Facebook Does Speak German: Valid Service of German-language Documents in Ireland

OLG DÜsseldorf - Facebook - picBack in December 2019, the headline to my post on that very topic still had a question mark: “Does Facebook speak German?” I had reported on what appeared to be only the second decision by a German court of appeals (Oberlandesgericht) on the issue whether Facebook Ireland, the legal entity operating Facebook’s German activities, is entitled to refuse service of German-language court documents under Article 8 of the European Service Regulation.* Continue reading

Share and Enjoy

Case of the Week: Does Facebook understand German?

OLG München 2The question whether Facebook understands German came before the Court of Appeals (Oberlandesgericht) München in the context of Article 8 of the European Service Regulation. Pursuant to this provision, the addressee of a document

“may refuse to accept the document to be served at the time of service or by returning the document to the receiving agency within one week if it is not written in, or accompanied by a translation into, either of the following languages: (a) a language which the addressee understands; or (b) the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected.” Continue reading

Share and Enjoy

Case of the Week: To Translate or not to Translate? – Pitfalls under the EU Service Regulation

LaPoste-Briefkasten (1)Until recently, a lawyer issuing proceedings in a German court against a foreign party could, as a matter of principle, assume that she had done everything necessary to suspend the statute of limitations or otherwise comply with an applicable time limit if two requirements were met: First, she had to file the statement of claim (Klageschrift) with the court in good time. Secondly, upon the court’s request the claimant had to immediately pay the advance on court as well as an advance on costs, if any, for a translation for service abroad. If these requirements were met. then service was deemed to have taken place on the date of filing the statement of claim with the court pursuant to Section 167 ZPO (Zivilprozessordnung; Code of Civil Procedure). Continue reading

Share and Enjoy

3rd IBA Litigation Committee Conference on Private International Law – The latest on Brexit, International Commercial Courts and Sanctions, Milan, 24/25 October 2019

IBA MIlanThis year, the IBA Litigation Committee Conference on Private International Law  is being held for the third time, following successful events in 2014 and 2016.

According to a German saying, if an event takes place for the third time, it qualifies as a tradition! The organizers were daring enough to put Brexit on the agenda, so expect some last-minute updates. The conference will look at these topics:

  • Brexit – the impact on jurisdiction and private international law
  • The mushrooming of International Commercial Courts throughout Europe – reasons and perspectives
  • Sanctions – politics, procedures and private international law

Here is the link to the full programme.  I very much look forward to the programme, to  seeing as many of you as possible in person, and to learning about the law, about the city and its culture and about life in general: On one of the previous occasions I learned that the Blue Note jazz club in Milan was founded by a Milanese lawyer, who was not content to simply create one of the better-known Italian law firms…

Share and Enjoy