Glossary of legal terms

The standard service is effected by post or e-mail and the addressee is considered to have been informed of the matter after the sending of the letter or e-mail, unless otherwise proven.

Suspension of the trial, which implies the temporary halt in proceedings,  which may occur for various reasons, such as:

• preliminary ruling: when the decision of the disputed issue is conditioned to the prior resolution of another pending question;
• a question of unconstitutionality: once the procedure has been completed, the Court appreciates the relevance of raising a question of unconstitutionality before the Constitutional Court, because it considers that there are doubts about the constitutionality of a legal norm relevant to the prosecution of the case;
• preliminary ruling CJEU: the Court, also after the conclusion of the proceedings, refers a question to the Court of Justice of the European Union for a preliminary ruling, on the ground that it has doubts as to the interpretation of the rule of EU law or its validity; being essential to resolve these doubts in order to resolve the dispute;
• at the request of both parties: If they want a method of settling disputes (arbitration, mediation);
• at the request of one party.

A judgment entered at an early stage of the litigation where  the outcome of the proceedings is clear and the case does not need to proceed to a full hearing.

Specific precautionary measure that can be adopted when it is alleged that certain works or objects have been produced in violation of the rules on intellectual and/or industrial property.

Oral evidence in court given by witnesses.

Deadline, provided by sector-specific or general law, for the adoption of the administrative act.

A first instance court which typically hears the relevant evidence and finds facts.

A public authority acting or regulating beyond its legal powers.

Ground of review of administrative acts concerning situations in which administrative authorities breached the rules on administrative action established by any source of law.

The service is verifiable if it is effected by means that provides verification upon delivery (post, or in person against acknowledgement of receipt, or by certified e-mail).

Emergency precautionary measures that can be requested even before the filing of the lawsuit and without hearing the opposing party, in circumstances that reveal an exceptional or extraordinary urgency, that is, an emergency situation of greater intensity than that normally required for the adoption of precautionary measures. In common law counties this is general done by means of an interim injunction.

Where administrative act is flawed due to irregularities or illegalities that occurred in the administrative procedure and resulting in the possibility to challenge the decision. Not all of the irregularities affect the legality or correctness of the decision.

Fundamental flaw of the administrative act preventing it from becoming final and binding because it contains such a defect that cannot be removed by any legal remedy or by the passage of time can be remedied. Normally voidness must be considered by the authority (or court) ex officio.

Declaration by the plaintiff of his will not to continue the process, without prejudice.

Witness giving their testimony in writing (such as in common law countries by affidavit or written deposition); subject to independent assessment by the court.