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  3. Law (general)

auf das Rechtsbegehren eintreten

English translation: to consider the legal application

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:auf das Rechtsbegehren eintreten
English translation:to consider the legal application
Entered by: Sterk

10:40 Dec 27, 2013
German to English translations [PRO]
Law/Patents - Law (general) / Antrag zur Klage
German term or phrase: auf das Rechtsbegehren eintreten
Antrag zur Klage:

1. Es sei auf das Rechtsbegehren Ziffer 3 der Klage nicht einzutreten.
2. Soweit auf die Klage einzutreten ist, sei sie vollständig abzuweisen.

I think I understand that it is requested in sentence 1 is to dismiss the claims under item 3. But as far as the second sentence is concerned, I am not quite sure about it. Something like 'as far as the claim is satisfied it should be completely dismissed'? Doesn't make any sense to me.

Thank you all in advance.
Sterk
Ukraine
Local time: 15:46
to consider the legal application
Explanation:
Reading between the lines, this appears to be a Swiss document, as these terms are common surrency in that country, but not in Germany or Austria, I think.

In Swiss German, the "eintreten" is used in the above sense**, so it can actually be used in both you snippets. In the second, it would mean "To the extent that", or "Provided that" the decision IS made to consider the legal application, it should be rejected.

See, for instance, "Wahrig" Deutsches Wörterbuch.

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Note added at 1 hr (2013-12-27 12:30:35 GMT)
--------------------------------------------------

In other words, the defence is saying in effect that the court should rule there is no case to consider, in 1, and in 2, that if it rules there IS a case to consider, it should in any case be rejected.

--------------------------------------------------
Note added at 2 hrs (2013-12-27 13:28:58 GMT)
--------------------------------------------------

"Surrency" must be Cwiss francs, I fancy...sorry about that!
Selected response from:

David Moore (X)
Local time: 14:46
Grading comment
Thank you very much!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +5to consider the legal application
David Moore (X)
4(CH) entertain the relief sought
Adrian MM. (X)
4If the court reaches the merits, it should dismiss the claim in its entirety.
Peter Manda
3where recourse to the law is invoked
Andrew Bramhall
3(not) to hear the claim
Michael Martin, MA


  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
where recourse to the law is invoked


Explanation:
..where legal recourse is fallen back on, then this should be rejected out of hand ;

Andrew Bramhall
United Kingdom
Local time: 13:46
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: surely the fact that this is from a court automatically means that recourse to the law has been invoked?
10 hrs
  -> you're right!
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
to consider the legal application


Explanation:
Reading between the lines, this appears to be a Swiss document, as these terms are common surrency in that country, but not in Germany or Austria, I think.

In Swiss German, the "eintreten" is used in the above sense**, so it can actually be used in both you snippets. In the second, it would mean "To the extent that", or "Provided that" the decision IS made to consider the legal application, it should be rejected.

See, for instance, "Wahrig" Deutsches Wörterbuch.

--------------------------------------------------
Note added at 1 hr (2013-12-27 12:30:35 GMT)
--------------------------------------------------

In other words, the defence is saying in effect that the court should rule there is no case to consider, in 1, and in 2, that if it rules there IS a case to consider, it should in any case be rejected.

--------------------------------------------------
Note added at 2 hrs (2013-12-27 13:28:58 GMT)
--------------------------------------------------

"Surrency" must be Cwiss francs, I fancy...sorry about that!

David Moore (X)
Local time: 14:46
Native speaker of: English
PRO pts in category: 328
Grading comment
Thank you very much!

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: I think your note at 1 hour expresses it best. You can also say "If the claim is ruled admissible". The word "legal" is unnecessary.
5 hrs
  -> True: thanks, Phil
agree  AllegroTrans: I agree with Phil
11 hrs
  -> Thanks, AT
agree  Teresa Reinhardt
13 hrs
  -> Thanks, Teresa
agree  Andrew Bramhall: I agree also;
23 hrs
  -> Thanks, Oliver
agree  gangels (X)
1 day 57 mins
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
(not) to hear the claim


Explanation:
1. Defendant urges the court not to hear the claim under item 3 of the complaint

2. To the extent the complaint is allowed to proceed..


Michael Martin, MA
United States
Local time: 08:46
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 364
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10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
(CH) entertain the relief sought


Explanation:
If not Switzerland - where the claim needs to be addressed first of all, asker pls. do us a favour by 'entering into' the regional flavour.

nicht einzutreten: the prayer for relief is non-entertainable (vs. inadmissible)

Soweit auf die Klage einzutreten ist: so far it is entertainable (vs. admissible) e.g. can be entered upon or dealt with, it is to be dismissed in full.


    Reference: http://www.proz.com/?sp=gloss/term&id=7751086
Adrian MM. (X)
Local time: 14:46
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
If the court reaches the merits, it should dismiss the claim in its entirety.


Explanation:
The procedural posture asks the court to determine whether it has jurisdiction to hear the claim (1) and then, if it does reach the merits, to adjudicate on the same (2). So the petitioner is asking the court to dismiss the claim on the merits if it does not dismiss it out of hand.

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Note added at 13 hrs (2013-12-27 23:44:01 GMT)
--------------------------------------------------

My apologies to the responders for the double-entry. I misread the question.

Peter Manda
United States
Local time: 08:46
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 4
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