Glossary entry

German term or phrase:

darauf abgestellt werden

English translation:

it can no longer be (reasonably) assumed that

Added to glossary by volgil
Jan 20, 2015 17:15
9 yrs ago
2 viewers *
German term

darauf abgestellt werden

German to English Law/Patents Law: Patents, Trademarks, Copyright copyright law
Hi, can this be translated as 'emphasis' as in emphasis can no longer be places on the fact that access to the plaintiff's database...
Entsprechend dieser Wertung kann nicht mehr darauf abgestellt werden, dass auch die über XXX vermittelten Zugriffe auf die Datenbank der Klägerin zumindest teilweise auch zu Buchungen bei dieser führen.
Thanks in advance
Change log

Jan 20, 2015 17:18: Steffen Walter changed "Field (specific)" from "Law: Contract(s)" to "Law: Patents, Trademarks, Copyright"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): AllegroTrans

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Discussion

Michael Martin, MA Jan 20, 2015:
More than perhaps.. IMO, that's the best answer, TonyTK. You should post it!
TonyTK Jan 20, 2015:
Perhaps ... ... "it can no longer be argued that ..."
EK Yokohama Jan 20, 2015:
Yes, that is correct, "fact" ... ... should be avoided.
Lancashireman Jan 20, 2015:
...the fact that... The whole point of the sentence is that the second clause is not a fact. No credence can be lent to... It can no longer be (safely) assumed that...
EK Yokohama Jan 20, 2015:
No, not emphasis. Anders ausgedrückt: "Die Argumentation darf (wegen dieser Wertung) nicht mehr auf der Tatsache beruhen, dass..."

"According to this, the reasoning cannot (any longer) be based on the fact that ..."

Cf.:
"Bei der Beurteilung einer solchen engen Verbindung darf nicht darauf abgestellt werden, ob es sich um unterschiedliche juristische Personen handelt oder nicht." europa.eu
"The examination of such a close relationship must not be influenced by the question of whether or not distinct legal persons are involved."
europa.eu (via linguee.de)

Hope this helps...

Proposed translations

+4
2 hrs
German term (edited): (es) kann nicht mehr darauf abgestellt werden, dass...
Selected

it can no longer be (reasonably) assumed that

or as Tony says: it can no longer be (safely) argued that...

Although the impersonal pronoun 'es' can be omitted in German because of the word order (Entsprechend dieser Wertung kann...), 'it' needs to be restored in English. The choice of verb is determined by the fact that (ha ha) the second clause begins with 'that'.
Peer comment(s):

agree EK Yokohama : That's it! I was very busy tonight, did not really have enough time to think about it, but nevertheless we got there. Well done. /And I agree, Tony's proposal ("argued") is the best. Post as an answer?
34 mins
Thanks also for your Muttersprachler contribution in the Discussion Box. Very helpful.
agree Sebastian Witte
1 hr
agree philgoddard
2 hrs
agree TonyTK : I think either one will do.
14 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "thanks"
12 mins

can no longer be based on

certainly not "be places on the fact" - that makes no sense
Peer comment(s):

neutral EK Yokohama : Just what I wanted to write before I was distracted. But unfortunately, you do not tell us what you would write in front of "can". (And "places" was surely just a typo ("placed")...)
39 mins
neutral philgoddard : I'm not sure this works - what is the subject of "can"?
45 mins
Something went wrong...
50 mins

can no longer come down to/ be put down to

the fact that...
Something went wrong...
+2
4 hrs

it can no longer be asserted

maintained/ contended/ argued that..

the term we're looking for has to be stronger than "assume" because a whole line of argument hinges on it..

--------------------------------------------------
Note added at 4 hrs (2015-01-20 22:05:55 GMT)
--------------------------------------------------

It can no longer be insisted that... (adding to the list)
Peer comment(s):

agree TonyTK : Any of the above
11 hrs
agree EK Yokohama
1 day 12 hrs
Something went wrong...
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