10.05.2024

Boycotting the Supervisory Board by Permanent Absence? – Federal Court of Justice Rejects Appointment by Court

The German Federal Court of Justice (BGH) takes the stance that a supervisory board member boycotting the board by repeatedly being absent does not give rise to the right to have an additional member…

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11.10.2023

Verbandsklagenricht-linienumsetzungsgesetz enters into force

Today, the so-called "Verbandsklagenrichtlinienumsetzungsgesetz" (VRUG) entered into force [BGBl. 2023 I Nr. 272 vom 12.10.2023]. The core part is the new Consumer Rights Enforcement Act (VDuG).…

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17.08.2023

Federal Government of Germany approved on the establishment of Commercial Courts

On 16 August 2023, the German Federal Government passed the draft of the „Justizstandorts-Stärkungsgesetz“ regarding the establishment of commercial courts and English as language of the proceedings…

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17.07.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.4): Anti-Suit Injunctions in EU after Brexit

In the recent published parts of our "Brexit-Series" we focussed on the consequences of Brexit on Civil Disputes (Vol. 1 and Vol. 2). Our last part of the so-called "Brexit-Saga" highlighted a recent…

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09.07.2023

The new collective action lawsuit - Consumer Rights Enforcement Act has been passed in the Bundestag

"Potius sero, quam numquam." (Titus Livius, ab urbe condita) On 25th of June 2023, the deadline for implementation of the EU Directive on representative actions for the protection of the collective…

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04.07.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.3): Possible Liability Trap for Shareholders of UK Corporations

In the last part of our "Brexit-Series" we highlighted the consequences of Brexit on the recognition and enforcement of foreign judgments as well as arbitral awards in the European Union and the United…

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20.06.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol.2): Enforcement of judgments and arbitral awards

In the first part of our "Brexit-Series" we highlighted the influence of Brexit on the Choice of Law and Jurisdiction. This second part focuses on the consequences of Brexit on the recognition and…

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06.06.2023

Brexit and Its Effects on Dispute Resolution - A How-to Guide on Civil Disputes Post-Brexit (Vol. 1): The Choice of Law and Jurisdiction

Don't look back in anger - that's how the British band Oasis sang their way into continental European hearts through the 1990s. In the meantime, the Brexit happened. The United Kingdom left the European…

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15.05.2023

Tightening of management liability: BGH expands the scope of protection under the board and employment relationships for limited partnerships

Under the settled case law of the Federal Court of Justice (Bundesgerichtshof, BGH), the protection inherent in the board and employment relationship with the director of a general partner GmbH of a GmbH &…

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26.04.2023

Draft Bill Commercial Courts: Booster for Civil Proceedings or a half-baked Idea?

The number of incoming cases at German civil courts has been declining for years [BMJ | Pressemitteilungen | Rückgang der Eingangszahlen bei den Zivilgerichten: Forschungsbericht an das…

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18.04.2023

Reform of German Arbitration Law: Initial Key Point

"German law is already arbitration-friendly, but good things can always be made better." With these words, Dr Marco Buschmann German Federal Minister of Justice comments the initial key points of the…

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22.03.2023

Forewarned is forearmed – Dealing with product liability and the increased risks arising from the new EU Product Liability Directive

The central tenet of the Product Liability Act (Produkthaftungsgesetz, ProdHaftG) is found in § 1 (1). According to this provision, manufacturers must provide compensation for a defective product when that…

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