Kapitalanlegermusterverfahrensgesetz (Capital Market Investors’ Model Proceeding Act), or KapMuG for short, is the closest thing German law has to a class action. In its current form, the Act would have expired on October 30, 2012. Early on, there was consensus that the Act would be extended, and German parliament has now decided to do so, for another eight years, but with some modifications.
The post on Foreign Courts, Arbitration and Protectionism at the St. Petersburg International Legal Forum last month attracted some comments in the LinkedIn International Arbitration Group. I reported on statements made by Russia’s most senior commercial judge, Anton Ivanov, on protecting Russian citizens and companies from foreign courts and international arbitration. Vladimir Yaduta pointed to an interview with Anton Ivanov, to with the link is provided below, and kindly has given me permission to share his comment: Continue reading
Yesterday, the European Court of Justice (ECJ) rendered a landmark decision in Oracle v. Usedsoft on the sale of used software licenses. Granted, it is a substantive judgment in an IT matter and you might ask why it is covered in this blog – well, it originated in the German courts, and the referring court was the Federal Supreme Court (Bundesgerichtshof). And I view it as yet another illustration of Germany’s popularity for international IP disputes. The question before the ECJ was whether purchasers could resell, without limitation in time, licensed software even if purchased via download. Yes, said the ECJ. Continue reading