Übersetzung für "Auslegungsregel" in Englisch

The VCLT recognizes a preamble as part of a treaty for the general rule of interpretation.

This rule on interpretation shall not apply in the context of the procedures laid down in Article 7 (2).

Composite services consisting of a combination of different services which cannot be classified according to interpretation rule (l,a) shall be classified as if they consisted of the service which gives them their essential character, in so far as this criterion is applicable;

Thus the differences, at first sight fundamental, are finally reduced to the meaning of a rule of interpretation (27). No general assertion can be made however as to what tests are applied to the proof of an agreement which deviates from statute law.

It should be observed as a principal design rule for designing the burner outlet edge that the geometrical deviation from a circular geometry should be chosen at least so large that the resulting distance between the two geometries is greater than the boundary layer thickness of the flow that flows through the outlet geometry.

The rule of interpretation contained in paragraph 4 has been based on the wording of Article 6(2) of the Treaty on European Union (cf. now the wording of Article I-9(3) of the Constitution) and takes due account of the approach to common constitutional traditions followed by the Court of Justice (e.g., judgment of 13 December 1979, Case 44/79 Hauer [1979] ECR 3727; judgment of 18 May 1982, Case 155/79, AM & S, [1982] ECR 1575).

This meant that when applying the rule of interpretation as contained in Article 31 of the Vienna Treaty, to Article 4A(1) Paris Convention, the term countries of the "Union" had to be read as also encompassing a country which was a member of the WTO.

With reference being made to the Vienna Convention on the Law of Treaties of 23 May 1969 (the principles of which have been applied in the past by the Enlarged Board of Appeal and the Boards of Appeal) and in particular to the general rule of interpretation laid down in its Article 31, it was submitted that Article 105 EPC should in this respect be interpreted in accordance with the ordinary meaning to be given to the term "opposition proceedings", which in its context of Part V of the EPC could only mean proceedings before an Opposition Division.

Thus, there were no grounds for applying supplementary means of interpretation under Article 32 VC in addition to the general rule of interpretation in Article 31 VC.

In accordance with the explanations above, the advantage of this configuration rule lies in the fact that a largely uniform grading is generated between the semifinished products of a series, enabling a largely homogeneous quality distribution in respect of the optical properties of the finished spectacle lenses over the entire delivery range thereof.

As a design rule for dimensioning the exhaust gas turbocharger used, a turbo braking factor TBF may be defined, which is determined according to the relation TBF=AT*D T /V H from the parameters A T (free flow cross section in the exhaust gas path to the turbine at maximum braking power), D T (inlet diameter of the turbine wheel) and V H (piston-swept volume of the internal combustion engine).

This is a design rule which will improve the advantages specified according to the present invention still further and which will become noticeable more and more advantageously, in particular when the number of sprockets increases.

Under the general rule of interpretation in Article 31(1) of the Vienna Convention, the EPC is to be interpreted "in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose".

It was submitted that it is a fundamental rule of interpretation in the Contracting States that words must be given their ordinary meaning and that the ordinary meaning of Article 76(2) leads unequivocally to an interpretation under which designation simpliciter of a State in a parent application gives rise to a right to designate that same State in a divisional application which complies with Article 76(1).

The preparatory work ("travaux préparatoires") and the circumstances of the conclusion of the EPC serve only as supplementary sources of evidence to confirm the result of the interpretation or if no reasonable meaning can be determined by applying the general rule of interpretation (Article 32 Vienna Convention).

The rule of interpretation that if one thing is expressed the alternative is excluded (expressio unius (est) exclusio alterius), is a rule to be applied with very great caution as it can lead to injustice.

Thus, before considering the legislative history of Rule 25 EPC 1973, in particular document CA/127/01, the meaning of the expression 'pending European patent application' is to be determined based on the general rule of interpretation enshrined in Article 31 VCLT.

In T 312/94, the board held that it was a general legal rule for the interpretation of any document, in particular a patent application or patent, in order to determine its true meaning and thus its content and disclosure, that no part of such a document should be construed in isolation from the remainder of the document: on the contrary, each part of such a document had to be construed in the context of the contents of the document as a whole.