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auflagefähig

English translation: formal deficiencies

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:auflagefähige Mängel
English translation:formal deficiencies
Entered by: Rowan Morrell
Options:
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08:34 Dec 9, 2003
German to English translations [PRO]
Law/Patents / Legal Mumbo-Jumbo
German term or phrase: auflagefähig
"Es ist beabsichtigt, nachdem den mitgeteilten Mängeln abgeholfen wurde, die Beseitigung ggf. vorhandener weiterer auflagefähiger Mängel per Auflage nach §§ 28, 105 Abs. 5a anzuordnen."

More legalese. Someone who has submitted an application for a drug authorisation or licence to be extended has made some mistakes and is being asked to fix them. Here they're saying they'll order that any additional mistakes be corrected after the others have been fixed.

I'm stuck fast on "auflagefähig" though, and Auflage itself for that matter. I am aware that this word has been asked about once before on ProZ, but wasn't that happy with either of the answers. TIA for any light you can shed on this term for my context.
Rowan Morrell
New Zealand
Local time: 19:43
formal [or procedural] defects
Explanation:
They are notifying applicant of presence of formal defects and ordering their corrections and deferring notification of any others until after these have been addressed. [Only then will they review it for substance.]

If the application were rejectable out of hand, it would be. That's why "formal defects". The term covers omissions, e.g. of documentation, as well.


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Note added at 13 hrs 5 mins (2003-12-09 21:39:41 GMT)
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ordering their correction --

crossed with Counsel (some helpful info there)
Selected response from:

Maureen Holm, J.D., LL.M.
United States
Local time: 01:43
Grading comment
This really was one for the legal specialists, so thanks Maureen and Counsel for your responses. Jonathan and Edward gave pretty reasonable answers as well, but I really did need the extra assurance of a legal background to be convinced on this occasion. A good explanation also helps, and Maureen's was the clearest in that respect, though Counsel covered "per Auflage" a little better.

However, I actually prefer "formal deficiencies" to "formal defects", and search engine hits seem to confirm "formal deficiencies" as being the better term (certainly, it's used more frequently). So I'm going to use that, but would never have thought of it if it hadn't been for Maureen's answer. Thanks and well done Maureen, but thanks also to the others for their assistance. Appreciate everyone's help.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4formal [or procedural] defects
Maureen Holm, J.D., LL.M.
3 +1regulatory defects; amenable to regulation by imposing conditionsxxxKirstyMacC
4See note.Edward Guyver
2 +2contestable
Jonathan MacKerron


Discussion entries: 2





  

Answers


58 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +2
auflagefähig
contestable


Explanation:
my guess, as I couldn't find it in Dietl/Lorenz

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Note added at 1 hr 2 mins (2003-12-09 09:36:27 GMT)
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\"reportable deficiencies\"

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Note added at 1 hr 27 mins (2003-12-09 10:01:25 GMT)
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After the deficiencies have been redressed, we intend to issue an order that you address all further applicable deficiencies as per our conditions.....

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 5577

Peer comments on this answer (and responses from the answerer)
agree  Olav Rixen: I'd go with reportable.
5 mins

agree  Thomas Melletat: Agree
19 mins
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
See note.


Explanation:
"After the notified defects (deficiencies) have been remedied, it is intended if necessary to direct the remedy of other existing remediable defects (deficiencies) by order in accordance with §§ 28, 105 Abs. 5a."

Edward Guyver
Local time: 06:43
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 247
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
regulatory defects; amenable to regulation by imposing conditions


Explanation:
per Auflage: remedy the defects... by regulation/by imposing a condition/ under..

Auflage usually comes down to a planning condition in land law. Doesn't quite fit in that well here.

xxxKirstyMacC
Local time: 06:43
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 706

Peer comments on this answer (and responses from the answerer)
agree  Maureen Holm, J.D., LL.M.: good - or by attaching stipulations to the grant of the application
6 mins
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
auflagefähig
formal [or procedural] defects


Explanation:
They are notifying applicant of presence of formal defects and ordering their corrections and deferring notification of any others until after these have been addressed. [Only then will they review it for substance.]

If the application were rejectable out of hand, it would be. That's why "formal defects". The term covers omissions, e.g. of documentation, as well.


--------------------------------------------------
Note added at 13 hrs 5 mins (2003-12-09 21:39:41 GMT)
--------------------------------------------------

ordering their correction --

crossed with Counsel (some helpful info there)

Maureen Holm, J.D., LL.M.
United States
Local time: 01:43
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986
Grading comment
This really was one for the legal specialists, so thanks Maureen and Counsel for your responses. Jonathan and Edward gave pretty reasonable answers as well, but I really did need the extra assurance of a legal background to be convinced on this occasion. A good explanation also helps, and Maureen's was the clearest in that respect, though Counsel covered "per Auflage" a little better.

However, I actually prefer "formal deficiencies" to "formal defects", and search engine hits seem to confirm "formal deficiencies" as being the better term (certainly, it's used more frequently). So I'm going to use that, but would never have thought of it if it hadn't been for Maureen's answer. Thanks and well done Maureen, but thanks also to the others for their assistance. Appreciate everyone's help.
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