casos acumulados

English translation: joined cases (ECJ) / consolidated cases (US, UK)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:casos acumulados
English translation:joined cases (ECJ) / consolidated cases (US, UK)
Entered by: Charles Davis

08:51 Jan 10, 2015
Spanish to English translations [PRO]
Law/Patents - Law: Taxation & Customs
Spanish term or phrase: casos acumulados
This occurs in the footnotes to the lengthy article I am translating on enforcement of State aid recovery. I am not sure how to translate it here:

Asunto C-142/87, ap. 66. Igualmente, STJUE de 14 de septiembre de 1994, asuntos acumulados C-278/92, C-279/92 y C-280/92, España/Comisión, ap. 75, y STGUE de 28 de noviembre de 2008, asuntos acumulados T-254/00, T-270/00 y /-277/00, Hotel Cipriani SpA, ap. 389.
peter jackson
Spain
Local time: 06:41
joined / joint cases
Explanation:
This is what they use in the EU; both "joined" and "joint" are used in various documents, though "joined" seems to more frequent. I presume it means that the previous cases have been "rolled up" into this one and are being dealt with together.

"SENTENCIA DEL TRIBUNAL DE JUSTICIA DE 14 DE SEPTIEMBRE DE 1994. - REINO DE ESPANA CONTRA COMISION DE LAS COMUNIDADES EUROPEAS. - AYUDAS DE ESTADO A EMPRESAS PUBLICAS DEL SECTOR TEXTIL Y DEL SECTOR DEL CALZADO - APORTACIONES DE CAPITAL. - ASUNTOS ACUMULADOS C-278/92, C-279/92 Y C-280/92."
http://eur-lex.europa.eu/legal-content/ES/TXT/HTML/?uri=CELE...

"Judgment of the Court of 14 September 1994.
Kingdom of Spain v Commission of the European Communities.
State aid to public undertakings in the textile and footwear sectors - Capital contributions.
Joined cases C-278/92, C-279/92 and C-280/92"
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:619...

"Casos acumulados C‑628/10 P y C‑14/11 P - Alliance One International Inc – Joint cases C‑628/10 P y C‑14/11 P
[...]
46 The Court has made clear that, in the particular case of a parent company having a 100% shareholding in a subsidiary which has infringed the Union’s rules on competition, that parent company is able to exercise decisive influence over the conduct of its subsidiary, and there is a rebuttable presumption that the parent company does in fact exercise such influence (Joined Cases C‑201/09 P and C‑216/09 P ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others [2011] ECR I‑0000, paragraph 97, and Elf Aquitaine v Commission, paragraph 56)."


--------------------------------------------------
Note added at 4 hrs (2015-01-10 12:53:27 GMT)
--------------------------------------------------

You can also talk about cases or actions being joindered:

"Joinder is a legal term that refers to the process of joining two or more legal issues together to be heard in one hearing or trial. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes."
http://en.wikipedia.org/wiki/Joinder

This is what "acumular" means:

"2. tr. Der. Unir unos procedimientos a otros para que sean resueltos por una sola sentencia o resolución."
http://lema.rae.es/drae/?val=acumular

"Joinder" can be used as a verb, though it's not very common. It doesn't seem to be usual EU-speak in this situation, but here's an example:

"In its judgement of 15 June 2000, joindered cases nos. C-418/97 and C-419/97 (AB 2000, 311), the European Court of Justice issued a declaratory judgement that the question of whether a substance is waste must be assessed bearing in mind all the circumstances [...]"
http://archive.basel.int/ships/netherlands190602e.doc

Tom West gives "capable of being joined in a lawsuit" for acumulable and "joinder (of parties or causes of action)" for acumulación de acciones in his legal dictionary.


--------------------------------------------------
Note added at 23 hrs (2015-01-11 08:17:29 GMT)
--------------------------------------------------

Please strike out "joint" and "joindered"; just "joined".
Selected response from:

Charles Davis
Spain
Local time: 06:41
Grading comment
Thanks again.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4joined / joint cases
Charles Davis
5 +2consolidated cases
Rebecca Jowers


Discussion entries: 6





  

Answers


2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
consolidated cases


Explanation:
(the expression used in legal contexts)

From Black's Law Dictionary, 8th ed.:

consolidate: To combine, through court order, two or more actions involving the same parties or issues into a single action ending in a single judgment or, sometimes, in separate judgments

In standard usage, cases are "consolidated," while parties are "joined:"

joinder: The uniting of parties in a single lawsuitn (also from Black's)

Rebecca Jowers
Spain
Local time: 06:41
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 88

Peer comments on this answer (and responses from the answerer)
agree  Charles Davis: This is undoubtedly correct. OTOH, ECR always uses "joined cases", and even the UK Supreme Court follows this usage in citing them: https://www.supremecourt.uk/decided-cases/docs/UKSC_2013_017... . Maybe they're wrong.
1 hr
  -> Or perhaps not exactly wrong; Eurospeak doesn't always coincide with standard US or UK legal terminology. Thanks!

agree  AllegroTrans: Certainly OK for "normal" UK usage but it may just be preferable to use Eurobabble here...
5 hrs
  -> Yes, thanks AllegroTrans

neutral  Adrian MM. (X): Depends who does the 'accumulating'> the court or parties. Both in the US and UK, it is the court that takes the initiative of consolidating (civil) actions & (crim.) appeals
11 hrs
  -> Yes, in effect.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
joined / joint cases


Explanation:
This is what they use in the EU; both "joined" and "joint" are used in various documents, though "joined" seems to more frequent. I presume it means that the previous cases have been "rolled up" into this one and are being dealt with together.

"SENTENCIA DEL TRIBUNAL DE JUSTICIA DE 14 DE SEPTIEMBRE DE 1994. - REINO DE ESPANA CONTRA COMISION DE LAS COMUNIDADES EUROPEAS. - AYUDAS DE ESTADO A EMPRESAS PUBLICAS DEL SECTOR TEXTIL Y DEL SECTOR DEL CALZADO - APORTACIONES DE CAPITAL. - ASUNTOS ACUMULADOS C-278/92, C-279/92 Y C-280/92."
http://eur-lex.europa.eu/legal-content/ES/TXT/HTML/?uri=CELE...

"Judgment of the Court of 14 September 1994.
Kingdom of Spain v Commission of the European Communities.
State aid to public undertakings in the textile and footwear sectors - Capital contributions.
Joined cases C-278/92, C-279/92 and C-280/92"
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:619...

"Casos acumulados C‑628/10 P y C‑14/11 P - Alliance One International Inc – Joint cases C‑628/10 P y C‑14/11 P
[...]
46 The Court has made clear that, in the particular case of a parent company having a 100% shareholding in a subsidiary which has infringed the Union’s rules on competition, that parent company is able to exercise decisive influence over the conduct of its subsidiary, and there is a rebuttable presumption that the parent company does in fact exercise such influence (Joined Cases C‑201/09 P and C‑216/09 P ArcelorMittal Luxembourg v Commission and Commission v ArcelorMittal Luxembourg and Others [2011] ECR I‑0000, paragraph 97, and Elf Aquitaine v Commission, paragraph 56)."


--------------------------------------------------
Note added at 4 hrs (2015-01-10 12:53:27 GMT)
--------------------------------------------------

You can also talk about cases or actions being joindered:

"Joinder is a legal term that refers to the process of joining two or more legal issues together to be heard in one hearing or trial. It is done when the issues or parties involved overlap sufficiently to make the process more efficient or more fair. It helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes."
http://en.wikipedia.org/wiki/Joinder

This is what "acumular" means:

"2. tr. Der. Unir unos procedimientos a otros para que sean resueltos por una sola sentencia o resolución."
http://lema.rae.es/drae/?val=acumular

"Joinder" can be used as a verb, though it's not very common. It doesn't seem to be usual EU-speak in this situation, but here's an example:

"In its judgement of 15 June 2000, joindered cases nos. C-418/97 and C-419/97 (AB 2000, 311), the European Court of Justice issued a declaratory judgement that the question of whether a substance is waste must be assessed bearing in mind all the circumstances [...]"
http://archive.basel.int/ships/netherlands190602e.doc

Tom West gives "capable of being joined in a lawsuit" for acumulable and "joinder (of parties or causes of action)" for acumulación de acciones in his legal dictionary.


--------------------------------------------------
Note added at 23 hrs (2015-01-11 08:17:29 GMT)
--------------------------------------------------

Please strike out "joint" and "joindered"; just "joined".

Charles Davis
Spain
Local time: 06:41
Native speaker of: English
PRO pts in category: 124
Grading comment
Thanks again.
Notes to answerer
Asker: Thanks so much for your help and diligent research Charles, as always. I think I will go with "joined cases". There are thousands of hits in relation to EU case law.


Peer comments on this answer (and responses from the answerer)
agree  Habibulla Josefi
3 hrs
  -> Thanks, Filologo :)

agree  AllegroTrans
6 hrs
  -> Thanks, Allegro

agree  Wordwatcher: Joined cases is the only right answer here - if citing ECJ cases, follow ECJ practice. ECJ has now changed forms of citation and from 1 Jan 15 numbering of EU legislation has changed. "Joindered" is totally wrong - case of non-en speaker overconfidence.
7 hrs
  -> Thanks very much for the information

agree  Adrian MM. (X): if it is a litigant who has taken the initiative of joining the actions, rather than the court of 'consolidating' the cases.
12 hrs
  -> Many thanks for clarifying the distinction. I don't know which it was, but it seems that the European courts call them joined even if they are consolidated.
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