Translation of "Obiter" in German

These points were made obiter and remain to be finally decided.

Obiter audientia – one moment’s attentiveness, – is one of Mogens Christensen’s very first chamber works.

The Commission has been intelligent enough to try to take maximum advantage of the conclusions of the Court of Justice, what I would call the obiter dicta of the Court of Justice, in the judgment which rescinded the previous Directive on tobacco advertising.

I believe that Commissioner Kinnock is demonstrating his great parliamentary experience by negotiating this rather complex issue in a very efficient manner and I will simply make an observation on what we might call Mr Harbour' s obiter dictum.

The Court of First Instance (CFI) made interesting comments on subsidiarity, by way of obiter dicta in two cases, and further elaborated on the applicability of the principle of proportionality in the field of competiton law.

With regard to HAMSA, the Commission observes that the obiter dictum in paragraph 157 refers to the general Spanish insolvency legislation.

This decision was criticised in Haystead v. DPP where the Divisional court expressed the obiter opinion that battery remains a common law offence.

It was suggested obiter in British Leyland -v-Wvatt Interpart (2) that it might be considered an abuse of process to relitigate in the UK courts factual issues which have already been determined by the ECJ.

The Supreme Court of the United States of America and the courts of some of its constituent states have indeed, under the doctrine of'prospective over ruling' claimed, and exercised a power to declare for the future a rule which is not to be applied to the past and two members of the House of Lords have indicated, obiter, that the doctrine may deserve consideration in the United Kingdom.

Following his lecture at the London School of Economics and Political Science (LSE) on 30 November, Mr DIAMANDOUROS was interviewed by e-mail by Mr Stephen GUMMER, Editor of the LSE’s Law Review, The Obiter.

Even if in its opinion G 1/04 the Enlarged Board stated obiter that the principle of narrow construction of exclusions does not apply without exception, in the case in point the Enlarged Board did apply the diagnostic methods exclusion narrowly.

The Enlarged Board of Appeal has accepted obiter dictum that the principle of the prohibition on double patenting is based on the notion that an applicant has no legitimate interest in proceedings leading to the grant of a second patent for the same subject-matter if he already possesses one granted patent for that subject-matter (seeG 1/05, and G 1/06).

In the board's view this may be regarded as an obiter dictum because point 2.1 of the reasons clearly explained that no lack-of-novelty objection to the subject- matter of the patent in suit was based or could have been based on the prior art documents taken into consideration by the disclaimer, since their respective disclosures differed from that of the patent in suit even without the incorporation of a disclaimer into the latter.

In T 725/05 the board examined whether or not a party to inter partes proceedings can be adversely affected by an obiter dictum contained in a decision of an opposition division.

As an obiter dictum, the Board holds that such a request would have been prima facie unallowable, simply because there are no procedural steps which are available to be taken by the applicant in the procedure of the parent application in order to file a divisional application.

The Enlarged Board's statement in point 6.2.1 of the Reasons for its opinion G 1/04 that the surgical or therapeutic nature of a method claim can perfectly be established by a single method step without contravening Article 84 EPC, was essentially obiter and based on decision T 182/90 which fell into error on this point.

According to an obiter dictum in T 239/96, the board took the view that, in the absence of a provision on cross appeal (in German "Anschlussbeschwerde"), reformatio in peius could not be ruled out altogether under the EPC, as it might serve as a means of avoiding unnecessary litigation, while still satisfying the legitimate expectations of the parties for a fair hearing.

Thus the observations of Technical Board of Appeal 3.3.1 regarding Rule 88 EPC, which are summarised in the preceding paragraph, were strictly obiter dicta.

However, the Federal Court of Justice has, in an "obiter dictum", not expressed any principle concerns regarding an order to repay financial advantages resulting from an abusive conduct (Federal Court of Justice, judgement of 10 December 2008, docket no.

It was entirely appropriate and desirable in the interests of overall procedural efficiency and effectiveness that an opposition division should include in its decision, by way of obiter dicta, reasoned findings which could obviate a remittal in the event of a revocation flowing from a certain ratio being reversed on appeal.

The Tax Authority implemented the rulings of the BFH with the identical Decree of the Federal States, GLE of April 20, 2018, and, at the same time, lifted its previous rulings and incorporated the obiter dictum of the BFH as well.