UPDATE – German Football Cup: Schalke 04’s Opponent Determined By Arbitral Tribunal

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UPDATE: Shortly after this post went online Türkgücü published the judgment of the District Court (Landgericht) Munich dated 30 September 2020 and the arbitral award of the Bavarian Football Association’s arbitral tribunal dated 27 October 2020 on its website. The decisions can be found here and here. In the original post, I stated the 2019/2020 season of the Bavarian Regional League had been abandoned. This is not correct – the season was only suspended and is currently continuing as the 2019/2021 season (with my hometown club, Viktoria Aschaffenburg, currently leading the league and Türkgücu still being shown in the table). I have corrected this and added the correct dates.

Finally, a decision of the Munich Court of Appeals (Oberlandesgericht) – and thus the fourth decision-making body after the District Court Munich, the Bavarian Supreme Court (Bayerisches Oberstes Landesgericht) and the arbitral tribunal – brought the injunctive proceedings before the state courts to an end for the time being. Continue reading

German Football Cup: Schalke 04’s Opponent Determined By Arbitral Tribunal

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As if Schalke 04 did not have enough problems as it is this season, given their current standing in the Bundesliga, the club through no fault of their own could not play their first-round match in the German Cup. Schalke fell victim to a dispute between two Bavarian clubs, fourth-division side Schweinfurt 05, and newly promoted third-division club Türkgücü Munich. The Bavarian Football Association (Bayerischer Fussballverband, BFV) nominated Schweinfurt 05 for of the 2020/2021 Cup season. However, Türkgücü felt that they should have been nominated, and obtained an injunction in the Munich courts, which prevented the match between Schweinfurt 05 and Schalke 04 to be played as scheduled on 13 September 2020.

Please note that I have posted an UPDATE on 7 November 2020.  Continue reading

Cases of the Week: How (Not) To Bundle Claims

Landgericht BraunschweigGermany 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

Case of the Week: Up the Anti – Munich Courts Issue Germany’s First Anti-Anti-Suit Injunction in Nokia v. Continental

OLG München 2The 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