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Erlass der eigentlichen provisorischen Verfügung

English translation: issue of the actual temporary court order

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11:29 Sep 9, 2006
German to English translations [PRO]
Law/Patents - Law (general)
German term or phrase: Erlass der eigentlichen provisorischen Verfügung
"nur in Fällen besonderer Dringlichkeit, beim Erlass sogenannter superprovisorischer, lediglich bis zum ***Erlass der eigentlichen provisorischen Verfügung*** geltender Massnahmen darf von der vorgängigen Anhörung des Betroffenen abgesehen werden"

I feel that is is like this :
only in cases of special urgency, by the enactment of a so-called super-tentative, until the enactment of the real tentative court order validifying motion may the preceding listening of the concerned party be abstained from
xxxRapidrain
Local time: 15:52
English translation:issue of the actual temporary court order
Explanation:
"only in the case of particular urgency, in the case of so-called super-temporary measures, that are valid only until the actual temporary court order, the preceding hearing of the party concerned may be waived"

It seems a comma is missing after 'Massnahmen'.
'Tentative' = hesitant, by way of trial, experiemental = definitely not 'provisional';
I am not sure about 'vorgaengig'; cannot find it in my legal dictionary or otherwise. More context might make it clear.
I am not sure were 'validifying' comes in as that is a verb, while 'geltender' is an adjective.
Selected response from:

Joern Gaedcke
Singapore
Local time: 21:52
Grading comment
This works best of all
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1granting of the actual interim (interlocutory) injunctionxxxAdrian MM.
4issue of the actual temporary court orderJoern Gaedcke


Discussion entries: 1





  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
issue of the actual temporary court order


Explanation:
"only in the case of particular urgency, in the case of so-called super-temporary measures, that are valid only until the actual temporary court order, the preceding hearing of the party concerned may be waived"

It seems a comma is missing after 'Massnahmen'.
'Tentative' = hesitant, by way of trial, experiemental = definitely not 'provisional';
I am not sure about 'vorgaengig'; cannot find it in my legal dictionary or otherwise. More context might make it clear.
I am not sure were 'validifying' comes in as that is a verb, while 'geltender' is an adjective.

Joern Gaedcke
Singapore
Local time: 21:52
Works in field
Native speaker of: German
PRO pts in category: 38
Grading comment
This works best of all
Notes to answerer
Asker: Comma is indeed missing from original. These endless adverbial phrases throw me.

Asker: patent infringment. You used my trademarked shape even though other options remain so you infringed on my patent.


Peer comments on this answer (and responses from the answerer)
neutral  Kim Metzger: You're on the right track, but the sentence will have to be recast drastically to make it sound like English. Maybe: is it possible to forgo hearing the ... in advance
19 mins
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59 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Erlass der eigentlichen provisorischen Verfügung (CH)
granting of the actual interim (interlocutory) injunction


Explanation:
'an antecedent hearing of the parties affected may be dispensed with, (but) only in cases of exeptional urgency, by granting/ awarding/ 'pre-interlocutory relief {measures}' that are to apply simpliciter until such times as the actual interim injunction is granted'.

Notes:

Prev. distinction between interim and interloc. injunction in Eng. & Wales.: interim could be permanent and stand-alone. Now both called interim.

This Swiss scenario is unlikely in the UK as the first stage is an emergency etc. injunction, and not the super-provisional stage, then a full hearing on the merits.




Example sentence(s):
  • The Court has a discretionary power to grant an interim injunction to ... non granting of an interim injunction and the extent to which damages would be an ...

    Reference: http://www.olswang.com/pdfs/bio_aug03.pdf
xxxAdrian MM.
Local time: 15:52
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 790
Notes to answerer
Asker: very interesting the distinctions in the different concepts of law.


Peer comments on this answer (and responses from the answerer)
agree  Kim Metzger: simpliciter = in a summary manner?
5 mins
  -> summarily - I just wanted to avoid just/lediglich - and another 'only' or 'merely'.
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