bodemgeding

English translation: Proceedings on merits

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:bodemgeding
English translation:Proceedings on merits
Entered by: Tina Vonhof

16:59 Jul 5, 2009
Dutch to English translations [PRO]
Law/Patents - Law (general) / Court proceedings
Dutch term or phrase: bodemgeding
I am translating a lawyer's notes for a counterclaim (reconventie) to a previous claim (conventie).

The sentence is as follows: "In een eventueel bodemgeding zal X deze gang van zaken ten bewijze aanbieden." Thus, 'bodemgeding' sounds like a potential future case or appeal of the current case.

Although there are many google hits for 'bodemgeding', I can't find an explanation. The term does not come up in a Kudoz search or Jurlex. Eur-lex gives a translation of "main proceeding" but that doesn't make sense, since the main proceeding is already in the past. Any help is appreciated.
Tina Vonhof
Canada
Local time: 05:27
{full-blown} trial on the core-issue; proceedings on the substantive {trial} issue
Explanation:
If, as Piortnitik writes, this process contrasts with a summary injunctive proeedings, then - though the main proceedings may lie in the past - an ancillary issue must have been raised to re-open some aspect of the case e.g. new assets coming to light for enforcement purposes.

In E&W/Scotland has 'interdicts'/, and maybe also Canada, the injunction motions judge usually gives the applicant a time limit for bringing full proceedings on the main issue. This is to be fair to both sides. After all, the grant of a one-sided, *interlocutory injunction against the respondent, unless a permanent **interim restraint, will not be allowed to stand indefinitely.
Selected response from:

Adrian MM. (X)
Local time: 13:27
Grading comment
Thank you. All answers were helpful but this is the most elaborate and explains it very clearly. Van den End gives "Proceedings on merits", as Chris has mentioned, so that is what I'll use.
4 KudoZ points were awarded for this answer



Summary of answers provided
4substantive proceedings
Textpertise
3{full-blown} trial on the core-issue; proceedings on the substantive {trial} issue
Adrian MM. (X)
3principal proceedings
Piotrnikitin
4 -1land dispute
Nathalie Scabers
Summary of reference entries provided
proceedings on the merits
Chris Hopley

  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
land dispute


Explanation:
http://www.vertalen.nu/vertaal?van=nl&naar=eng&vertaal=bodem...

Nathalie Scabers
Portugal
Local time: 12:27
Meets criteria
Specializes in field
Native speaker of: Native in DutchDutch, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
neutral  Piotrnikitin: I believe this translation is blatantly incorrect. "Bodemgeding" usually appears as opposed to "kort geding". They do not as such have anything to do with land.
6 mins

disagree  Ron Willems: not a reliable/serious reference either...
2 days 4 hrs
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6 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
principal proceedings


Explanation:
As opposed to summary or interlocutory proceedings.

http://www.google.com/search?hl=fr&q=bodemgeding kort geding...

--------------------------------------------------
Note added at 11 mins (2009-07-05 17:11:04 GMT)
--------------------------------------------------

I am not a 100% sure any more, but as far as I remember, "bodemgeding" refers to the "underlying" proceedings were there is a summary claim ("kort geding"). A claim allowed in a "kort geding" may still be rejected in the "bodemgeding".

--------------------------------------------------
Note added at 13 mins (2009-07-05 17:12:39 GMT)
--------------------------------------------------

In fact, having checked the references in the google link I have sent, I now am 100% sure that this is so.

Piotrnikitin
Serbia
Local time: 13:27
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
PRO pts in category: 15
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
substantive proceedings


Explanation:
See "bodemzaak" in the following bilingual reference.

http://eur-lex.europa.eu/Notice.do?mode=dbl&lang=en&ihmlang=...

as opposed to "kort geding" which would be a fast track trial. In Dutch Civil Law a trial of substantive issues can uproot a decision arrived at in a fast track trial.

Textpertise
United Kingdom
Local time: 12:27
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 36
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
{full-blown} trial on the core-issue; proceedings on the substantive {trial} issue


Explanation:
If, as Piortnitik writes, this process contrasts with a summary injunctive proeedings, then - though the main proceedings may lie in the past - an ancillary issue must have been raised to re-open some aspect of the case e.g. new assets coming to light for enforcement purposes.

In E&W/Scotland has 'interdicts'/, and maybe also Canada, the injunction motions judge usually gives the applicant a time limit for bringing full proceedings on the main issue. This is to be fair to both sides. After all, the grant of a one-sided, *interlocutory injunction against the respondent, unless a permanent **interim restraint, will not be allowed to stand indefinitely.


Example sentence(s):
  • The next step is to hold a full blown trial and decide whether to issue a permanent injunction coloradopols.com/.../preliminary-injunction-granted-in-lawsuit-against-amendment-54
Adrian MM. (X)
Local time: 13:27
Does not meet criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74
Grading comment
Thank you. All answers were helpful but this is the most elaborate and explains it very clearly. Van den End gives "Proceedings on merits", as Chris has mentioned, so that is what I'll use.
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Reference comments


15 hrs peer agreement (net): +2
Reference: proceedings on the merits

Reference information:
Hi Tina,
See this previous question:
http://www.proz.com/kudoz/dutch_to_english/law_patents/60379...

Also confirmed by Van den End's Legal Lexicon.

Also compare the Dutch and English versions of this page:
NL: http://ec.europa.eu/civiljustice/interim_measures/interim_me...
EN: http://ec.europa.eu/civiljustice/interim_measures/interim_me...

Chris Hopley
Netherlands
Meets criteria
Specializes in field
Native speaker of: English
PRO pts in category: 119
Note to reference poster
Asker: Thanks Chris - this is very helpful. Eventually I did find it in Van den End but under the term 'bodemzaak'. This illustrates the difficulties in searching for a term when you don't know what other forms it may have. Ideally, when I search for bodemgeding, the terms bodemzaak and bodemprocedure should also come up but they don't.


Peer comments on this reference comment (and responses from the reference poster)
agree  Buck
3 mins
agree  Sindy Cremer
3 hrs
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