75th Anniversary of the Reinstatement of the Frankfurt Courts

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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

Art Law After Brexit: EU Commission Guidance on Cultural Goods

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

The Art of Anonymous Case-Reporting: Who is Dr O?

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.
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Art Law: Contact Point for Collections from Colonial Contexts Established

The Cultural Foundation of the German Federal States (Kulturstiftung der Länder) has established a new central port of call for all questions about collections from colonial contexts in Germany: the Contact Point for Collections from Colonial Contexts, or CP3C for short. It became operative this week. Here is from Markus Hilgert, General Secretary of the Cultural Foundation of the German Federal States and Director of the CP3C:

“In establishing the Contact Point, the Federal Government, Länder [federal states] and municipalities have put in place an important prerequisite for dialogue in the spirit of partnership with countries and societies of origin concerning how to deal responsibly with collections from colonial contexts. This attests to the unwavering commitment of everyone involved to a joint reckoning with Germany’s colonial history as part of our society’s culture of remembrance.”

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Climate Change Litigation: International Jurisdiction and Applicable Law, Lecture, 7 July 2020

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

Frankfurt Court of Appeal: Arbitrator’s Dissenting Opinion Violates Public Policy

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