The Art of Anonymous Case-Reporting: Who is Dr O?

I have written about the time-honoured German tradition of anonymous case reporting, and some rather absurd results thereof, on several occasions (see here, for example). In a recent order, the Federal Supreme Court (Bundesgerichtshof) has taken that practice to a completely new level of meaninglessness.

The case involved one of Germany’s household food brands – I am not yet giving away which one – and dealt with the information that had to be displayed on the packaging of a popular cereal. As it is customary for disputes of this nature, the judgment included a picture of the product in question.
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Federal Supreme Court on Court Assistance to Arbitral Tribunals in Taking of Evidence

Anyone summoned by a state court to be heard as a witness is in principle obliged to appear and testify (Section 380, 395 et seq. Code of Civil Procedure ZPO) and the courts can enforce that obligation. Things are different, however, in arbitration: There is no duty to appear before an arbitral tribunal. Continue reading

What Else Happened in November

Robert BoyleThis month, we had three cases of the week: First, we looked at German Brexit-related cases. The second case dealt with the pitfalls that translations can create under the EU Service Regulation and finally, we reported on the U-turn of the Munich Court of Appeals on the right time for the judicial review of arbitrator appointments. And here’s a recap of other recent developments: Continue reading

Case of the Week: Federal Supreme Court Rules on Damages for Violation of Choice of Court Agreement

US District Court Eastern District of VirginiaIn a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not only have a procedural effect, but does also render the violating party liable for monetary damages. (Disclosure: This post is based on the Federal Supreme Court’s press release only, as the full judgment is not yet available. I will provide an update when the judgment comes out.) Continue reading