Chamber therefore suspended the implementation of the release of Mr Lubanga Dyilo pending the determination of this appeal. http://tinyurl.com/3568juz -------------------------------------------------- Note added at 25 mins (2010-10-21 16:14:29 GMT) -------------------------------------------------- Section 64 Suspensive Effect (1) The appeal has suspensive effect insofar as the decision being appealed 1. revokes or amends an exemption pursuant to Section 12 (2) or an authorisation pursuant to Section 42 (2), or (2) If an appeal is made against a decision to issue a preliminary injunction pursuant to Section 60, the appellate court may order that the appealed decision or a part thereof shall enter into force only upon completion of the appeal proceedings or upon the furnishing of security. Such order may be repealed or amended at any time. (3) Section 60 shall apply mutatis mutandis to proceedings before the appellate court. http://www.iuscomp.org/gla/statutes/GWB.htm#64 64 Aufschiebende Wirkung (1) Die Beschwerde hat aufschiebende Wirkung, soweit durch die angefochtene http://transpatent.com/gesetze/gwb.html#64 |
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