The conditions under which an appeal may be lodged with a Community trade mark court of second instance shall be determined by the national law of the Member State in which that court is located.

The decision must be duly substantiated and specify the means of appeal available, namely application to a court or a complaint to the Ombudsman.

Notice of the appeal shall be served on all the parties to the proceedings before the Court of First Instance Article 39 of these Rules shall apply.

Any party to the proceedings before the Court of First Instance may lodge a response within two months after service on him of notice of the appeal.

The European Union welcomes the judgment of the Court of Appeal on 1 March 2001, stating that the 1997 Constitution remains the supreme law of Fiji.

Where the appeal is, in whole or in part, clearly inadmissible or clearly unfounded, the Court may at any time, acting on a report from the Judge-Rapporteur and after hearing the Advocate-General, by reasoned order dismiss the appeal in whole or in part.

Once the application has been served, the Office shall forward to the Court of First Instance the file relating to the proceedings before the Board of Appeal.

When an appeal brought by a Member State or an institution which did not intervene in the proceedings before the Court of First Instance is well founded, the Court of Justice may order that the parties share the costs or that the successful appellant pay the costs which the appeal has caused an unsuccessful party to incur.

Member States may exempt cases where the request for legal aid is rejected by a court or tribunal against whose decision on the subject of the case there is no judicial remedy under national law or by a court of appeal.

All appeals addressed to the Court of Auditors shall be submitted to the President of the Court of Auditors with copies to the Secretary-General and to the Director of the External Relations Department and Legal Service.

Article 136 § 1 Where an action against a decision of a Board of Appeal is successful, the Court of First Instance may order the Office to bear only its own costs.

Subject to the following provisions, Articles 42 (2), 43, 44, 55 to 90, 93,95 to 100 and 102 of these Rules shall apply to the procedure before the Court of Justice on appeal from a decision of the Court of First Instance.

An appeal to the Community design courts of second instance shall lie from judgments of the Community design courts of first instance in respect of proceedings arising from the actions and claims referred to in Article 81.

Article 136 § 1 Where an action against a decision of a Board of Appeal is successful, the Court of First Instance may order the Office to bear only its own costs.

An appeal to the Community trade mark courts of second instance shall lie from judgments of the Community trade mark courts of first instance in respect of proceedings arising from the actions and claims referred to in Article 92.

whereas the jurisdiction which this Regulation confers on the Court of Justice to cancel and reform decisions of the appeal courts shall accordingly be exercised at the first instance by the Court in accordance with the above Decision;

The powers of this joint supervisory body should be without prejudice to the jurisdiction of national courts or to the arrangements for any appeals which may be brought before them.

A court of a Member State in which recognition is sought of a judgment given in another Member State may stay the proceedings if an ordinary appeal against the judgment has been lodged.

Article 134 § 1 The parties to the proceedings before the Board of Appeal other than the applicant may participate, as interveners, in the proceedings before the Court of First Instance.

Article 134 § 1 The parties to the proceedings before the Board of Appeal other than the applicant may participate, as interveners, in the proceedings before the Court of First Instance.

The Receiving Agency is the Ufficio Unico degli Ufficiali Giudiziari presso la Corte di Appello di Roma (Central Office of Bailiffs at the Court of Appeal at Rome (for particulars see below).

Service of the application on a party to the proceedings before the Board of Appeal shall be effected by registered post with a form of acknowledgment of receipt at the address given by the party concerned for the purposes of the notifications to be effected in the course of the proceedings before the Board of Appeal.

in the English version, the title shall be replaced by 'Direct action', and in paragraph (1), 'A direct appeal to the Court of Justice of the European Communities may lie from' shall be replaced by 'A direct action may be brought before the Court of Justice against'.

whereas decisions of the Boards of Appeal are, in turn, amenable to actions before the Court of Justice of the European Communities, which has jurisdiction to annul or to alter the contested decision;

However, at the request of the Member State concerned, the naming of the courts or means of appeal referred to in Articles 21(1), 26(1) and (2), 28(1) and 29 may be amended by decision of the Council.

by way of derogation from Article 69 (2) of these Rules, the Court may, in appeals brought by officials or other servants of an institution, order the parties to share the costs where equity so requires.

A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the Member State of origin by reason of an appeal.

In accordance with the relevant provisions of the Treaty, any Member State may appeal to the Court of Justice, and in particular request the application of Article 186, for the purpose of applying its national competition law.

The members of the Boards of Appeal may not be removed from office unless there are serious grounds for such removal and the Court of Justice, after the case has been referred to it by the Administrative Board on the recommendation of the President of the Boards of Appeal, after consulting the chairman of the Board to which the member concerned belongs, takes a decision to this effect.

whereas the jurisdiction which Regulation (EC) No 2100/94 confers on the Court of Justice to annul or to alter decisions of the Boards of Appeal and, in specific cases, decisions of the Office shall accordingly be exercised at the first instance by the Court mentioned above in accordance with the abovementioned Decision,

In accordance with the relevant provisions of the Treaty, any Member State may appeal to the Court of Justice, and in particular request the application of Article 243 of the Treaty, for the purpose of applying its national competition law.

Member States should, in that event, ensure that the conditions set out in those procedures are transparent, objective, and without discriminatory effect, and that there is an efficient procedure of appealing to the courts against any refusal.

The decisions of the Boards of Appeal shall take effect only from the date of expiry of the period referred to in Article 61(5) or, if an action has been brought before the Court of Justice within that period, from the date of rejection of such action.

The decisions of the Boards of Appeal shall take effect only as from the date of expiration of the period referred to in Article 63 (5) or, if an action has been brought before the Court of Justice within that period, as from the date of rejection of such action.

Penalties not paid may lead to temporary seizure of the vessel concerned or any other vessel belonging to the same shipowner as a warranty for payment and to confiscation of the vessel without prejudice to the right of the shipowner to appeal to the relevant court.

Article 132 § 1 Without prejudice to Article 44, the application shall contain the names of all the parties to the proceedings before the Board of Appeal and the addresses which they had given for the purposes of the notifications to be effected in the course of those proceedings.

Article 132 § 1 Without prejudice to Article 44, the application shall contain the names of all the parties to the proceedings before the Board of Appeal and the addresses which they had given for the purposes of the notifications to be effected in the course of those proceedings.

Where the response seeks to set aside, in whole or in part, the decision of the Court of First Instance on a plea in law which was not raised in the appeal, the appellant or any other party may submit a reply on that plea alone within two months of the service of the response in question.

If, within that period, the parties to the proceedings before the Board of Appeal inform the Registrar of their agreement on the choice, as the language of the case, of one of the languages referred to in Article 35 (1), that language shall become the language of the case before the Court of First Instance.

The Court may assign to a Chamber any appeal brought against a decision of the Court of First Instance pursuant to Article 49 of the ECSC Statute, Article 49 of the EEC Statute and Article 50 of the Euratom Statute, any reference for a preliminary ruling of a kind mentioned in Article 103 of these Rules and any other case, with the exception of those brought by a Member State or an institution, in so far as the difficulty or the importance of the case or particular circumstances are not such as to require that the Court decide it in plenary session.

Without prejudice to the arrangements laid down in Article 29 (2) (b) and (c) and the fourth subparagraph of Article 29 (3) of these Rules, in appeals against decisions of the Court of First Instance as referred to in Articles 49 and 50 of the ECSC Statute, Articles 49 and 50 of the EEC Statute and Articles 50 and 51 of the Euratom Statute, the language of the case shall be the language of the decision of the Court of First Instance against which the appeal is brought.

In cases referred to in paragraph 1, any EFTA State may appeal to the European Court of Justice, on the same grounds and conditions as an EC Member State under Article 173 of the Treaty establishing the European Economic Community, and in particular request the application of interim measures, for the purpose of applying its national competition law.

Whereas under Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities fn, as amended by Decision 93/350/Euratom, ECSC, EEC of 8 June 1993 fn, that Court shall exercise at the first instance the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities - with particular regard to appeals lodged under the second subparagraph of Article 173 of the EC Treaty - and by the acts adopted in implementation thereof, save as otherwise provided in an act setting up a body governed by Community law;

The members of the Boards of Appeal may not be removed from office nor from the list respectively, during the respective term, unless there are serious grounds for such removal and the Court of Justice of the European Communities, on application by the Commission after obtaining the opinion of the Administrative Council takes a decision to this effect.

Judgments or orders rectifying or interpreting a judgment or an order, judgments given on applications to set aside judgments by default, judgments and orders given in third-party proceedings or on applications for revision and judgments or orders given by the Court of Justice in appeals shall be mentioned in the margin of the judgment or order concerned.

judgments and orders by judicial authorities and bodies, and (b) generally, documents such as originating applications to the courts and steps in appellate proceedings, such as EN applications to set aside a judgment by default, appeals, applications for retrial or review, proceedings brought by parties or others against extra-judicial and judicial acts, intervention in legal proceedings, notifications and citations, summonses to preparatory inquiries, summonses to further hearings, notification of witnesses, etc.

If, however, on a reasoned request by any party and after hearing the other parties, the President finds that the use of that language would not enable all parties to the proceedings before the Board of Appeal to follow the proceedings and defend their interests and that only the use of another language from among those mentioned in Article 35 (1) makes it possible to remedy that situation, he may designate that other language as the language of the case; the President may refer the matter to the Court of First Instance.

Court of Appeal - Criminal

in Gibraltar, the Court of Appeal.

The decision of the Court of Justice on the appeal