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18:44 Jan 25, 2002
German to English translations [PRO] Law/Patents
German term or phrase:Klagebegehren
Die Klage muß den Kläger, die Beklagte und den Gegenstand des Klagebegehrens bezeichnen und in deutscher Sprache abgefaßt sein.
The 'Klage' in this context is an appeal that may or may not be made against the Court's decision (Bescheid).
Even though the Court is the 'Beklagte', would this still be translated as 'defendant'?
Explanation: "plaintiff's claim" (or alternatively: relief sought", Dietl/Lorenz) is perfectly fine, for the record I just wanted to clarify a few things for you.
The Court is not the "Beklagte" = defendant (although an appeal is lodged against the Court's decision), but Kläger/Beklagte refers to the roles of the parties during the proceedings of the first instance (im ersten Rechtszug) prior to the appeal. Once an appeal has been lodged, the designations will be "Berufungskläger / Berufungsbeklagte".
The "Klagebegehren" as such is not the same as the appeal, the term refers to the relief initially sought in the proceedings of the first instance. But to lodge an appeal, you have to state your Klagebegehren, ie your claim (plaintiff's claim) / the relief sought.
As any other proceedings in a civil-law court, an appeal always includes a Klagebegehren.