Germany does not have US style class actions. The introduction of the Capital Market Investors’ Model Proceeding Act (Kapitalanlegermusterverfahrensgesetz, KapMuG) in 2005 (triggered by the Deutsche Telekom securities litigation) and of the Model Declaratory Proceedings (Musterfeststellungsklage) that were added to the German Code of Civil Procedure (ZPO) in November 2018 in order to address the wave of Diesel litigation have not really changed that. In the assessment of the plaintiffs’ bar, Germany’s legal tools for seeking collective redress are still not fit for purpose. Continue reading →
The Munich District Court (Landgericht München I) has issued, and the Munich Court of Appeals (Oberlandesgericht München) has confirmed in a judgment dated 12 December 2019 what appears to be Germany’s first anti-anti-suit injunction.
In the time-honoured tradition of German case reporting, the judgment is anonymized. However, read in conjunction with press reports and the reported US cases, it is clear that the injunction was issued for the benefit of Nokia of Finland against German automotive supplier Continental in the context of a patent war around connected cars and fair, reasonable, and non-discriminatory (FRAND) licenses. Continue reading →
The Munich District Court (Landgericht München I) issued a judgment today which, if confirmed upon appeal, could have a significant impact on sports arbitration in Germany. Today’s decision came in proceedings brought by German speed skater Claudia Pechstein against the International Skating Union (ISU) und its German member, Deutsche Eisschnelllauf-Gemeinschaft (DESG) for damages suffered as a result of a doping ban. Pechstein’s damages claim was dismissed, but the Munich court found the arbitration clause contained in the athletes’ agreement between Pechstein and both the ISU and DESG to be invalid. Continue reading →