Translation of "Fehlerhafte entscheidung" in English

The European Central Bank should reverse its mistaken decision to hike interest rates.

Driven by the heart, one will never make an errant decision from a spiritual standpoint.

When it comes to economic policy, a fast, faulty decision is often better than inaction.

In the judgement of the appeal board, the fact that the Examination Board did not rectify the flawed decision, even though the discrepancy between the question underlying statement 10.4 and the expected answer according to the Examiner's Report was comprehensively substantiated in the appellant's grounds of appeal, must also be taken into account.

Even less could a party's own attacks on a previous, allegedly flawed, decision of a board of appeal be a basis for alleging partiality of the members of the board in future cases.

In view of this established case law, the board could not subscribe to the view expressed in T 971/06 that an erroneous decision was a nullity and therefore no appeal needed to be filed against it.

In clear and unequivocal cases, rectification is a quick and simple way of cancelling flawed decisions and spares the parties the cost, in time and money, of appeal proceedings.

Although a flawed decision on the maintenance of a patent or the rejection of an opposition may affect the commercial interests of specific companies, it can hardly be said to impinge on the public at large.

In clear cases rectification was a quick and simple way of cancelling flawed decisions, which spared parties the cost, in time and money, of appeal proceedings and was thus in the public interest and the interest of the appellant (D38/05, D4/06).

But when is an incorrect decision by a state court "unreasonable"- as opposed to merely incorrect?

Having fled to Brazil to avoid repatriation and prison, Mr Battisti was saved by President Lula due to an erroneous decision that was probably made for political reasons, with no regard for the suffering of the victims and their relatives.

The Court of First Instance concludes from the above that the contested Decision is tainted by defective reasoning such that it is unable to ascertain the merits of the Commission’s appraisal that no advantage is conferred on cooperatives by the tax regime in respect of taxes on capital transfers and documented legal acts, on economic activities, and on immovable property.

The Court of First Instance concludes from the above that the contested Decision is tainted by defective reasoning such that it is unable to ascertain the merits of the Commission’s appraisal whereby, assuming that the disputed measures constitute an advantage, this advantage is not selective because it is justified by the nature and scheme of the system.

The Commission has also closed an infringement case opened in October 2009 (IP/09/1614) over Germany’s incorrect implementation of Commission Decision (2008/477/EC) harmonising the 2.6 GHz frequency band.

Even if it were to be found subsequently that any monitoring system described did not operate as it should have or that the data supplied to the Commission were inaccurate, that does not mean that the contested decision was defective in any way.

Furthermore, the remainder of the statement of grounds was insufficient under Article 108 EPC, since it neither stated in what way the decision under appeal was faulty, nor discussed what the arguments were upon which the appellant was going to rely in the appeal proceedings.

Basically, any approach that makes the decision on whether a claimed process for the production of plants is essentially biological and therefore excluded from patentability, or technical and therefore patentable, dependent on criteria which are determined by reference to the state of art is flawed because it conflates the considerations which are relevant for patentability with those relevant for novelty and inventive step.