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

Cologne Court of Appeals: Jurisdiction for Arbitration Matters in North Rhine-Westphalia

Federal states (Bundesländer) with more than one court of appeals (Oberlandesgericht) have the option to assign jurisdiction in arbitral matters to one of these courts pursuant to Section 1062 para. 5 German Code of Civil Procedure (ZPO). The idea is to increase the level of expertise and specialization of the judges. Continue reading

Art Law: Düsseldorf Court Saves Fake Immendorf Painting From Death Row

In October 2012, the Düsseldorf District Court (Landgericht) ordered the destruction of a fake painting by Jörg Immendorf. Its decision was based on a provision in the German Copyright Act (Urhebergesetz), pursuant to which forged works of art can be destroyed on the basis of a court order. This decision has now been set aside by the Court of Appeals (Oberlandesgericht) Düsseldorf.

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Patent Litigation in Germany: Düsseldorf Doubles Appeal Capacity

In its quest for world domination, the Court of Appeals (Oberlandesgericht) Düsseldorf has doubled its dedicated patent litigation capacity. The court has established a second panel (Senat) that will exclusively deal with appeals in patent matters. Continue reading