Givane and others

Latvian translation: Givane un citi pret

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Givane and others
Latvian translation:Givane un citi pret
Entered by: Ines Burrell

14:52 Jan 25, 2006
English to Latvian translations [PRO]
Law/Patents - Law (general) / EU legislation
English term or phrase: Givane and others
And in the light of the Case law of the Court of Justice (see C-257/00, ***Givane and others*** Rec. I 2003 p. I 345, paragraphs 36-38.

Runa ir par kādu precedentu, atsauci uz kuru latvju internetā neatradu, varbūt slikti meklēju. Vai atstāt oriģinālā, vai tulkot un likt oriģinālu iekavās? Un kā lai to Givane latvisko?
Ines Burrell
United Kingdom
Local time: 01:31
Givane un pārējie sk.arī pask.
Explanation:
Slavena lieta: Givane un pārējie pret AK Mājokļu departamenta Valsts sekretāru

Tā kā Nani Givane ir Indijas pilsone, viņas mirušais vīrs, imigrējis uz Portugāli, droši vien arī indiešu izcelsmes, bet ieguvis Portugāles pavalstniecību (Rama Givane), tad visticamāk, ka jātulko Givane, tā ar ļoti plaši pazīstama lieta, un Juridiskās aprindās ES mērogā labi zināma

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Note added at 1 hr (2006-01-25 16:08:46 GMT)
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Īss izklāsts

Mr Givane, a Portuguese national, entered the United Kingdom on 15 April 1992 to work there as a chef. He obtained a five-year residence permit. He was continuously resident in the United Kingdom until 10 April 1995, the date on which he went to India to stay for 10 months.


On 16 February 1996, Mr Givane returned to the United Kingdom accompanied by his spouse, Mrs Givane, and their three children, Vashuben, Vinodbhai and Subashkumar, all four being of Indian nationality and the appellants in the main proceedings (hereinafter 'the appellants‘). Mr Givane was in possession of an EU residence permit valid until 21 July 2002, whereas the others had obtained an entry clearance granted to family members of nationals of the European Economic Area ('EEA Family Permit‘).


On 11 November 1997, Mr Givane died as a result of kidney failure and chronic liver disease, which were not regarded as occupational diseases in this particular case. The Secretary of State was informed of that death in June 1998.


The appellants applied for indefinite leave to remain in the United Kingdom under Article 3(2) of Regulation No 1251/70, relying on the right of residence of family members of a deceased worker. On 21 August 1998, the Secretary of State refused their application on the ground that, at the date of his death, Mr Givane did not satisfy the test, laid down by that provision, of continuous residence in the host Member State for at least two years. According to the Secretary of State, that period of residence must immediately precede the worker's death.


The appellants appealed against that decision to the Immigration Adjudicator. That appeal was rejected by decision of 26 June 1999, on the ground that Article 3(2) of Regulation No 1251/70 required, in Mr Givane's case, residence in the United Kingdom for a continuous period of two years immediately preceding his death.


The appellants appealed against that decision to the Immigration Appeal Tribunal.


Since it considered that the dispute before it required the interpretation of Article 3(2) of Regulation No 1251/70, the Immigration Appeal Tribunal decided to stay proceedings and to refer a number of questions to the Court for a preliminary ruling.



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Note added at 1 hr (2006-01-25 16:17:08 GMT)
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Un varbūt pat labāk ir "Givane un citi pret ..."
Selected response from:

Inese Poga-Smith
Canada
Local time: 20:31
Grading comment
Paldies!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3Givane un pārējie sk.arī pask.
Inese Poga-Smith


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
givane and others
Givane un pārējie sk.arī pask.


Explanation:
Slavena lieta: Givane un pārējie pret AK Mājokļu departamenta Valsts sekretāru

Tā kā Nani Givane ir Indijas pilsone, viņas mirušais vīrs, imigrējis uz Portugāli, droši vien arī indiešu izcelsmes, bet ieguvis Portugāles pavalstniecību (Rama Givane), tad visticamāk, ka jātulko Givane, tā ar ļoti plaši pazīstama lieta, un Juridiskās aprindās ES mērogā labi zināma

--------------------------------------------------
Note added at 1 hr (2006-01-25 16:08:46 GMT)
--------------------------------------------------

Īss izklāsts

Mr Givane, a Portuguese national, entered the United Kingdom on 15 April 1992 to work there as a chef. He obtained a five-year residence permit. He was continuously resident in the United Kingdom until 10 April 1995, the date on which he went to India to stay for 10 months.


On 16 February 1996, Mr Givane returned to the United Kingdom accompanied by his spouse, Mrs Givane, and their three children, Vashuben, Vinodbhai and Subashkumar, all four being of Indian nationality and the appellants in the main proceedings (hereinafter 'the appellants‘). Mr Givane was in possession of an EU residence permit valid until 21 July 2002, whereas the others had obtained an entry clearance granted to family members of nationals of the European Economic Area ('EEA Family Permit‘).


On 11 November 1997, Mr Givane died as a result of kidney failure and chronic liver disease, which were not regarded as occupational diseases in this particular case. The Secretary of State was informed of that death in June 1998.


The appellants applied for indefinite leave to remain in the United Kingdom under Article 3(2) of Regulation No 1251/70, relying on the right of residence of family members of a deceased worker. On 21 August 1998, the Secretary of State refused their application on the ground that, at the date of his death, Mr Givane did not satisfy the test, laid down by that provision, of continuous residence in the host Member State for at least two years. According to the Secretary of State, that period of residence must immediately precede the worker's death.


The appellants appealed against that decision to the Immigration Adjudicator. That appeal was rejected by decision of 26 June 1999, on the ground that Article 3(2) of Regulation No 1251/70 required, in Mr Givane's case, residence in the United Kingdom for a continuous period of two years immediately preceding his death.


The appellants appealed against that decision to the Immigration Appeal Tribunal.


Since it considered that the dispute before it required the interpretation of Article 3(2) of Regulation No 1251/70, the Immigration Appeal Tribunal decided to stay proceedings and to refer a number of questions to the Court for a preliminary ruling.



--------------------------------------------------
Note added at 1 hr (2006-01-25 16:17:08 GMT)
--------------------------------------------------

Un varbūt pat labāk ir "Givane un citi pret ..."


    Reference: http://www.curia.eu.int/en/actu/activites/act03/0301en.htm#T...
    Reference: http://lexetius.com/2003,17
Inese Poga-Smith
Canada
Local time: 20:31
Native speaker of: Latvian
PRO pts in category: 76
Grading comment
Paldies!

Peer comments on this answer (and responses from the answerer)
agree  Balttext
4 mins
  -> Paldies!

agree  Kristine Sprula (Lielause)
1 hr
  -> Paldies, Kristīne!

agree  VEIKMANE DAIGA
1763 days
  -> Paldies!
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