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rechtsschutzwürdiges Interesse

English translation: The plaintiff is not entitled to seek judicial relief/remedy

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23:30 Aug 10, 2004
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: rechtsschutzwürdiges Interesse
Ein rechtsschutzwürdiges Interesse steht der Klägerin nicht zu.

This is from a defense claim.
The sentence prior to the above discusses that the plaintiff is not entitled to receive a declarative statement from the defendant.
I am not sure if there is an English equivalent for 'rechtsschutzwürdig, or how to translate this.
Any ideas??
worbaz
United States
Local time: 05:20
English translation:The plaintiff is not entitled to seek judicial relief/remedy
Explanation:
Rechtsschutzinteresse/bedürfnis is legitimate interest to take legal action
gerichtlicher Rechtsschutz - relief (the remedy sought by the plaintiff in an action), judicial remedy, legal redress
Dietl/Lorenz
Selected response from:

Ingrid Blank
Grading comment
Thanks. All answers were great, but this one seems to fit my context and style.
Also, thanks for the explanation.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1legitimate interest
Derek Gill Franßen
4 +1The plaintiff is not entitled to seek judicial relief/remedyIngrid Blank
4no viable claim in controversy
Maureen Holm, J.D., LL.M.
4Plaintiff has no interest that is entitled to legal protection
Dr. Fred Thomson


  

Answers


47 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
legitimate interest


Explanation:
This is also the translation for "schutzwürdiges Interesse"; "rechts" is superfluous in my opinion.

See: http://www.websters-online-dictionary.org/definition/transla...

Derek Gill Franßen
Germany
Local time: 14:20
Specializes in field
Native speaker of: English
PRO pts in category: 728

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC: Also in Eurodicautom. Locus standi -> no right to bring action at all.
7 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
The plaintiff is not entitled to seek judicial relief/remedy


Explanation:
Rechtsschutzinteresse/bedürfnis is legitimate interest to take legal action
gerichtlicher Rechtsschutz - relief (the remedy sought by the plaintiff in an action), judicial remedy, legal redress
Dietl/Lorenz


Ingrid Blank
PRO pts in category: 171
Grading comment
Thanks. All answers were great, but this one seems to fit my context and style.
Also, thanks for the explanation.

Peer comments on this answer (and responses from the answerer)
agree  Johanna Timm, PhD
14 hrs
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Plaintiff has no interest that is entitled to legal protection


Explanation:
IO do think it's worthwhile mentioning the nature of the legal interest to which she is not entitled.

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Note added at 3 hrs 48 mins (2004-08-11 03:19:22 GMT)
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Or: Plaintiff has no legally entitled interest.


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Note added at 3 hrs 49 mins (2004-08-11 03:20:20 GMT)
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Or: Plaintiff has not legally protected interest.
This one is the best of all. It is used again and again in courts of law.

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Note added at 3 hrs 50 mins (2004-08-11 03:20:52 GMT)
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That\'s supposed to be \"no legally protected interest.\"

Dr. Fred Thomson
United States
Local time: 06:20
Specializes in field
Native speaker of: English
PRO pts in category: 608
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
no viable claim in controversy


Explanation:
Whatever the controversy is, it needs to be legally cognizable.
Without more context it's hard to see whether this is a decision on the merits. I suspect plaintiff is being non-suited in a preliminary motion stage, and may even lack standing to sue. In any event, plaintiff has apparently failed to make out a case, or more properly stated, failed to state a cause of action upon which relief can be granted.
The notion of plaintiff receiving a declarative statement from defendant is odd also, except maybe in a defamation action where plaintiff seeks a printed retraction.

Maureen Holm, J.D., LL.M.
United States
Local time: 08:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
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