Apr 16, 2015 12:29
9 yrs ago
11 viewers *
French term
La Cour n'est saisie d'aucun moyen
French to English
Law/Patents
Law (general)
This is from a court ruling where the appellant failed to appear at the court hearing scheduled for the appeal. The Court therefore has nothing to work with (n'est saisie d'aucun moyen) and is therefore obliged to uphold the lower court's ruling:
Attendu que la procédure est orale, qu'en l'absence de l'appelant à l'audience, la Court d'Appel n'est saisie d'aucun moyen et ne peut que confirmer le jugement...
Not sure how to say "n'est saisie d'aucun moyen" in legalese
Thanks.
Attendu que la procédure est orale, qu'en l'absence de l'appelant à l'audience, la Court d'Appel n'est saisie d'aucun moyen et ne peut que confirmer le jugement...
Not sure how to say "n'est saisie d'aucun moyen" in legalese
Thanks.
Proposed translations
(English)
Proposed translations
+2
7 hrs
Nikki Scott-Despaigne
Native in English
Works in field
Psychologist, Court-certified legal
Native in: English 
Works in: French to English
Related KudoZ points
:
451
French term (edited):
moyen (d'appel)
Selected
ground (of appeal)
GDT.
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Note added at 7 hrs (2015-04-16 20:13:21 GMT)
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"The Court has heard no ground for appeal and shall thus uphold the decision of XYZ".
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Note added at 7 hrs (2015-04-16 20:13:21 GMT)
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"The Court has heard no ground for appeal and shall thus uphold the decision of XYZ".
Peer comment(s):
| agree |
Yolanda Broad
33 mins
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| neutral |
AllegroTrans
: grounds of appeal is the usual term; and not really "heard" since grounds of appeal have to be set out in writing in the French CofA// the hearing is indeed oral, but the CofA rules require written grounds of appeal to be filed in advance of the hearing
1 hr
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The procedure is described as "orale". Note also in EN the use of the term "court hearing" and in FR, "audience", all to do with hearing. Yes, claim, counterclaim etc are submitted in writing but the legal beagles do actually speak in court.
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| agree |
Maria S. Loose, LL.M.
16 hrs
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4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
-2
2 hrs
None legal argument have been adressed to the Court
It means that none argument is presented (such as law infrigement, etc). I am not sure of the formule in english but it is the meaning.
Peer comment(s):
| disagree |
B D Finch
: Not grammatically correct English (use of "none", verb doesn't agree with its subject), also misspelling of "addressed".
4 mins
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| disagree |
AllegroTrans
: No point in posting if you cannot master basic rules of EN grammar and spelling
6 hrs
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3 hrs
No pleadings have been put before the Court
eur-lex.europa.eu › EUROPA › EU law and publications › EUR-Lex
All the pleas included in those arguments had been adopted in the documents and pleadings put before the Court of First Instance. 22 The Commission ...
All the pleas included in those arguments had been adopted in the documents and pleadings put before the Court of First Instance. 22 The Commission ...
Peer comment(s):
| neutral |
AllegroTrans
: not really correct, albeit "grounds of appeal" (which is what this actually means) would have to be in the form of written pleadings
6 hrs
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I admit to not having specialist knowledge of litigation. However, it does seem to be the result of the party having failed to attend an oral hearing.
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1 day 35 mins
Maria S. Loose, LL.M.
Belgium
Belgium
Native in English
Specializes in field
Belgium
Lawyer & Certified Translator
Native in: English (Variant: US) 
, German (Variant: Germany)
Works in: German to English, Dutch to English, French to English, and 1 more.
Related KudoZ points
:
12
a party has failed to defend its case before the Court of Appeals
This is what it means. It translates the idea and not the words. It is taken from Article 53 of the Statute of the International Court of Justice (see below).
Example sentence:
Lorsqu'une des parties ne se présente pas, ou s'abstient de faire valoir ses moyens, l'autre partie peut demander à la Cour de lui adjuger ses conclusions.
Whenever one of the parties does not appear before the Court, or fails to defend its case, the other party may call upon the Court to decide in favour of its claim.
Reference:
http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0&lang=fr
http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0&lang=en
2 days 23 hrs
Adam Warren
France
France
Native in English
Specializes in field
France
Working with words, working with people
Native in: English (Variant: British)
Works in: French to English
Related KudoZ points
:
24
the appellant has failed to state its case
and hence (as cited elsewhere in this discussion) judgment [so spelt EU-wise] is entered by default (against the appellant).
Discussion
Grounds for appeal is therefore correct. However, "legal arguments" is also correct in this specific context. But as I said before, the European Court of Justice always translates with "plea" when referring to the legal or factual reasons for submitting the court case.
Another possibility would be to translate the general idea that the party has failed to defend its case before the Court of Appeals. This wording has been used by in the Statute of the International Court of Justice which is authentic in both English and French.
The Granddictionnaire Terminologique suggests "ground of appeal"for "moyen d'appel".
There has been an overpayment ("trop perçu", I suppose) but the appellant faied to appear. The Court of Appeal has no choice but to make judgment in default and affirm the previous court's ruling.
As I read your post above, it looks as though the appellant is appealing an order of the Court of Appeal. (In the singular for UK English, by the way).