The Month in Retrospect: What Else Happened in July

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Robert BoyleEvaluation of the Mediation Act

Five years ago, the Mediation Act (Mediationsgesetz) came into force. We did cover the legislative process on the blog in quite some detail. The Act provided for an evaluation to take place at the fifth anniversary. This report has now been published by the Federal Ministry of Justice. Here is a link to the full report, and here is a link to a summary produced by Professor Reinhard Greger, who served as a judge at the Federal Supreme Court before becoming a full-time academic. His summary is critical of the success of the Act: In essence, the total number of mediations remains low, and has not increased significantly since the Act came into force. Only very few mediators can actually earn a meaningful income by providing mediation services. Continue reading

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Case of the Week: Federal Constitutional Court Issues Interim Order in Jones Day/Volkswagen Case

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BundesverfassungsgerichtThis Case of the Week is hot off the press – the case originally scheduled for today will have to wait: Today, the Federal Constitutional Court (Bundesverfassungsgericht) announced that it had issued a rare interim order in support of a constitutional challenge (Verfassungsbeschwerde) of the law firm Jones Day against a court order that allowed the seizure of potentially privileged documents from Jones Day’s Munich Offices. Continue reading

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Porsche/Volkswagen Litigation: Moving Slowly, One Step At A Time…

olg-celle

We have not really covered the Porsche/Volkswagen saga for quite a long time – see here and here for posts on the jurisdictional journey of this litigation all across the country. Primarily, this was because not a lot has happened: Back in April 2014, the District Court (Landgericht) Hannover had published its order commencing a model proceeding (Musterverfahren) to be heard by the Court of Appeals (Oberlandesgericht) Celle (the order is available via the electronic register for model proceedings operated by the Federal Gazette at www.bundesanzeiger.de). Continue reading

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Securities Litigation in Germany: Volkswagen and The Fall-out of Dieselgate

Landgericht BraunschweigOn the blog, we have tracked the jurisdictional journey of securities litigation brought against Porsche in relation to its failed attempt to take over Volkswagen (see here and here, for example). Now, Volkswagen itself is at the centre of the most recent wave of big-time securities litigation. Investors are suing VW for failure to inform markets on time about the diesel emissions scandal, also known as Dieselgate. Jurisdictionally, things are pretty straightforward this time. The competent court, the Braunschweig District Court (Landgericht) issued a press release earlier this week on the current scope of the litigation. Continue reading

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