Updating Civil Procedure: Ideas for Reforms

Featured

Germany elects a new federal parliament (Bundestag) on 26th September 2021. Christine Lambrecht, the federal minister of justice is not running again. So irrespective of the outcome of the election, we will see a new face at the helm of the ministry. There is no shortage of ideas for the incoming minister to choose from if he or she goes about reforming civil procedure. Proposals range from the introduction of international commercial courts to dozens of proposals around the digitisation of civil procedure. Continue reading

Federal Supreme Court: Jurisdiction Based on Virtual Branch Office in Germany

Featured

If international contracts are concluded online, they sometimes lack an unambiguous nexus to a specific jurisdiction. Sometimes, this makes it difficult to determinate the competent court. In a recent case involving a German customer, Air France and flights from the United States to France and then on to the UK, the lower German courts found that they had no jurisdiction. It was for the Federal Supreme Court (Bundesgerichtshof) to provide clarity: It found that the Frankfurt District Court (Landgericht) had jurisdiction after all. Continue reading