The judgment of the Federal Supreme Court (Bundesgerichtshof) in the “Lost Art” database case so far has attracted attention primarily because of its significance for art and restitution law. However, it has something to offer not only in terms of substantive law (more on this will be forthcoming shortly), but also in terms of procedural law: In the judgment published yesterday, the court also considered the question of international jurisdiction based on the failure of a defendant domiciled outside a Member State of the European Union to object to the jurisdiction of the German courts. Continue reading
This is a post for conflicts of laws nerds and lovers of legal policy – a lesson in symbolic politics and disregard for private international law expertise. And it takes me back to my days as a student assistant to Professor Schurig at Passau University where I learned the tools of the trade..
Following a referral by the Federal Supreme Court (Bundesgerichtshof), the Federal Constitutional Court (Bundesverfassungsgericht) has overturned the Law to Fight Child Marriages (Gesetz zur Bekämpfung von Kinderehe). Continue reading
In an M&A contract, the parties consider agreeing on the jurisdiction of the German courts. The corporate guys get in touch: “Isn’t there this M&A chamber at the Frankfurt District Court, where they conduct proceedings in English…?”
Last week, the Federal Ministry of Justice published a draft bill which aims at making video hearings standard practice. The scope of Section 128a Code of Civil Procedure (ZPO) will be expanded; the provision will supplemented by a new Section 284 para. 2 ZPO dealing with the taking of evidence by video. Continue reading