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condamner en appel

English translation: found against on appeal

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:condamné en appel
English translation:found against on appeal
Entered by: Dr Andrew Read
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17:57 Apr 5, 2004
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: condamner en appel
From a summary of a case between a member of the public and a French town council... Here's the full context:

"Une balayeuse municipale appartenant à la ville de Perpignan avait, durant la journée, projeté des graviers sur le trottoir devant le domicile d’une habitante de la ville. Cette dernière était sortie quelques temps plus tard pour les balayer. Elle glissa sur ceux-ci et assigna en responsabilité la ville de Perpignan.

"La victime avait intenté une action à l’encontre de la commune, car il s’agissait d’une balayeuse municipale. *Condamnée en appel, la commune forma un pourvoi en cassation.*"

I think the last sentence needs careful translation. My feeling is to translate the sentence: "Having failed to have the ruling overturned at the local Cour d'appel, the city council lodged an appeal with the Cour de Cassation."

My client wants me to use the French terms for the different courts, but am I right to assume that "condamne en appel" means what I think it does, and that there's an explicit contrast between the local appeal court and the Cour de cassation? In other cases mentioned in the text different "Cours d'appel" of different cities are mentioned frequently.
Dr Andrew Read
United Kingdom
Local time: 20:17
Losing on lower-level appeal, the Council went up on further appeal on a point of law
Explanation:
I agree with your courts hierarchy.

Condamnée : found against and unsuccessful(civ. as in this case)/convicted and sentenced (CRIMINAL-ONLY).

Unless I'm mistaken, the first level is Cleaner v. the Council (approx in Eng. County Court). Cleaner - Claimant at first instance and now Appellant - takes first appeal to Cour d'Appel(approx. Eng. High Court of Appeal) and wins. Council - as the losing Respondent - goes on 2nd and highest-level appeal to the Cour de Cassation.(approx. to Eng. House of Lords)on a point of law and to reverse the lower-level appeal judgment.

Assume the first shot is NOT an appel en garantie - another third-party action that would mess up this analysis.



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Note added at 2004-04-05 20:04:58 (GMT)
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To clarify: cleaner loses claim at first instance, but wins on first appeal.
Selected response from:

xxxKirstyMacC
Local time: 20:17
Grading comment
Counsel, you win this one as you best confirmed my understanding of what was going on. Other answers v useful too (but indeed "convicted" would not have been right in a civil case).
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1Appeal confirmed
Hacene
4Its appeal having failed, ...
Tom Bishop
3convicted on appeal
Robert Frankling
3Losing on lower-level appeal, the Council went up on further appeal on a point of lawxxxKirstyMacC


  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Appeal confirmed


Explanation:
turn it around to fit it in your sentence
as in: "confirmed on appeal"


    Reference: http://www.legalbrief.co.za/view_1.php?artnum=11997
Hacene
United Kingdom
Local time: 20:17
Native speaker of: Native in FrenchFrench
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  Vicky Papaprodromou
2 mins
  -> cheers Vicky
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
convicted on appeal


Explanation:
It appears the municipality (Commune) was judged liable in an appeal. I think your understanding of the last sentence is correct and your translation is very clear, but it needn't be stated in the negative. "Convicted on appeal" is literal. My references:

Appel : possibilité pour une partie n'ayant pas obtenu satisfaction devant le tribunal
administratif de faire rejuger l'affaire par la juridiction supérieure ...
www.conseil-etat.fr/ce/outils/index_ou02_a.shtml

Pourvoi : recours formé devant le Conseil d'État afin d'obtenir la cassation
d'une décision juridictionnelle rendue en dernier ressort. ...
www.conseil-etat.fr/ce/outils/index_ou02_p.shtml

condamnée=sentenced, convicted -GDT

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Note added at 1 hr 54 mins (2004-04-05 19:51:45 GMT)
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You may wish to add: \"convicted on appeal before the Cour d\'appel\"

Robert Frankling
Local time: 14:17
Native speaker of: English
PRO pts in category: 120
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Losing on lower-level appeal, the Council went up on further appeal on a point of law


Explanation:
I agree with your courts hierarchy.

Condamnée : found against and unsuccessful(civ. as in this case)/convicted and sentenced (CRIMINAL-ONLY).

Unless I'm mistaken, the first level is Cleaner v. the Council (approx in Eng. County Court). Cleaner - Claimant at first instance and now Appellant - takes first appeal to Cour d'Appel(approx. Eng. High Court of Appeal) and wins. Council - as the losing Respondent - goes on 2nd and highest-level appeal to the Cour de Cassation.(approx. to Eng. House of Lords)on a point of law and to reverse the lower-level appeal judgment.

Assume the first shot is NOT an appel en garantie - another third-party action that would mess up this analysis.



--------------------------------------------------
Note added at 2004-04-05 20:04:58 (GMT)
--------------------------------------------------

To clarify: cleaner loses claim at first instance, but wins on first appeal.

xxxKirstyMacC
Local time: 20:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 213
Grading comment
Counsel, you win this one as you best confirmed my understanding of what was going on. Other answers v useful too (but indeed "convicted" would not have been right in a civil case).
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1 day14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
condamnée en appel
Its appeal having failed, ...


Explanation:
I'm not sure that it's totally clear from the above which party lodged the appeal. If it was, as you appear to indicate, the city council, then I would suggest the above. Otherwise, if unclear as to the original findings and who subsequently lodged the appeal, I think you need to go with something along the lines of "Having been found against on appeal, ..."
As "condamnée en appel" only indicates that it happened on appeal, not in which specific court, I see no need to introduce any reference to a specific court in this part of the sentence.

Tom Bishop
Local time: 20:17
Native speaker of: Native in EnglishEnglish
PRO pts in category: 32
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