auflagefähig

English translation: formal deficiencies

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

German term or phrase:	auflagefähige Mängel
English translation:	formal deficiencies
Entered by:	Rowan Morrell

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 KudoZ activity Questions: 2467 (none open) (62 closed without grading) Answers: 2776 New Zealand
Local time: 19:59

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: 03:59

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

Summary of answers provided

2 +2

contestable

Jonathan MacKerron

See note.

Edward Guyver

3 +1

regulatory defects; amenable to regulation by imposing conditions

KirstyMacC (X)

formal [or procedural] defects

Maureen Holm, J.D., LL.M.

Discussion entries: 2

Answers

58 mins confidence:

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: English
PRO pts in pair: 5577

2 hrs confidence:

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: 08:59
Native speaker of:

English
PRO pts in pair: 247

13 hrs confidence:

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.

KirstyMacC (X)
Local time: 08:59
Native speaker of:

English
PRO pts in pair: 706

13 hrs confidence:

auflagefähig

formal [or procedural] defects

Maureen Holm, J.D., LL.M.
United States
Local time: 03:59
Native speaker of:

English
PRO pts in pair: 986

Grading comment

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