verweer door de voorzieningenrechter afgewezen

English translation: plea/defence was dismissed/rejected by the preliminary rulings/relief judge

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Dutch term or phrase:verweer door de voorzieningenrechter afgewezen
English translation:plea/defence was dismissed/rejected by the preliminary rulings/relief judge
Entered by: Deborah do Carmo

09:00 Mar 16, 2005
Dutch to English translations [PRO]
Law: Patents, Trademarks, Copyright
Dutch term or phrase: verweer door de voorzieningenrechter afgewezen
Zoals aangehaald in de conclusie van repliek was XXX al eerder in een vergelijkbare procedure betrokken. In die procedure ging het om gebruik van liedjes van ccc door XXX, zonder dat de auteursrechten op de liedjes waren geregeld. Ook daar voerde XXX het verweer dat het geen de musical betrof maar slechts een “concertante-uitvoering”. *Dat verweer is door de voorzieningenrechter afgewezen*.

MTIA,
Iris
Iris70
Local time: 18:21
That plea (or: defence) was dismissed by the judge who granted the preliminary ruling
Explanation:
I can only think this refers a judge (or court) that granted a preliminary ruling on the matter.

In the US it's a "preliminary injunction judge/court" if your text is for the US market.

This could have been what is termed in other legal systems a "rule nisi" (i.e. an order that is granted and then is confirmed or dismissed after interested parties have been given a chance to representations by a certain date)

I'd suggest go back through your text and see if there is a refernce to some form of earlier/provisional/preliminary ruling that had to be considered at this point for this to make sense.


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Note added at 53 mins (2005-03-16 09:54:12 GMT)
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Just as background:
A provisional ruling (or rule nisi) is often given in urgent matters to grant temporary relief pending a final hearing once all interested parties have been given a chance to state their case.
Selected response from:

Deborah do Carmo
Portugal
Local time: 17:21
Grading comment
Thanks, nice and concise!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1(that) defence was rejected by the preliminary relief judge
Buck
4 +1This defence / plea was rejected in an interlocutory
jarry (X)
3 +1That plea (or: defence) was dismissed by the judge who granted the preliminary ruling
Deborah do Carmo


  

Answers


50 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
That plea (or: defence) was dismissed by the judge who granted the preliminary ruling


Explanation:
I can only think this refers a judge (or court) that granted a preliminary ruling on the matter.

In the US it's a "preliminary injunction judge/court" if your text is for the US market.

This could have been what is termed in other legal systems a "rule nisi" (i.e. an order that is granted and then is confirmed or dismissed after interested parties have been given a chance to representations by a certain date)

I'd suggest go back through your text and see if there is a refernce to some form of earlier/provisional/preliminary ruling that had to be considered at this point for this to make sense.


--------------------------------------------------
Note added at 53 mins (2005-03-16 09:54:12 GMT)
--------------------------------------------------

Just as background:
A provisional ruling (or rule nisi) is often given in urgent matters to grant temporary relief pending a final hearing once all interested parties have been given a chance to state their case.

Deborah do Carmo
Portugal
Local time: 17:21
Specializes in field
Native speaker of: English
PRO pts in category: 12
Grading comment
Thanks, nice and concise!

Peer comments on this answer (and responses from the answerer)
agree  jarry (X): Sounds most convincing.
11 mins
  -> thanks - basically we've given the same answer at the same time (wierd!!) - I think yours is actually more compact :-)
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50 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
This defence / plea was rejected in an interlocutory


Explanation:
judgment.

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Note added at 1 hr 0 min (2005-03-16 10:01:26 GMT)
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http://legal-dictionary.thefreedictionary.com/Judgment
25. An interlocutory judgment, is one given in the course of a cause, before final judgment. When the action sounds in damages, and the issue is an issue in law, or when any issue in fact not tried by a jury is decided in favor of the plaintiff, then the judgment is that the plaintiff ought to recover his damages without specifying their amount; for, as there has been no trial by jury in the case, the amount of damages is not yet ascertained. The judgment is then said to be interlocutory.

jarry (X)
South Africa
Local time: 18:21
Native speaker of: English
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
agree  Deborah do Carmo: yep - as in given provisionally during the course of a legal action.
4 mins
  -> Thank you
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(that) defence was rejected by the preliminary relief judge


Explanation:
I tend to use preliminary relief judge as the translation of voorzieningenrechter. Another option is judge in preliminary relief proceedings.

Buck
Netherlands
Local time: 18:21
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Deborah do Carmo: preliminary relief judge is a concise option, nice one (preliminary injunction judge for the US)
16 hrs
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