In any instance of alleged undue detention or delay the burden of proof lies with the owner or operator of the ship.

A revision may also be filed against decrees upon finality of which the proceedings in second instance are concluded.

The decision of the court of second instance on the lack of subject matter jurisdiction of the court of first instance shall be bind every court to which the case may subsequently be transferred, provided that upon issuance of such decision the court of second instance had power to decide upon the jurisdictional dispute between both courts concerned.

(2) The Supreme Court shall, with a ruling, annul the ruling of the court of first instance and remove the administrative act if, in the procedure before the court of first instance, the provision of Article 37 of this Act was violated.

(2) The Supreme Court shall, with a ruling, annul the ruling of the court of first instance and remove the administrative act if, in the procedure before the court of first instance, the provision of Article 35 of this Law was violated.

Except as otherwise provided for in Articles 347 an 348 of the present Act, the provisions governing the main hearing before the court of first instance shall apply, as appropriate, to the proceedings before the court of second instance.

The motion to reopen the proceedings shall always be filed with court which has rendered the judgment in first instance.

(1) Structures and facilities of a concession shall become either immediately (for instance the model of build-transfer-operate or BTO) or after a given period (for instance the model of build-operate-transfer or BOT) the property of the public partner, unless this is not possible or economically justified (for instance the model of build-operate-own or BOO).

If the panel of the court of second instance shall be bound to fix a hearing when it establishes that for purposes of correct determination of the state of facts the already taken evidence should be re-examined by the court of second instance.

At the instance of the Court of Justice, the Member State concerned shall prosecute the offender before its competent court.

(1) The Supreme Court shall, with a resolution, annul the ruling of the court of first instance and reject the lawsuit if, in the procedure before the court of first instance, the provision of the first paragraph of Article 36 of this Act was violated.

(1) The Supreme Court shall, with a resolution, annul the ruling of the court of first instance and reject the lawsuit if, in the procedure before the court of first instance, the provision of the first paragraph of Article 34 of this Law was violated.

If the erroneous and/or incomplete determination of the state of facts is due to violation of substantive law and if, therefore, the attacked judgment cannot be modified, the revising court shall by a decree grant to the revision and set aside, in whole or in part, the judgments of the courts of first and second instance, or only the judgment of the court of second instance, or only the judgment of the court of first instance, and remand the case for rehearing to the court of first or of second instance.

on the ground of severe violation of civil procedure provisions occurring in the proceedings before the court of second instance;

The decision which the court of second instance has issued upon the appeal against the decision the court of first instance on the lack of jurisdiction shall bind the court to which the case is referred in respect of the jurisdiction, provided that upon issuance of such decision the court of second instance had power to decide on the jurisdictional dispute between both courts concerned.

(1) lf in a case from the preceding article the Supreme Court only conducts the main hearing and establishes facts which are different to those established in the ruling of first instance, it shall, with a ruling, change the ruling of the court of first instance.

(3) The decision on a complaint against a decision of first instance in an administrative dispute shall be made by the Supreme Court.

Such Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.

If the appellant fails to comply with this decree, the court of first instance shall pass a decree rejecting the appeal as incomplete.

if it considers that the facts in the ruling of first instance were established correctly but the court used material law incorrectly;

(8) The higher court may also amend the misdemeanour judgement issued by the court in the first instance if it finds that the court in the first instance made a mistake in assessing a document or other evidence which it did not take but on which it based its judgement.

(1) Special minutes shall be taken of the consultation and voting conducted within the framework of proceedings in the second instance.

(3) The procedure in cases from the preceding paragraph shall continue under the provisions of this Law on procedures of first instance.

The court of second instance shall by a judgment dismiss the appeal as unfounded and affirm the judgment of the court of first instance if it establishes that grounds for appeal are lacking and that no violation has occurred which is to be inquired into by virtue of office.

if it considers that the facts in the ruling of first instance were established correctly but the court used substantive law incorrectly;

If prior to entry into force of the present Act a judgment or a decree has been rendered in the first instance by which the proceedings of first instance have been ended, the proceedings shall continue pursuant to provisions valid prior to entry into force of the present Act.

(4) If the body of first instance against whom an appeal may be filed does not, within two months or within a shorter period prescribed by special regulations, issue the decision on the request, the party shall be entitled to address its request to the body of second instance.

However, in the case of retrofitting, for instance at large power plants, they ranged from about 8 to 25 Swiss francs per kW(el) (in 1985).

if it establishes that the contested administrative acts are void, and the court of first instance rejected the lawsuit as unsubstantiated.

If an appeal has been lodged in addition to the motion to supplement the judgment, the court of first instance shall not send the appeal to the court of second instance until the time period has expired for appealing against the decision on the motion to supplement the judgment.

Only upon a motion by a party may the court of second instance examine whether the limits of the claim has been transgressed by the judgment.

on finding that the court of first instance has misjudged the documents or circumstantial evidence upon which the attacked judgment is based;

The court of second instance may not modify the judgment to the detriment of the appellant if he is the only person to have lodged the appeal.

The parties may take an appeal from decree rendered by the court of first instance, unless the present Act contains provisions to the contrary.

(1) An appeal may be lodged against a ruling passed in an administrative dispute in the first instance, unless otherwise stipulated by this Law.

Malta shall ensure that in no instance shall a national of a Member State be treated in a more restrictive way than a national of a third country.

In an administrative dispute, adjudication of first instance shall be carried out by the Administrative Court, unless otherwise stipulated by law.

Patient-doctor relationship is not as simple as it looks. Patients for instance trust his doctor in one side, on other side they are afraid of him.

The Supreme Court shall, with a resolution, annul the ruling of the court of first instance if it establishes that an essential violation of provisions on administrative dispute procedures has been committed, and shall return the case to the same court of first instance for a repeat procedure.

If the court of second instance establishes that the limits of the claim have been transgressed, it may set aside the judgment of the first instance and remand the case for reconsideration to the court below or, considering the nature of transgression, render a judgment modifying the attacked decision.

The Conference notes that Article I-6 reflects existing case law of the Court of Justice of the European Communities and of the Court of First Instance.

(1) The higher court shall issue an order to dismiss late or impermissible appeals, if this has not been already done by the court in the first instance.

any judgment rendered in absentia on appeal, provided that the appeal from the judgment of the court of first instance was lodged by the person sentenced.

If the revising court establishes a severe violation of the civil procedure provisions referred to in the first and second paragraph of Article 339 on the ground of which a revision may be lodged, except of those stated in the second and third paragraphs of the present Article, it shall by a decree set aside, in whole or in part, the judgments of the court of second instance and of the court of first instance, or only the judgment of the court of second instance, and remand the case for reconsideration to the same or a different panel of the court of first or of second instance, or to some other competent court.

(3) The plaintiff may take action from the preceding paragraph if the body of first instance does not issue a decision against which there may be no appeal.

Appeal may first be to a higher level in the customs administration, but the importer shall have the right in the final instance to appeal to the judiciary.

The appeal shall be filed with the court which has passed the judgment of first instance in sufficient number of copies for the court and the opposing party.

in respect of decisions of the court of first instance from which no appeal has been taken, on the day when the decision could no longer be appealed against;

If, prior to this Act entering into force, a ruling or a resolution was issued at the first instance in accordance with the provisions of the Administrative Disputes Act with which the procedure before the court of first instance was concluded, the procedure shall be continued in accordance with the previous Act.

When a judgment of first instance is set aside and the case remanded to the court of first instance for re-examination of facts, the statement of ground shall indicate the points in which the determination of the state of facts made by the court of first instance comes short or is erroneous, as well as wherein the presentation of new facts and evidence is important for a correct decision and why such evidence and facts affect the correctness of the adjudication process.