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sous une astreinte definitive

English translation: subject to a liquidated penality of €5 000 per violation for non-compliance

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22:07 Oct 29, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: sous une astreinte definitive
sous une astreinte définitive et non comminatoire de 5 000 € par infraction
Armineh Johannes
Local time: 13:15
English translation:subject to a liquidated penality of €5 000 per violation for non-compliance
Explanation:
Liquidated, because it's fixed and final. Non-comminatoire just means it's not just threatened, it's liquidated, fixed and final. No ifs, ands or buts.

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Note added at 16 hrs (2007-10-30 14:38:44 GMT)
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AllegroTrans is right, "for non-compliance" is superfluous, given that "per violation" is already there.
Selected response from:

Attorney DC Bar
Local time: 22:15
Grading comment
thanks
3 KudoZ points were awarded for this answer

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Summary of answers provided
4subject to a liquidated penality of €5 000 per violation for non-complianceAttorney DC Bar
4upon a fixed penalty
AllegroTrans
3under a final penalty for non-compliance
celoudin


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
under a final penalty for non-compliance


Explanation:
See this answer in proz.com for 'astreinte comminatoire'

http://www.proz.com/kudoz/765897

The full expression could be: 'under a final and irrevocable penalty for non-compliance'

celoudin
Australia
Local time: 06:15
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 15
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16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
upon a fixed penalty


Explanation:
......of € 5 000 for each breach

AllegroTrans
United Kingdom
Local time: 21:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 422
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
subject to a liquidated penality of €5 000 per violation for non-compliance


Explanation:
Liquidated, because it's fixed and final. Non-comminatoire just means it's not just threatened, it's liquidated, fixed and final. No ifs, ands or buts.

--------------------------------------------------
Note added at 16 hrs (2007-10-30 14:38:44 GMT)
--------------------------------------------------

AllegroTrans is right, "for non-compliance" is superfluous, given that "per violation" is already there.

Attorney DC Bar
Local time: 22:15
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: it's not "wrong" but it is too wordy and can be said more concisely
8 hrs
  -> Need more context to see if the suggested 'upon a fixed penalty' works. I'm worried about 'upon'.
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