In a recent decision, the Federal Supreme Court (Bundesgerichtshof) had an opportunity to provide further guidance regarding the obligation of UK claimants to provide security for costs in German proceedings.The Federal Supreme Court and the Federal Patent Court (Bundespatentgericht) had already held in 2021 that corporate claimants have to post security for costs pursuant to Sec. 110 German Code of Civil Procedure (ZPO), as there is no surviving treaty that would fill the gap left by Brexit.
Category Archives: European Union
Hague Judgments Convention: Entry into Force on 1 September 2023
The Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (Judgments Convention) had been open for signature since 2019. Now that it has been ratified by two contracting parties, it will enter into force in one year’ time. Continue reading
EC Commission Tackles Abusive Lawsuits Against Journalists: Procedural Law Impact
On 27 April 2022, the European Commission presented its proposals “to improve the protection of journalists and human rights defenders from abusive litigation.” These proposals are intended to prevent so-called “strategic lawsuits against public participation” or “SLAPP lawsuits”. Continue reading
EU Commission: Survey on the Application of Brussels Ia Regulation
The EU Commission is seeking your input on the practical application of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 12 December 2012 (“Brussels Ia” or “Brussels Recast”). The questionnaire is addressed not only to bar associations and similar professional bodies, but also to individual practitioners.