Preventing Precedent: Legislative Action Expected

There is an increasing practice of corporate defendants, mainly from the fincancial services sector, to withdraw their appeal (Revision) before the Federal Supreme Court (Bundesgerichtshof) once it becomes clear that the court will find against them to avoid a judgment that could serve as precedent against them.  As previously reported, this has led lawyers and consumer protection groups to advocate changes to the Code of Civil Procedure (ZPO). The Federal Supreme Court should be able to give judgment even if the underlying litigation has been terminated. Continue reading

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