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bénéficiant d'une ALD
à point à l'infini
Jul 25, 2020 16:18
4 yrs ago
63 viewers *
French term

décision à intervenir

French to English Law/Patents Law (general) ASSIGNATION DEVANT LE TRIBUNAL JUDICIAIRE
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.
Proposed translations (English)
4 +1 decision/order/judgment
3 impending judgement/decision/ruling
3 -4 decision or call for intervention action

Discussion

AllegroTrans Aug 1, 2020:
Yes, they are made... but from the point of view of the party pleading for an order, it is "granted" (or not, as the case may be)
Nikki Scott-Despaigne Jul 28, 2020:
"decision/ruling, etc. to be made" Court rulings/decisions are "made" in UK English. However, the context makes it so obviours that it would not be natural to add anything at all, IMO.
AllegroTrans Jul 28, 2020:
In English drafting We would not presume that the desired decision/order/judgment will be granted. We might write something like "...enforcement of the order, if so granted..."
Eliza Hall Jul 27, 2020:
Forthcoming decision. Decision to be rendered. Either works and either is perfectly appropriate in this context.

We have two perfect translations right there. I see no reason to omit a qualifier that's present in the French, can be perfectly translated into language normally used in EN legal texts, and whose absence risks confusion.
Daryo Jul 27, 2020:
Agree that as far as practical consequences are concerned, "exécution provisoire" amounts to "immediately effective".

Same as "being dragged from A to B" and "being pushed from A to B" from the practical viewpoint may look the same ...

OTOH, whichever way you try to twist it on the grounds of "stylistic guidelines of the target language", "une décision à intervenir" is NOT an existing decision at the time of writing, but a coming / expected ... one.
Mpoma Jul 27, 2020:
@Daryo I make reference to Bridge in a case like this: exécution provisoire is "order making a judgment immediately enforceable notwithstanding the lodging of an appeal; order annulling the suspensive effect of an appeal". "Immediately enforceable" is therefore the absolutely logically correct translation: we make it enforceable right now. If you are going to do something about it that's up to you. But it is made enforceable immediately.
AllegroTrans Jul 26, 2020:
Anna Sorry but that simply doesn’t make sense. There is no decision at this stage - the claimant is hoping to get one at a final hearing, and we don't talk of a decision being 'discarded'. A lawyer reading your translation will be very perplexed
Anna Davies (asker) Jul 26, 2020:
Dear specialists,

After your help, I actually decided to write:

Finally, the provisional enforcement of the (exisitng) decision is justified so that it will not be discarded.

I thought as well, that saying just 'decision' or 'existing' sounds ok, because provisory enforcement of the future decision would be illogic.

Thank you for your help.
Anna Davies (asker) Jul 26, 2020:
Thank you to you all for your help, this is very nice of you
AllegroTrans Jul 26, 2020:
@ Daryo Logical in the French way, yes, but in plain English the claimant is seeking (a) a judgment (for a sum of money or whatever) and (b) leave to enforce that judgment. We don't need to say anything else in English.
Daryo Jul 26, 2020:
A bit of logical consistency? "exécution provisoire" does mean "decision to be applied/executed without waiting for a definitive approval" - so it is to be applied "right now" BUT there is the important component that it's in a way a "non-final" one, that it's not really a definitive decision YET.

So if you just ignore the aspect that at the time of writing it's ONLY a future / expected decision, you end up with the very logical "exécution provisoire d'une décision (existante)" // temporary/non-final execution of an existing decision (just the normal way to do it ...?)
Mpoma Jul 26, 2020:
couple of points Firstly, Liz Askew's references are not good ones. Exécution provisoire most specifically does NOT mean "provisional enforcement", whatever that might be, but "immediate enforcement". Her second link is to a question in the archives which translates this single judgment/decision as a plural. That's wrong.

But have you looked at the archives? à intervenir has cropped up several times, in this precise context, and the most sensible solutions are omit the qualifier, and just say "judgment/decision", as suggested by AllegroTrans in his answer, or "the decision/judgment to be rendered", which is just as good.
liz askew Jul 25, 2020:
du jugement a intervenir | French to English | Law ... - ProZ.comwww.proz.com › french-to-english › law-general › 243...
26 Feb 2008 - French term or phrase: du jugement a intervenir. English translation: (Order provisional execution) of the judgment to be rendered, ...
liz askew Jul 25, 2020:
https://www.proz.com/kudoz/french-to-english/law-general/870...
liz askew Jul 25, 2020:
https://www.proz.com/kudoz/french-to-english/law-general/655...

Proposed translations

+1
1 hr

decision/order/judgment

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.

--------------------------------------------------
Note added at 1 hr (2020-07-25 18:15:13 GMT)
--------------------------------------------------


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, ...
Peer comment(s):
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

impending judgement/decision/ruling

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-...

Peer comment(s):
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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-4
1 day 16 hrs

decision or call for intervention action

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

--------------------------------------------------
Note added at 1 day 17 hrs (2020-07-27 09:50:54 GMT)
--------------------------------------------------

"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



--------------------------------------------------
Note added at 3 days 51 mins (2020-07-28 17:10:30 GMT)
--------------------------------------------------

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:

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

Peer comment(s):
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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