natgillin/translations-raw huggingface dataset:
(7) The material scope and the provisions of this Regulation should be consistent with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I") and the Rome Convention on the law applicable to contractual obligations.
(7) The material scope and the provisions of this Regulation should be consistent with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I") and the Rome Convention on the law applicable to contractual obligations.
(7) Обхватът по същество и разпоредбите на настоящия регламент следва да бъдат съвместими с Регламент (ЕО) № 44/2001 на Съвета относно компетентността, признаването и изпълнението на съдебни решения по граждански и търговски дела ("Брюксел I"), Римската конвенция за приложимото право при договорни задължения и бъдещия Регламент относно приложимото право при договорни задължения ("Рим I").
(7) The substantive scope and the provisions of this Regulation should be consistent with Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I") , the Rome Convention on the law applicable to contractual obligations and the future Regulation on the law applicable to contractual obligations ("Rome I") .
It is self-evident that the Regulation should be consistent, not only with the 1980 Rome Convention - which will continue in being owing to the fact that Denmark is not participating in the adoption of the Regulation and the United Kingdom has opted out, at least for the time being, from Rome I - but also with the new regulation in the course of adoption.
It is self-evident that the Regulation should be consistent, not only with the 1980 Rome Convention - which will continue in being owing to the fact that Denmark is not participating in the adoption of the Regulation and the United Kingdom has opted out, at least for the time being, from Rome I - but also with the new regulation in the course of adoption.
This amendment corresponds to an amendment adopted in first reading.
This amendment corresponds to an amendment adopted in first reading.
Съображение 7 а (ново)
Recital 7 a (new)
7а) Загрижеността за съгласуваност в Общностното право изисква настоящият регламент да не накърнява разпоредбите, свързани с или имащи ефект върху приложимото право, съдържащи се в инструменти на вторичното законодателство различни от настоящия регламент, каквито са правилата за разрешаване на конфликти по специфични въпроси, първостепенните задължителни правила от общностен произход, и основните правни принципи на вътрешния пазар.
(7a) The concern for consistency in Community law requires that this Regulation be without prejudice to provisions relating to or having an effect on the applicable law, contained in instruments of secondary legislation other than this Regulation, such as conflict rules in specific matters, overriding mandatory rules of Community origin, and the basic legal principles of the internal market.
Като последица, настоящият регламент следва да насърчава правилното функциониране на вътрешния пазар, и по-конкретно свободното движение на стоки и услуги.
As a result, this Regulation should promote the proper functioning of the internal market, in particular the free movement of goods and services.
This amendment, adopted in first reading, which is based on the wording of Recital 19 in the Commission's original proposal, should be read together with the amendment to Article 27.
This amendment, adopted in first reading, which is based on the wording of Recital 19 in the Commission's original proposal, should be read together with the amendment to Article 27.
It is essential that the rules of this Regulation should not hamper the proper functioning of the internal market.
It is essential that the rules of this Regulation should not hamper the proper functioning of the internal market.
(10а) Правилата относно конфликти на закони, предвидени в настоящия регламент, също се отнасят за задължения, основани на стриктна отговорност и хармонизираните правила относно свързващите фактори също се прилагат при въпроса за възможността за предявяване на отговорност при правонарушение/деликт.
(10a) The conflict-of-laws rules set out in this Regulation also cover obligations based on strict liability and the harmonised rules on connecting factors also apply to the question of the capacity to incur liability in tort/delict.
In view in particular (but not only) of the obligations arising from traffic accidents based on the strict liability of the vehicle owner, it is important to make it plain that the conflict rules also cover strict liability.
In view in particular (but not only) of the obligations arising from traffic accidents based on the strict liability of the vehicle owner, it is important to make it plain that the conflict rules also cover strict liability.
It is also worth making it clear that the harmonised rules on connecting factors apply to the question of the capacity to incur liability in tort/delict.
It is also worth making it clear that the harmonised rules on connecting factors apply to the question of the capacity to incur liability in tort/delict.
This amendment was adopted in first reading.
This amendment was adopted in first reading.
Съображение 12 а (ново)
Recital 12 a (new)
(12а) Въпреки това, нуждата да се избегне нарушаване на конкуренцията и изискването за правна сигурност трябва да бъде смекчена от нуждата от правосъдие в индивидуални случаи, и следователно съдилищата трябва да имат свобода на действие.
(12a) Nevertheless, the need to avoid distortions of competition and the requirement of legal certainty must be tempered by the need to do justice in individual cases, and consequently the courts must have a margin of discretion.
Some flexibility needs to be built into the rules so as to allow the courts to do justice in individual cases.
Some flexibility needs to be built into the rules so as to allow the courts to do justice in individual cases.
Courts already use the categorisation of issues as "procedural" in order to allow them a measure of discretion.
Courts already use the categorisation of issues as "procedural" in order to allow them a measure of discretion.
It is better and more consistent with the need for legal certainty overtly to confer certain limited discretionary powers on the courts.
It is better and more consistent with the need for legal certainty overtly to confer certain limited discretionary powers on the courts.
This amendment is based on an amendment adopted in first reading.
This amendment is based on an amendment adopted in first reading.
(19) The special rule in Article 6 is not an exception to the general rule in Article 4(1) but rather a clarification of it.
(19) The special rule in Article 6 is not an exception to the general rule in Article 4(1) but rather a clarification of it.
In matters of unfair competition, the conflict rule should protect competitors, consumers and the general public and ensure that the market economy functions properly.
In matters of unfair competition, the conflict rule should protect competitors, consumers and the general public and ensure that the market economy functions properly.
The connection to the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected generally satisfies these objectives.
The connection to the law of the country where competitive relations or the collective interests of consumers are, or are likely to be, affected generally satisfies these objectives.
It is considered that the general rule can cater perfectly well for cases involving unfair competition.
It is considered that the general rule can cater perfectly well for cases involving unfair competition.
Moreover, in Recitals 20 and 21, the Council makes it clear that what it means by "Unfair competition and acts restricting competition" is infringements of national and Community competition law, in particular breaches of Articles 81 and 82 of the Treaty.
Moreover, in Recitals 20 and 21, the Council makes it clear that what it means by "Unfair competition and acts restricting competition" is infringements of national and Community competition law, in particular breaches of Articles 81 and 82 of the Treaty.
However, in its revised proposal (COM(2006)83 final), the Commission took quite a different approach by laying down a rule for "non-contractual obligations arising out of an unfair commercial practice".
However, in its revised proposal (COM(2006)83 final), the Commission took quite a different approach by laying down a rule for "non-contractual obligations arising out of an unfair commercial practice".
It preferred to leave anti-competitive practices within the meaning of Articles 81 and 82 of the Treaty subject to the general rule on the ground of the ongoing debate on the Green Paper on Damages actions for breach of the EC antitrust rules, as a result of which "the Commission may wish to support a different solution in the course of the codecision procedure".
It preferred to leave anti-competitive practices within the meaning of Articles 81 and 82 of the Treaty subject to the general rule on the ground of the ongoing debate on the Green Paper on Damages actions for breach of the EC antitrust rules, as a result of which "the Commission may wish to support a different solution in the course of the codecision procedure".
The Council's approach in the common position would detract from the Commission's right of initiative and pre-empt Parliament's deliberations on any future Commission legislative proposal relating specifically to competition law.
The Council's approach in the common position would detract from the Commission's right of initiative and pre-empt Parliament's deliberations on any future Commission legislative proposal relating specifically to competition law.
It is noted that a corresponding amendment was adopted in first reading.
It is noted that a corresponding amendment was adopted in first reading.
(20) The non-contractual obligations arising out of restrictions of competition in Article 6(3) should cover infringements of both national and Community competition law.
(20) The non-contractual obligations arising out of restrictions of competition in Article 6(3) should cover infringements of both national and Community competition law.
The law applicable to such non-contractual obligations should be the law of the country on whose market the restriction has, or is likely to have, effect, provided that the effect is direct and substantial.
The law applicable to such non-contractual obligations should be the law of the country on whose market the restriction has, or is likely to have, effect, provided that the effect is direct and substantial.
Where the damage is sustained in more than one country, the application of the law of any of those countries should be limited to the damage which occurred in that country.
Where the damage is sustained in more than one country, the application of the law of any of those countries should be limited to the damage which occurred in that country.
See the justification to the amendment to Recital 19.
See the justification to the amendment to Recital 19.
(21) Examples of cases covered by Article 6(3) include prohibitions on agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within a Member State or within the internal market, as well as prohibitions on the abuse of a dominant position within a Member State or within the internal market.
(21) Examples of cases covered by Article 6(3) include prohibitions on agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within a Member State or within the internal market, as well as prohibitions on the abuse of a dominant position within a Member State or within the internal market.
(22) Regarding environmental damage, Article 174 of the Treaty, which provides that there should be a high level of protection based on the precautionary principle and the principle that preventive action should be taken, the principle of priority for corrective action at source and the principle that the polluter pays, fully justifies the use of the principle of discriminating in favour of the person sustaining the damage.
(22) Regarding environmental damage, Article 174 of the Treaty, which provides that there should be a high level of protection based on the precautionary principle and the principle that preventive action should be taken, the principle of priority for corrective action at source and the principle that the polluter pays, fully justifies the use of the principle of discriminating in favour of the person sustaining the damage.
The question of when the person seeking compensation can make the choice of the law applicable should be determined in accordance with the law of the Member State in which the court is seised.
The question of when the person seeking compensation can make the choice of the law applicable should be determined in accordance with the law of the Member State in which the court is seised.
It is considered that the general rule can cater perfectly well for environmental damage.
It is considered that the general rule can cater perfectly well for environmental damage.
Moreover, it is uncertain what is meant by "environmental damage" and this Regulation should be concerned solely with what the applicable law should be, not with the substantive law on environmental liability.
Moreover, it is uncertain what is meant by "environmental damage" and this Regulation should be concerned solely with what the applicable law should be, not with the substantive law on environmental liability.
In the event that it should be regarded as imperative to have a special rule for "violations of the environment", a definition clause should be included.
In the event that it should be regarded as imperative to have a special rule for "violations of the environment", a definition clause should be included.
Съображение 25 а (ново)
Recital 25 a (new)
(25а) По отношение на нарушения на личния живот или на права, свързани с личността, настоящият регламент не възпрепятства държавите-членки от прилагането на техните конституционни разпоредби, свързани със свободата на пресата и свободата на изразяване в медиите.
(25a) As regards violations of privacy or rights relating to the personality, t his Regulation does not prevent Member States from applying their constitutional rules relating to freedom of the press and freedom of expression in the media.
Страната, в която настъпва или има опасност да настъпи най-значимият елемент или елементи от щетата, следва да се счита страната, към която принципно е насочена публикацията или предаването или, ако това не е явно, страната, в която се упражнява редакторски контрол, и е приложимо правото на тази страна .
The country in which the most significant element or elements of the damage occur or are likely to occur should be deemed to be the country to which the publication or broadcasting service is principally directed or, if this is not apparent, the country in which editorial control is exercised, and that country's law should be applicable.
Страната, към която е насочена публикацията или предаването, следва да се определи, по-специално, от езика на публикацията или предаването или от размера на продажбите или публиката в дадена страна, като част от всички продажби или цялата публика или от съчетанието на тези фактори.
The country to which a publication or broadcast is directed should be determined in particular by the language of the publication or broadcast or by sales or audience size in a given country as a proportion of total sales or audience size or by a combination of those factors.
Сходни съображения следва да се прилагат по отношение на публикации по интернет или други електронни мрежи.
Similar considerations should apply in respect of publication via the Internet or other electronic networks .
Whereas in the Commission, in its amended proposal, and the Council, in the common position, have abandoned the attempt to include rules on the law applicable to violations of privacy and rights relating to the personality, the rapporteur considers that this issue should not be shirked.
Whereas in the Commission, in its amended proposal, and the Council, in the common position, have abandoned the attempt to include rules on the law applicable to violations of privacy and rights relating to the personality, the rapporteur considers that this issue should not be shirked.
She considers that Parliament's stance in first reading constitutes a sensible approach consistent with the judgment in Case C-68/93 Fiona Shevill and Others [1995] ECR I-415.
She considers that Parliament's stance in first reading constitutes a sensible approach consistent with the judgment in Case C-68/93 Fiona Shevill and Others [1995] ECR I-415.
The rule is formulated to cover situations in which a manifestly closer connection may be considered to exist with the country of the principal place of publication or broadcasting.
The rule is formulated to cover situations in which a manifestly closer connection may be considered to exist with the country of the principal place of publication or broadcasting.
This will make for more legal certainty for publishers and broadcasters and result in a straightforward rule applying to all publications, even those carried out on the Internet.
This will make for more legal certainty for publishers and broadcasters and result in a straightforward rule applying to all publications, even those carried out on the Internet.
Съображение 28
Recital 28
(28) To respect the intentions of the parties and to enhance legal certainty, the parties should be allowed to make an express choice as to the law applicable to a non-contractual obligation.
(28) To respect the intentions of the parties and to enhance legal certainty, the parties should be allowed to make an express choice as to the law applicable to a non-contractual obligation.
Protection should be given to weaker parties by imposing certain conditions on the choice.
Protection should be given to weaker parties by imposing certain conditions on the choice.
(28) За да се уважават намеренията на страните и да се увеличи правната сигурност, на страните следва да бъде позволено да направят изричен избор по отношение на приложимото право при извъндоговорни задължения.
(28) To respect the intentions of the parties and to enhance legal certainty, the parties should be allowed to make an express choice as to the law applicable to a non-contractual obligation.
Следва да се предостави закрила на по-слабите страни посредством налагането на определени условия относно избора.
Protection should be given to weaker parties by imposing certain conditions on the choice.
Освен това, необходимо е да се уважават намеренията на страните, когато за избора на приложимо право при правонарушение или деликт съдът може основателно да заключи.
Furthermore, it is necessary to respect the intentions of the parties where a choice as to the law applicable to an issue in tort or delict may reasonably be inferred by the court.
It is important to respect party autonomy also where a choice of law is inferred rather than express.
It is important to respect party autonomy also where a choice of law is inferred rather than express.
Съображение 29 а (ново)
Recital 29 a (new)
(29а) Целесъобразно е да се изясни, че при количественото изражение на щети в случаи на телесна повреда, сезираният съд прилага принципа на restitutio in integrum (възстановяване на предишното състояние), като отчита конкретното състояние на жертвата в неговата/нейната страна на обичайно местопребиваване.
(29a) It is appropriate to make it clear that, in quantifying damages in personal injury cases, the court seised should apply the principle of restitutio in integrum having regard to the victim's actual circumstances in his country of habitual residence.
Това следва да включва, по-конкретно, реалната стойност на последващо лечение и медицински грижи.
This should include, in particular, the actual cost of after-care and medical attention.
Given that the Council has rejected Parliament's first-reading amendment seeking to have the victim's national law applied for the purposes of calculating the quantum of the claim in traffic accident cases, the rapporteur has drafted two new amendments (one to the preamble and one to the enacting terms) in which the same result is sought to be attained by different means.
Given that the Council has rejected Parliament's first-reading amendment seeking to have the victim's national law applied for the purposes of calculating the quantum of the claim in traffic accident cases, the rapporteur has drafted two new amendments (one to the preamble and one to the enacting terms) in which the same result is sought to be attained by different means.
Given the criticism voiced about the original limitation to traffic accidents, the rapporteur has extended the provisions to cover personal injuries generally.
Given the criticism voiced about the original limitation to traffic accidents, the rapporteur has extended the provisions to cover personal injuries generally.
In the case of personal injuries, it is vital to take account of the circumstances in which the victim will find him or herself in his or her country of habitual residence: the actual cost of nursing and carers, medical aftercare and so on.
In the case of personal injuries, it is vital to take account of the circumstances in which the victim will find him or herself in his or her country of habitual residence: the actual cost of nursing and carers, medical aftercare and so on.
This provision will assist in making free movement of persons within the internal market more attractive for citizens, while showing an awareness of citizens' concerns.
This provision will assist in making free movement of persons within the internal market more attractive for citizens, while showing an awareness of citizens' concerns.
It will also avoid placing an unfair burden on the social security and assistance schemes of the country of habitual residence of an accident victim.
It will also avoid placing an unfair burden on the social security and assistance schemes of the country of habitual residence of an accident victim.
This amendment is designed to facilitate reaching agreement with the Council.
This amendment is designed to facilitate reaching agreement with the Council.
Съображение 29 б (ново)
Recital 29b (new)
(29б) Всеки ищец, който предявява иск или насрещен иск пред национален съд или трибунал, който попада в приложното поле на настоящия регламент, може чрез иска си или насрещния иск да предизвика обсъждане на приложимото право и съответно, ако е целесъобразно, да уведоми съда или трибунала и всяка друга страна по делото, за закона или законите, които ищецът счита за приложими към иска или части от него.
(29b) Any litigant making a claim or counterclaim before a national court or tribunal which falls within the scope of this Regulation may give consideration to any issues of applicable law raised by his claim or conterclaim and accordingly where appropriate notify the court or tribunal and any other parties of the law or laws which that litigant maintains are applicable to all or any parts of his claim .
This simple provision, introduced in a first-reading amendment, will ensure that the issue of the applicable law is properly considered by both the parties and the court, thus helping to ensure legal certainty.
This simple provision, introduced in a first-reading amendment, will ensure that the issue of the applicable law is properly considered by both the parties and the court, thus helping to ensure legal certainty.
Съображение 30 а (ново)
Recital 30a (new)