On September 1, 2023, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters enters into force. In German domestic law, the jurisdiction for the enforcement of foreign judgments is newly defined – as of today, the dictrict courts (Landgerichte) will have exclusive competence in these matters. Continue reading
Federal Supreme Court: Jurisdictional Issues in the “Lost Art” Database Case
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The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of substantive law (more on this will be forthcoming shortly), but also in terms of procedural law: In the judgment published yesterday, the court also considered the question of international jurisdiction based on the failure of a defendant domiciled outside a Member State of the European Union to object to the jurisdiction of the German courts. Continue reading
Art Law: Lewenstein Heirs v. Bayerische Landesbank – Recommendation of the Advisory Commission
In the case of the heirs of Hedwig Lewenstein Weyermann and Irma Lewenstein Klein v. Bayerische Landesbank, the Advisory Commission’s decision recommending the restitution of Wassily Kandinsky’s painting Das bunte Leben (The Colourful Life) was published on 13 June 2023. Following a decision to that effect by the Bavarian Landtag, the federal state’s legislature, Bayerische Landesbank has now decided to accept the recommendation and to return the painting. Bayerische Landesbank is a public sector bank owned by the Bavarian state and the Bavarian Sparkassen. Continue reading
Berlin Administrative Court Allows Freedom of Information Act Access in Support of Arbitral Proceedings
The Berlin Administrative Court (Verwaltungsgericht) ruled in favor of information access under the German Freedom of Information Act (Informationsfreiheitsgesetz, IFG) in a case related to the German passenger car toll system (Pkw-Maut). The case revolved around claims from plaintiffs – the prospective toll operators – for specific documents from the Federal Ministry of Transport (Bundesverkehrsministerium). The Ministry had claimed various grounds to withhold the information, including potential adverse effects on ongoing arbitral proceedings. However, the court rejected these arguments and asserted the primacy of the Information Freedom Act (IFG) over the procedural rules of arbitral proceedings. This decision sets an important precedent concerning the interplay between information access and arbitration procedures. Continue reading