Dec 9, 2003 06:36
20 yrs ago
39 viewers *
Deutsch term

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

Deutsch > Englisch Rechts- und Patentwesen Recht (allgemein) Legislative Jargon
"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.
Change log

Nov 24, 2010 12:14: Steffen Walter changed "Field (specific)" from "(none)" to "Recht (allgemein)"

Discussion

Non-ProZ.com Dec 9, 2003:
Umm ... Wouldn't "Satz" be clause here?

Proposed translations

+5
13 Min.
Selected

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

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.
Peer comment(s):

agree Robert Schlarb : good listing of the equivalents, Beate
42 Min.
agree writeaway : helpful and interesting answer, as usual
1 Stunde
agree Textklick : Excellent answer and useful. But in accordance with your note, shouldn't Absatz 5 be Para 5?
2 Stunden
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 Stunden
agree Natalie Chandler : Very clear explanation
6 Stunden
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4 KudoZ points awarded for this answer. 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!"
3 Stunden

I'd go with

"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)
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rather \"....clause 1,....\"
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7 Stunden

pursuant to section 105, subsection 5, first half-sentence ...

I believe section/ subsection is the correct sequence.
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