Case of the Week: Up the Anti – Munich Courts Issue Germany’s First Anti-Anti-Suit Injunction in Nokia v. Continental

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OLG München 2The Munich District Court (Landgericht München I) has issued, and the Munich Court of Appeals (Oberlandesgericht München) has confirmed in a judgment dated 12 December 2019 what appears to be Germany’s first anti-anti-suit injunction.

In the time-honoured tradition of German case reporting, the judgment is anonymized. However, read in conjunction with press reports and the reported US cases, it is clear that the injunction was issued for the benefit of Nokia of Finland against German automotive supplier Continental in the context of a patent war around connected cars and fair, reasonable, and non-discriminatory (FRAND) licenses. Continue reading

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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

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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

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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

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