décision à intervenir

16:18 Jul 25, 2020
French to English translations [PRO]
Law/Patents - Law (general) / ASSIGNATION DEVANT LE TRIBUNAL JUDICIAIRE
French term or phrase: décision à intervenir
Full source phrase:
Enfin, l’exécution provisoire de la décision à intervenir se justifie de sorte qu’elle ne sera pas écartée.

Possible solution of which I am not sure:
Finally, the provisional execution of the decision to be adopted is justified so that it will not be set aside.
Anna Davies
France
Local time: 14:23


Summary of answers provided
4 +1decision/order/judgment
AllegroTrans
3impending judgement/decision/ruling
B D Finch
3 -4decision or call for intervention action
Lisa Rosengard


Discussion entries: 15





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
decision/order/judgment


Explanation:
The tribunal judiciaire is the name of the new court which has replaced the TGI and which has both criminal and civil jurisdiction - thus a "combined court" similar to E&W.

I'm not a fan of "leave it out" but in this case it is appropriate. The text is the plea at the end of the claim asking for leave to enforce the decison (or order or judgment).

I have seen this at the end of almost every French claim I have translated and it definitely doesn't mean "decision to intervene", it effectively means the "forthcoming decision" (i.e. in the hope that this is granted) but we would not say this in English.

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Note added at 1 hr (2020-07-25 18:15:13 GMT)
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CIVIL JUDGMENTS ENFORCEMENT REGULATIONS 2005
classic.austlii.edu.au › legis › consol_reg › cjer2005391
Leave to enforce judgment 8. Conditional judgment 9. Suspension order PART 4 -- Enforcement of monetary judgments Division 1 -- General 10. Review of ...

Civil Judgments Enforcement Regulations 2005 - Western ...
www.legislation.wa.gov.au › statutes.nsf › RedirectURL
PDF
9 May 2018 - Leave to enforce judgment. 10. 8. Conditional judgment. 10. 9. Suspension order. 11. Part 4 — Enforcement of monetary judgments. Division 1 ...

Part B -Civil Procedure Flashcards by Henry Wickham ...
www.brainscape.com › flashcards › packs
Also application leave to enforce judgment in representative proceedings [4/3(4)] (when may be though Adv/E). Substituted service. [5/10] [SG3.86-89] Taking ...

(Northern Ireland), 1980 - Legislation.gov.uk
www.legislation.gov.uk › nisr › pdfs › nisr_19800346_en
PDF
1 Oct 1980 - Leave to enforce judgment in actions between partners, etc. 6.:-(1)Upbn an application for leave to enforce a judgment given in~. (a) an action ...

LOWSLEY AND ANOTHER v. FORBES (Trading as L. E. ...
www.i-law.com › ilaw › doc › view
Practice - Limitation of time - Judgment debt - Over six years elapsed - Plaintiffs obtained leave to enforce judgment - Whether execution of judgment barred after ...

Covid-19: Effects of the Movement Control Order on ... - Skrine
www.skrine.com › insights › covid-19-updates › covid-...
27 Apr 2020 - ... appeals, applications for amendment of pleadings, ad interim injunctions, striking out applications, judicial review, leave to enforce judgment, ...

AllegroTrans
United Kingdom
Local time: 13:23
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1355

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: just because it's not "the usual style" in UK, I wouldn't simply ignore the fact that this judgement is yet to be pronounced, i.e. is **still non-existent at the time of writing**. A minor difference? Not worth the trouble of mentioning it? Not convinced.
22 hrs
  -> Look at the reality here; it refers to the judgment that the claimant is hoping to obtain and can only mean that judgment, so no qualifier is needed

neutral  Eliza Hall: I'm with Daryo. It's potentially confusing to omit "forthcoming." You have the perfect translation right there in your explanation: forthcoming decision. The word is there in French; omitting it risks confusion; so translate what's there.
2 days 2 hrs
  -> You're not completely wrong, but think: the decision will only be 'forthcoming' if the claimant succeeds, English drafting would not use such a presumptious qualifier and many a judge would be very critical of such wording

agree  Nikki Scott-Despaigne: Chewed this one over and come down in favour of omission. The context makes it clear that the decision is about to come about that semantically it is just not required. If desparate, then maybe "to be made" as decisions are "made" in courts.
2 days 20 hrs
  -> thanks, also see my 'if so granted' option iin dbox
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2 days 19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
impending judgement/decision/ruling


Explanation:
As this is about acting upon a judgement or ruling that has not yet been made, in order to forestall any evasive action, it seems important to include the word "impending" (or something similar).

"Despite opposition from some corners of the European Parliament, including the majority of Labour MEPs, CETA passed - but that did not stop the Walloon government from taking up the fight and referring the agreement back to the European Court of Justice, as serious questions had been raised on whether ICS was actually compatible with the EU constitutional order. We are patiently waiting for the Court to rule on the matter.

But this impending judgement has not stopped the Commission from ploughing on, with its Directorate for Trade on a mission to change the world of investment dispute settlement. Sadly, the Commission is only offering a quick fix when a radical rethink is needed."
http://publications.europa.eu/resource/cellar/461fbf2b-5214-...



B D Finch
France
Local time: 14:23
Meets criteria
Works in field
Native speaker of: English
PRO pts in category: 509

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: I like the notion, but find "impending" a teensy weensy bit scary; it suggests doom. Maybe "future" ruling? I may join the leave-it-out brigade on this one. ;-)
2 hrs
  -> See my note below, to AT.

neutral  AllegroTrans: If I appeared before my local county court judge and spoke of the "impending judgment" he would look at me bemusedly and say "Mr. Farrall, how do you even know that I am about to deliver a judgment? I may adjourn or dismiss your case"
10 hrs
  -> I'm not bothered about using something else instead of "impending": perhaps "anticipated"? However, this is proposing action in advance of a judgment, so anticipation is clearly present and the judge may find that bemusing in itself.
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1 day 16 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -4
decision or call for intervention action


Explanation:
The decision implies a judgement or ruling, and with a suggestion of intervention in the source text an action is considered.

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Note added at 1 day 17 hrs (2020-07-27 09:50:54 GMT)
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"The Attorney-General has the right to intervene in a private lawsuit if the lawsuit may affect 'the prerogatives of the Crown, including its relations with foreign states'. Furthermore, the Attorney-General may intervene with laws of the Court where 'the suit raises any question of public policy on which the executive may have a view which it may desire to bring to the notice of the Court'."
www.en.wikipedia.org/wiki/Intervention_(law)

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Note added at 2 days 21 hrs (2020-07-28 13:19:04 GMT)
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According to the information from the person who placed the question, a judicial decision to intervene is provisionally assigned by a judiciary tribunal, suggesting that it might take place in the future.
Note:
www.cnb.avocat.fr/sites
"assignation devant le tribunal judiciaire de (ville) (chambre)
Avertissements
Ce modèle a été établi par le conseil national des barreaux en l'état du décret número du 2019, sans qu'aucune jurisprudence n'existe sur ce nouveau texte. Il doit être utilisé avec prudence et considéré comme un prototype à adapter en fonction de vos usages, de vos propres modèles et ceux qui pourront être ultérieurement diffusés."

"summons at judiciary tribunal (town) (apartment)
Cautions:
This model has been established by the national council of Bars on the state by decree number from 2019, without any jurisprudence on this text. It must be used cautiously and it must be considered as a prototype (original or model to be copied or developed) to adapt to the functions of requirements, by one's own models and by those which will be able to be issued later."
www.cnb.avocat.fr/sites



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Note added at 3 days 51 mins (2020-07-28 17:10:30 GMT)
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Decision does not simply imply (indicate) a judgment or ruling. Instead, a decision is 'a judgment, conclusion or resolution; an act of making one's mind with a firmness of purpose'. As a verb 'to intervene' is 'to involve oneself in a situation, normally to prevent conflict', which is particularly relevant among humanity.
"Intervention is the act or process of intervening. Intervention is the systematic process of assessment, and planning employed for remediation or to prevent a social, educational or developmental problem."

Example sentence(s):
  • Enfin, l'éxécution provisoire de la décision à intervenir se justifie de sorte qu'elle ne sera pas écartée.
  • Finally the decision or call for intervention action is provisionally carried out, and it is justified as it makes sure that it (the decision) won't be discarded.

    Reference: http://deepl.com/translator
Lisa Rosengard
United Kingdom
Local time: 13:23
Does not meet criteria
Native speaker of: English

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Nothing to do with intervention action
18 mins

disagree  Daryo: not THAT meaning of "intervenir", not in a century of Sundays.
9 hrs

disagree  Eliza Hall: As AllegroTrans and Daryo said.
11 hrs

disagree  Nikki Scott-Despaigne: Decision does not "imply" a judgment or ruling; it is a synonym for those terms. "Intervenir" is being used to describe a future event, arguably evident from the context anyway. It means "to come about, arise" or "to be made" here. ;-)
1 day 5 hrs
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