Month: July 2023

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. Read More

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. Read More