Jun 27, 2010 20:31
13 yrs ago
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Greek term

λόγω τησ νίκησ και ήττησ

Greek to English Law/Patents Insurance law
Hello,

I don't understand this term and the whole second half of the sentence (from the μετριαζομένων). I can't find the noun for the "εν τω".

...καταδικαζομένου περαιτέρω και εισ την δικαστικήν ταύτησ δαπάνην, μετριαζομένων όμωσ εισ το εν τω διατακτικόν ποσόν λόγω τησ εκατέρωθεν εν μέρει νίκησ και ήττησ.

Thank you. Sorry for asking maybe too basic questions.

Dragana

Discussion

Dylan Edwards Jun 28, 2010:
It should be εν τω διατακτικώ:

το εν τω διατακτικώ ποσόν - the sum (referred to) in the operative part of the judgment

Proposed translations

19 hrs
Selected

succeeded on some heads and failed on others

since each of the parties succeeded on some heads and failed on others

νίκη is 'victory' or success and ήττα is 'defeat' or failure in an action or part of an action.

εν μέρει νίκη, εν μέρει ήττα - partial success, partial failure.

έκατερώθεν means 'on either side', i.e. on either side there was partial success and partial failure.


Since the opposition is successful only for part of the contested goods and services, both parties have succeeded on some heads and failed on others. ...
oami.europa.eu/LegalDocs/Opposition/2009/en/001056458.pdf

EUR-Lex - 61992C0422 - EN
Since the parties have succeeded on some heads and failed on others, they should be ordered to bear their own costs pursuant to Article 69(3) of the Rules ...
eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX...EN...

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Note added at 19 hrs (2010-06-28 16:04:50 GMT)
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You could also say, "since each of the parties has succeeded in part and failed in part".
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4 KudoZ points awarded for this answer.
1 hr

it is a syntax error omit it

Dear ORBIS,
It is a syntax error 'εν τω' requires a word ending by '-ω' which is absent.
Each party has to pay limited (=μετριαζομένων)legal (court) costs as both parties are considered to have lost the case in some aspects only.
Hope I helped,
Bolb123


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Note added at 2 hrs (2010-06-27 22:49:44 GMT)
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'εν τω' is the one you omit, attention!
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