The Month in Retrospect: What Else Happened in August 2021

Featured

Coping with the Diesel Caseload

The Volkswagen wave of Diesel cases may be ebbing off in the lower courts, but Diesel-related claims against other manufacturers continue to be filed. In the Stuttgart district court (Landgericht), the number of new civil cases is up by 60%, driven primarily by Diesel claims against Daimler. And increasingly, cases end up in the Federal Supreme Court (Bundesgerichtshof). This had let the court to temporarily create an additional senate, i.e. a bench of five judges. a measure that is taken extremely rarely. It helps distributing the burden more equally across the bench, but does not add capacity, as the number of judges appointed to the Federal Supreme Court does not change. Continue reading

Settling Art Disputes by Alternative Dispute Resolution: Future and Challenges in Germany and Worldwide, 22 September 2021

Featured

The University of Bonn, via its “Forschungsstelle Kunst- und Kulturgutschutzrecht” and the Court of Arbitration for Art are organizing a webinar on alternative dispute resoution in the art world: Continue reading

Art Law: Constitutional Challenges against Cultural Property Protection Act Fail

Almost to the day five years after the Act on the Protection of Cultural Property (Kulturschutzgesetz; KGSG) entered into force, the Federal Constitutional Court (Bundesverfassungsgericht) published a decision which dismissed several constitutional complaints (Verfassungsbeschwerden) challenging various previsions of the Cultural Property Protection Act. The constitutional complaints were brought by art and antiquity dealers and auction houses. They alleged that certain provisions of the Cultural Property Protection Act violated their basic rights (Grundrechte) based on Article 12, which protects the freedom to choose and exercise one’s profession and occupation and on Article 14 Basic Law (Grundgesetz),which guarantees and protects the right to private property. Continue reading

The Month in Retrospect: What Else Happened in April 2021

Some Back and Forth on Brexit and Lugano

On 8 April 2021, I covered the first anniversay of the UK’s application to join the Lugano Convention, and took a fairly pessimistic view as to the prospects of the UK becoming a member state. So I was quite surprised to see a headline in the Financial Times on 12 April 2021 that claimed: “UK set to secure Brussels’ backing for joining legal pact“. The FT’s sources apparently got it wrong, however, and a couple of hours later the FT had to retract its report: “Brussels opposes UK bid to join legal pact, splitting EU states – European Commission says Britain should not be allowed to rejoin Lugano convention.” Other sources such as  Sueddeutsche Zeitung confirm that there had been no change in the EU Commission’s policy – there is no prospect of the UK joining Lugano any time soon. Continue reading