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13:13 Jul 11, 2000
German to English translations [PRO]
Bus/Financial
German term or phrase: See below
"Die Frage, ob die Erhebung von Sondernutzungsgebühren durch § 50 TKG ausgeschlossen ist, wird durch die Stadt im Rahmen eines Musterprozesses mit der Deutschen Telekom AG geklärt. Die Stadt wird Sondernutzungsgebühren erheben und auf Rechtsmittel hin bis zum rechtskräftigen Abschluß des Musterprozesses auf die Vollziehung verzichten."

According to Section 50, Subsection 1 of the German Telecommunications Act, the government can use all public ways where public telecommunications lines have been placed or buried free of charge provided that that use does not continuously infringe upon the purpose to which the public way was dedicated. So the question here, in my understanding, is whether the government's ability to use the streets, waterways, etc. free of charge prevents it from being able to charge anybody else for using them. What's unclear to me is (1) exactly what the "Musterprozeß" alluded to here entails and (2), because of the "auf Rechtsmittel hin" and "auf die Vollziehung" combination, what's exactly being waived or foregone in the second sentence. Is it saying that the city will charge these fees but will not enforce them until the "Musterprozeß" has resulted in a final decision. If so, what does the "auf Rechtsmittel hin" refer to?

Thanks in advance for any help on this.
Cami Townsend
English translation:see below
Explanation:
A Musterprozeß is a test case (that would probably be the US term) or model suit or test action [Romain]. The city has filed a test case to get a ruling as to whether or not Sec. 50 of the Telecommunications Act precludes them from charging special use fees. Until the test case has been ruled on, the city will be charging those fees, but not enforce them (just as you figured). Rechtsmittel, according to Romain, is the right to appeal or resort to a higher court. I understand the German to say that the city will forego its right to appeal (as well as enforcement) until such a time that a final decision has been handed down. Like you, I'm a bit puzzled by the "hin", but I think the above explanations capture the meaning of the German. I'm sure you can rephrase it much more elegantly - hopefully this helps a bit!
Selected response from:

Ulrike Lieder
Local time: 10:55
Grading comment
I wish there were a way to award points to both answers. At any rate, I see now how the city will be using the case with Telekom as a test case to decide whether or not they can charge telecommunications companies in general for using the public streets, etc. As for the "auf Rechtsmittel hin" part, I like Dan's suggestion about waiting to enforce the charges until the highest (and last) court has handed down its ruling. Otherwise, the city might end up having to reimburse everybody if the appellate court decided the charges were unfounded. Besides that, since you can't really lodge an appeal until a decision has been made, it didn't make much sense to say the city would waive its rights to appeal until a decision was made.

Thanks again for both of your answers. They really helped.
4 KudoZ points were awarded for this answer

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Summary of answers provided
naonly confirmationDan McCrosky
nasee belowUlrike Lieder


  

Answers


40 mins
see below


Explanation:
A Musterprozeß is a test case (that would probably be the US term) or model suit or test action [Romain]. The city has filed a test case to get a ruling as to whether or not Sec. 50 of the Telecommunications Act precludes them from charging special use fees. Until the test case has been ruled on, the city will be charging those fees, but not enforce them (just as you figured). Rechtsmittel, according to Romain, is the right to appeal or resort to a higher court. I understand the German to say that the city will forego its right to appeal (as well as enforcement) until such a time that a final decision has been handed down. Like you, I'm a bit puzzled by the "hin", but I think the above explanations capture the meaning of the German. I'm sure you can rephrase it much more elegantly - hopefully this helps a bit!

Ulrike Lieder
Local time: 10:55
Native speaker of: German
PRO pts in pair: 3525
Grading comment
I wish there were a way to award points to both answers. At any rate, I see now how the city will be using the case with Telekom as a test case to decide whether or not they can charge telecommunications companies in general for using the public streets, etc. As for the "auf Rechtsmittel hin" part, I like Dan's suggestion about waiting to enforce the charges until the highest (and last) court has handed down its ruling. Otherwise, the city might end up having to reimburse everybody if the appellate court decided the charges were unfounded. Besides that, since you can't really lodge an appeal until a decision has been made, it didn't make much sense to say the city would waive its rights to appeal until a decision was made.

Thanks again for both of your answers. They really helped.
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12 hrs
only confirmation


Explanation:
Eichborn, Hamblock/Wessels and Pons Fachwörterbuch Recht back up uel and Romain concerning Musterprozess, Rechtsmittel and Vollziehung verzichten, but I reckon you knew that anyway. Like you and uel also mentioned, the difficult part is the "auf Rechtsmittel hin" phrase, but your suggestion at the end sounds good.
In slightly different words:
"…The city will levy special usage fees but waive enforcement until a final test case decision has been handed down by the highest court with jurisdiction in such matters…"


Dan McCrosky
Local time: 19:55
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1541
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