2020 does not only mark 75th anniversary of the end of the Second World War, but also the beginning of the efforts to rebuild Germany’s institutions. Today is the 75th anniversary of the reopening of the District Court (Landgericht) Frankfurt. General Eisenhower’s Proclamation No. 1 of 19 March 1945 had closed down all German courts until further notcie. The order of the US Military Government to re-open the Frankfurt district court came on 24 and August 1945. Continue reading
Under the headline “Getting ready for the end of the transition period”, the European Commission has published guidance for stakeholders for a variety of sectors, from air transport to waste shipments. For the art business, there is a note on the import and export of cultural goods dated 17 August 2020. Continue reading
I have written about the time-honoured German tradition of anonymous case reporting, and some rather absurd results thereof, on several occasions (see here, for example). In a recent order, the Federal Supreme Court (Bundesgerichtshof) has taken that practice to a completely new level of meaninglessness.
The case involved one of Germany’s household food brands – I am not yet giving away which one – and dealt with the information that had to be displayed on the packaging of a popular cereal. As it is customary for disputes of this nature, the judgment included a picture of the product in question.
We have covered climate change litigation here before, in particular the case of a Peruvian farmer against German utility company RWE currently pending before the Court of Appeals (Oberlandesgericht) Hamm. So I thought I ought to alert readers to food for thought on the topic that is on offer: Continue reading
To the best of my knowledge, this is the first time that a German court has gone on the record on the issue of dissenting opinions in arbitration: The Frankfurt Court of Appeals (Oberlandesgericht) has taken the view that the publication of a dissenting opinion by the minority arbitrator violates the procedural ordre public, thus constituting a reason to set aside the arbitral award pursuant to Section 1059 para. 2 no 2 b) of the German Code of Civil Procedure (Zivilprozessordnung, ZPO). I discuss the decision in detail in a post at the Kluwer Arbitration Blog. Here’s the summary: Continue reading