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kann in ihrem Gerichtsstand in Anspruch genommen werden

English translation: can be sued at his own jurisdiction

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:kann in seinem allgemeinen Gerichtsstand in Anspruch genommen werden
English translation:can be sued at his own jurisdiction
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07:27 Oct 30, 2000
German to English translations [PRO]
Law/Patents
German term or phrase: kann in ihrem Gerichtsstand in Anspruch genommen werden
The grammar of this sentence confuses me. This is from a Terms and Conditions document. The whole thing: Gerichtsstand. Gerichtsstand fuer alle Streitigkeiten ist Berlin, soweit gesetzlich zulaessig. Jede Partei kann jedoch auch an ihrem allgemeinen Gerichtsstand in Anspruch genommen werden.
Kim Metzger
Mexico
Local time: 10:46
each party may also be sued at its place of general jurisdiction
Explanation:
It's not the court that's being addressed; the subject of the German sentence (i.e. what is being "in Anspruch genommen") is Jede Partei.

The German says to me that each party may also be sued in its own jurisdiction. A quick search yielded a very similar provision on a German web site which is, quite conveniently, also translated into English. :-)

Here are the pertinent excerpts:
Für den Fall, dass der Nutzer Kaufmann ist oder keinen allgemeinen Gerichtsstand in der Bundesrepublik Deutschland hat, ist Gerichtsstand für alle Rechtsstreitigkeiten München und dort das Landgericht München I. Darüber hinaus kann portax.com den Nutzer auch an dessen allgemeinem Gerichtsstand in Anspruch nehmen.
http://www.portax.com/servlets/AuctionConnector?template=agb...

In the event that a user is a merchant or has no place of general jurisdiction within the Federal Republic of Germany, the legal venue for all disputes shall be Munich, and more specifically the Munich I Regional Court. In addition a user may be sued at its/his/her place of general jurisdiction.
http://www.portax.com/servlets/AuctionConnector?template=agb...

This might also be a useful source of general info for you; it contains general terms and conditions and other such fun legal stuff.
HTH!
Selected response from:

Ulrike Lieder
Local time: 08:46
Grading comment
Thank you, Ulrike. I also thought the sentence had to be wrong, thinking that they meant to say that it was the party who could elect a different venue. But I asked the client to check the sentence for correctness and was told the sentence was fine as is. Also, I'm extremely happy with the web site you gave me. It'll be a great reference the next time I do one of these. Good day, Kim
4 KudoZ points were awarded for this answer

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Summary of answers provided
naeach party may also be sued in a court of law at its place of jurisdictionUlrike Lieder
najurisdiction, venue
Elisabeth Moser
naeach party may also be sued at its place of general jurisdictionUlrike Lieder
nacan be adressed at their normal court
Mats Wiman


  

Answers


16 mins
can be adressed at their normal court


Explanation:
in Aspruch nehmen=address in a court


    Norstedts en<>sv+MW
Mats Wiman
Sweden
Local time: 17:46
Native speaker of: Native in SwedishSwedish
PRO pts in pair: 1498
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54 mins
each party may also be sued at its place of general jurisdiction


Explanation:
It's not the court that's being addressed; the subject of the German sentence (i.e. what is being "in Anspruch genommen") is Jede Partei.

The German says to me that each party may also be sued in its own jurisdiction. A quick search yielded a very similar provision on a German web site which is, quite conveniently, also translated into English. :-)

Here are the pertinent excerpts:
Für den Fall, dass der Nutzer Kaufmann ist oder keinen allgemeinen Gerichtsstand in der Bundesrepublik Deutschland hat, ist Gerichtsstand für alle Rechtsstreitigkeiten München und dort das Landgericht München I. Darüber hinaus kann portax.com den Nutzer auch an dessen allgemeinem Gerichtsstand in Anspruch nehmen.
http://www.portax.com/servlets/AuctionConnector?template=agb...

In the event that a user is a merchant or has no place of general jurisdiction within the Federal Republic of Germany, the legal venue for all disputes shall be Munich, and more specifically the Munich I Regional Court. In addition a user may be sued at its/his/her place of general jurisdiction.
http://www.portax.com/servlets/AuctionConnector?template=agb...

This might also be a useful source of general info for you; it contains general terms and conditions and other such fun legal stuff.
HTH!

Ulrike Lieder
Local time: 08:46
Native speaker of: German
PRO pts in pair: 3525
Grading comment
Thank you, Ulrike. I also thought the sentence had to be wrong, thinking that they meant to say that it was the party who could elect a different venue. But I asked the client to check the sentence for correctness and was told the sentence was fine as is. Also, I'm extremely happy with the web site you gave me. It'll be a great reference the next time I do one of these. Good day, Kim
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1 hr
jurisdiction, venue


Explanation:
Jurisdiction for all disputes is Berlin
in as far as allowed/permitted by law. Each party can, however, choose to/elect to use their general venue.

Gerichtsstand in the second sentence is
venue. The venue for disputes can generally be moved by approval of the court into another jurisdiction (just do
give you an idea of the use of both terms). And for the confusing part:
The second German sentence is incorrect.
It should be: Jede Partei kann jedoch auch ihren allgemeinen Gerichtsstand in Anspruch nehmen. Oder: Von jeder Partei kann auch der eigene allgemeine Gerichtsstand in Anspruch genommen werden.

I always hate when you have to practically rewrite the source text.
Good luck,
Lis


    Muret-Sanders
Elisabeth Moser
United States
Local time: 11:46
Native speaker of: Native in GermanGerman
PRO pts in pair: 772

Peer comments on this answer (and responses from the answerer)
Ulrike Lieder
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2 hrs
each party may also be sued in a court of law at its place of jurisdiction


Explanation:
I don't think we should be so quick to assume that the original is incorrect, especially where contracts are concerned. The second German sentence is NOT incorrect.
"... AN ihrem Gerichtsstand" is very much part of the sentence and that led to a rather egregious error in the above answer.

That means that the party can be sued at its own place of jurisdiction (in addition or instead of the place of jurisdiction set forth in the contract), it does not mean that each party can choose its own venue (I don't think that's possible!).

Ulrike Lieder
Local time: 08:46
Native speaker of: German
PRO pts in pair: 3525
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