Human Rights Day is observed every year on 10 December — the day the United Nations General Assembly adopted, in 1948, the Universal Declaration of Human Rights. It proclaims the inalienable rights that everyone is entitled to as a human being – regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. Available in more than 500 languages, it is the most translated document in the world. This year on Human Rights Day, the United Nations kick off a year-long campaign to promote and recognise the 75th anniversary of the Universal Declaration of Human Rights on 10 December 2023. Read More
Centenary of First Woman Admitted to German Bar
On this day one hundred years ago, on 7 December 1922, Maria Otto (* 6 August 1892; † 20 December 1977) was admitted to the German bar (Rechtsanwaltschaft). She had obtained her law degree at Würzburg University already in 1916. However, she was not admitted to the practical legal training leading to the Second State Exam that was (and today still is) required to either qualify as a judge or to be admitted to the bar. In 1920, Maria Otto obtained a doctorate in law – the title of her thesis strikes me as rather modern: International Legal Protection Against Unfair Competition (Der internationale Rechtsschutz gegen unlauteren Wettbewerb). Read More
Video Hearings to Become Standard Practice
Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section 284 para. 2 ZPO dealing with the taking of evidence by video. Read More
Security for Costs Post-Brexit: Federal Supreme Court Provides Further Guidance
In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.The Federal Supreme Court and the Federal Patent Court (Bundespatentgericht) had already held in 2021 that corporate claimants have to post security for costs pursuant to Sec. 110 German Code of Civil Procedure (ZPO), as there is no surviving treaty that would fill the gap left by Brexit.