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gemäß § 105 Abs. 5 Satz 1, erster Halbsatz AMG

English translation: pursuant to Section 105 (5) sentence 1, first half of the sentence, of the ...

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06:36 Dec 9, 2003
German to English translations [PRO]
Law/Patents - Law (general) / Legislative Jargon
German term or phrase: gemäß § 105 Abs. 5 Satz 1, erster Halbsatz AMG
"Wir geben Ihnen Gelegenheit, den in den Anlagen genannten Mängeln ***gemäß § 105 Abs. 5 Satz 1, erster Halbsatz AMG*** innerhalb von 6 Monaten nach Zugang dieses Schreibens abzuhelfen."

From a letter written to someone who has made an application to extend a drug authorisation, but seems to not have done that good a job of it.

Anyway, I'm having trouble with the bit between asterisks. I know "gemäß" means "in accordance with" or "pursuant to", and the AMG is the Arzneimittelgesetz, or German Medicines Act. But what does § stand for again? Article? Also, what is a "Halbsatz", please? TIA for helping me get this legalese straightened out a bit.
Rowan Morrell
New Zealand
Local time: 20:51
English translation:pursuant to Section 105 (5) sentence 1, first half of the sentence, of the ...
Explanation:
You're right, the correct legal jargon is "pursuant to" or "in accordance with" (rather than "according to", which is correct content-wise but not the proper lingo).

§ stands for Paragraph, the German term for section (of a statute). This scriggle is not used in NZ legal writing or statutes (nor is it in the UK), but is in fact used by the legal community in the US. With regard to a run-of-the-mill act/statute, I wouldn't use "article" as a translation for Paragraph, article is reserved for higher ranking pieces of legislation.

Finally, Halbsatz is - nomen est omen - one half of the sentence. For easy reference, lawyers like to quote their sources with a high degree of precision, down to the individual part of the sentence. I've seen this translated as "first-half sentence", but only in EU documents - so it's probably not very idiomatic.

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Note added at 18 mins (2003-12-09 06:55:17 GMT)
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Nope, Satz is definitely not clause (clause is a section in a contract and a good translation if you come across § indicating a contractual provision). A German statutory provision is structured as follows:

Paragraph (§) = Section (s.)
Absatz (Abs.) = paragraph (para. or number in brackets)
Satz = sentence
Nummer (Nr.) = number (No.)
Litera = lit.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 20:51
Grading comment
Thank you for that wonderfully clear explanation, Beate. It has helped me a great deal, and I appreciate it very much. I particularly like the idea of putting the paragraph number in brackets, as it saves me worrying about whether to translate Absatz as "paragraph", "clause" or "subsection"!

Anyway, thanks so much once again for not only helping me with this sentence, but explaining a little about German legislative formulae in general, and setting it all out in a way that even a legal duffer like me could follow! :-) My text contained several sentences similar to this, so your answer helped a lot with those too. Have a great Thursday!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +5pursuant to Section 105 (5) sentence 1, first half of the sentence, of the ...Beate Lutzebaeck
4pursuant to section 105, subsection 5, first half-sentence ...
Antoinette-M. Sixt Ruth
3I'd go with
Jonathan MacKerron


Discussion entries: 1





  

Answers


13 mins   confidence: Answerer confidence 5/5 peer agreement (net): +5
pursuant to Section 105 (5) sentence 1, first half of the sentence, of the ...


Explanation:
You're right, the correct legal jargon is "pursuant to" or "in accordance with" (rather than "according to", which is correct content-wise but not the proper lingo).

§ stands for Paragraph, the German term for section (of a statute). This scriggle is not used in NZ legal writing or statutes (nor is it in the UK), but is in fact used by the legal community in the US. With regard to a run-of-the-mill act/statute, I wouldn't use "article" as a translation for Paragraph, article is reserved for higher ranking pieces of legislation.

Finally, Halbsatz is - nomen est omen - one half of the sentence. For easy reference, lawyers like to quote their sources with a high degree of precision, down to the individual part of the sentence. I've seen this translated as "first-half sentence", but only in EU documents - so it's probably not very idiomatic.

--------------------------------------------------
Note added at 18 mins (2003-12-09 06:55:17 GMT)
--------------------------------------------------

Nope, Satz is definitely not clause (clause is a section in a contract and a good translation if you come across § indicating a contractual provision). A German statutory provision is structured as follows:

Paragraph (§) = Section (s.)
Absatz (Abs.) = paragraph (para. or number in brackets)
Satz = sentence
Nummer (Nr.) = number (No.)
Litera = lit.


Beate Lutzebaeck
New Zealand
Local time: 20:51
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 239
Grading comment
Thank you for that wonderfully clear explanation, Beate. It has helped me a great deal, and I appreciate it very much. I particularly like the idea of putting the paragraph number in brackets, as it saves me worrying about whether to translate Absatz as "paragraph", "clause" or "subsection"!

Anyway, thanks so much once again for not only helping me with this sentence, but explaining a little about German legislative formulae in general, and setting it all out in a way that even a legal duffer like me could follow! :-) My text contained several sentences similar to this, so your answer helped a lot with those too. Have a great Thursday!

Peer comments on this answer (and responses from the answerer)
agree  Robert Schlarb: good listing of the equivalents, Beate
42 mins

agree  writeaway: helpful and interesting answer, as usual
1 hr

agree  Textklick: Excellent answer and useful. But in accordance with your note, shouldn't Absatz 5 be Para 5?
2 hrs
  -> Can be, but, as I indicated, it can also be shortened to a number in brackets (essentially a matter of personal preference - I'm into saving space ... ;-))

agree  Olav Rixen
2 hrs

agree  Natalie Chandler: Very clear explanation
6 hrs
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3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
I'd go with


Explanation:
"as per § 105, par. 5, first clause, first half of sentence, German Medicines Act (AMG)"

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Note added at 3 hrs 6 mins (2003-12-09 09:43:14 GMT)
--------------------------------------------------

rather \"....clause 1,....\"

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in category: 181
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7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
pursuant to section 105, subsection 5, first half-sentence ...


Explanation:
I believe section/ subsection is the correct sequence.

Antoinette-M. Sixt Ruth
Local time: 01:51
Works in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 24
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Changes made by editors
Nov 24, 2010 - Changes made by Steffen Walter:
Field (specific)(none) » Law (general)


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