The Bundesgerichtshof judgment in the Sachs Art Collection Case (see March 19, 2012 post) is now available online in full. The court based its ruling on the concept that restitution in rem (Naturalrestitution) was to remain the standard remedy, and was to take priority (“das vorrangige Ziel der Naturalrestitution”), over monetary compensation, wherever possible. It was on that basis that the scope of the restitution rules had to be interpreted. Continue reading
In a recently published judgment of the Federal Supreme Court (Bundesgerichtshof), an Israeli party failed to get a judgment of the court in Haifa recognized. The German party had, throughout the proceedings, challenged the jurisdiction of the Haifa court. The issue at hand was whether, under the bi-lateral treaty between Germany and Israel, the German courts were bound by the findings of the Israeli court on jurisdiction, or whether the German courts were entitled to review the underlying findings as to jurisdiction independently. Continue reading
Berlin’s Humboldt-Viadrina School of Governance and Frankfurt/Oder’s “Frankfurter Institut für das Recht der Europäischen Union” are hosting, on May 7 and 8, 2012, a conference on “Class Actions in the European Union – Status Quo and Outlook” (Die EU-Sammelklage – Status und Perspektiven). They have put together a programme with excellent speakers representing major interest groups and a broad spectrum of lawyers, judges, academics and industry bodies- a very promising set-up. Here’s the link to the conference programme.
Just as I posted on Düsseldorf’s move to strengthen its position as a global patent litigation forum, the New York Times yesterday ran a story about German Courts being at the “Epicenter of Global Patent Battles Among Tech Rivals”, covering the headline cases currently pending in München, Mannheim and Düsseldorf. Continue reading