recommendation(redirected from recommendatory)
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recommendationa form of Act of the EUROPEAN UNION that has no binding force. It has been held that recommendations should still be taken into account by the national courts, especially if the recommendation assists with interpretation of some European law. Nonetheless, it is not possible to have them reviewed nor to seek a preliminary ruling upon them.
RECOMMENDATION. The giving to a person a favorable character of another.
2. When the party giving the character has acted in good faith, he is not responsible for the injury which a third person, to whom such recommendation was given, may have, sustained in consequence of it, although he was mistaken.
3. But when the recommendation is knowingly untrue, and an injury is sustained, the party recommending is civilly responsible for damages; 3 T. R. 51; 7 Cranch, 69; 14 Wend. 126; 7 Wend. 1; 6 Penn. St. R. 310 whether it was done merely for the purpose of benefitting the party recommended, or the party who gives the recommendation.
4. And in case the party recommended was a debtor to the one recommending, and it was agreed prior to the transaction, that the former should, out of the property to be obtained by the recommendation, be paid; or in case of any other species of collusion, to cheat the person to whom the credit is given, they may both be criminally prosecuted for the conspiracy. Vide Character, and Fell on Guar. ch. 8; 6 Johns. R. 181; 1 Davis Ca. Er. 22; 13 Johns. R. 224; 5 N. S. 443.