Thu, 28 Dec 2006
Waiver and Embassy Accounts
CK - Washington. A blanket waiver of sovereign immunity contained in the terms of government bonds marketed commercially does not affect the immunity afforded the government's diplomatic assets in Germany, the German Constitutional Supreme Court in Karlsruhe ruled on December 6, 2006 in the matter 2 BvM 9/03.
After examining American and other laws to discern the general principles of international law on the issue, the court found the inviolability of diplomatic assets paramount. A sovereign may specifically waive its immunity with respect to diplomatic assets, such as an embassy bank account. But a blanket waiver related to non-diplomatic issues does not permit the execution of judgments involving other matters into diplomatic assets.
Such a waiver may be sufficient, however, to subject the sovereign to jurisdiction and general enforcement of judgments. The matter at bar involved bonds issued by Argentina and the attempted enforcement of a Frankfurt, Germany judgment into an Argentine bank account in Berlin.
© German American Law Journal :: Washington USA
CK - Washington. A blanket waiver of sovereign immunity contained in the terms of government bonds marketed commercially does not affect the immunity afforded the government's diplomatic assets in Germany, the German Constitutional Supreme Court in Karlsruhe ruled on December 6, 2006 in the matter 2 BvM 9/03.
After examining American and other laws to discern the general principles of international law on the issue, the court found the inviolability of diplomatic assets paramount. A sovereign may specifically waive its immunity with respect to diplomatic assets, such as an embassy bank account. But a blanket waiver related to non-diplomatic issues does not permit the execution of judgments involving other matters into diplomatic assets.
Such a waiver may be sufficient, however, to subject the sovereign to jurisdiction and general enforcement of judgments. The matter at bar involved bonds issued by Argentina and the attempted enforcement of a Frankfurt, Germany judgment into an Argentine bank account in Berlin.
© German American Law Journal :: Washington USA
Wed, 27 Dec 2006
Adversarial Hearing
CK -Washington. The Federal Supreme Court in Karlsruhe applied the rules of the Human Rights Convention to German criminal procedure in lifting a criminal conviction based on a non-adversarial pre-trial interrogation of a witness.
At the investigative hearing, the examining judge removed the defendant from the hearing room after the witness expressed her displeasure at testifying in his presence. Subsequently, she failed to follow a summons to testify at the trial. Her statements procured at the hearing without confrontation by the defenant or counsel proved determinative for the conviction but was not supported by other evidence.
On November 29, 2006, the Supreme Court decided in the matter 1 StR 493/06 that the conviction violated article 6(1)(1)(3)(d) of the convention as applied to §168c of the German Statute on Criminal Procedure. The court remanded the matter to the Munich District Court for a new trial.
© German American Law Journal :: Washington USA
CK -Washington. The Federal Supreme Court in Karlsruhe applied the rules of the Human Rights Convention to German criminal procedure in lifting a criminal conviction based on a non-adversarial pre-trial interrogation of a witness.
© German American Law Journal :: Washington USA
Wed, 20 Dec 2006
Double Trouble Hits Spammer
KR - Washington. Spam EMails violate various German statutes. Most commonly, a cause of action is based on the Unfair Competition Statute, UWG, of July 3, 2004, BGBl. I, p.1414, as amended on April 19, 2006, BGBl. I, p.866.
On October 25, 2006, the Karlsruhe Court of Appeals decided in the matter of 6 U 35/06 that the unauthorized usage and transmission of spam mails with true or fake addresses containing the name of a service provider not affiliated with the sender after the @ sign also violate the German Trademark Statute (MarkenG) of October 25, 1994, BGBl. I, p. 3082, as last amended on October 31, 2006, BGBl. I, p. 2407.
The defendant, a commercial provider of pornographic websites, promoted his services through @hotmail.com EMails. Plaintiff Microsoft owns internet service Hotmail, which owns a registered European Community trademark pursuant to Article 9 (1)(a) of the Council Regulation (EC) No 40/94 of December 20, 1993 on the Community Trade Mark.
The plaintiff had already prevailed in a prior legal dispute between the parties in this matter based on the UWG. However, the appellate court held that the prior decision does not bar, as res judicata, plaintiff from suing defendant again because the facts and circumstances of the new case based on trademark violations are different. Although the court previously granted injunctive relief concerning the transmission of spam without prior consent of the addressees, it had not considered the trademark issue.
The court held that the unauthorized use of the name Hotmail and the fact that defendant competed with plaintiff in the same market, constitute a violation of trademark rights under the Trademark Statute, MarkenG, the German implementation of the European Regulation. They compete in the same market because the trademark was registered for the purpose of online communication services and internet advertisement. Accordingly, all cause of action is determined by sections 125b no. 2, 14 (6) and 19 of the Trademark Statute.
The decision means that the spammer can be hit with the remedies under both statutes. The unfair competition results in an injunction. The trademark violation forces the spammer to an accounting. Plaintiff can then specify the damages for which the spammer is to compensate it.
© German American Law Journal :: Washington USA
KR - Washington. Spam EMails violate various German statutes. Most commonly, a cause of action is based on the Unfair Competition Statute, UWG, of July 3, 2004, BGBl. I, p.1414, as amended on April 19, 2006, BGBl. I, p.866.
© German American Law Journal :: Washington USA
Wed, 13 Dec 2006
US-German Crime Cooperation
CK - Washington. The German government approved a set of mutual cooperation and legal assistance agreements with the United States in a bill that implements bilateral agreements and E.U. agreements with the United States. The German text includes the agreements as well as explanatory notes and notes verbales.
The subject matter ranges from extradition and judicial assistance under 2003 bilaterals to 2006 supplementary bilaterals on mutual cooperation and extradition and the E.U. agreement with the United States of June 25, 2003. The Berlin Justice Department provides introductory notes in a press release of December 13, 2006.
In extradition matters, the new arrangements are set to improve the protection of data over the prior situation under the 1978 extradition agreement. The update also reinforces the German--and nearly world-wide--position that extradition requests will not be honored in cases where capital punishment may be imposed.
© German American Law Journal :: Washington USA
CK - Washington. The German government approved a set of mutual cooperation and legal assistance agreements with the United States in a bill that implements bilateral agreements and E.U. agreements with the United States. The German text includes the agreements as well as explanatory notes and notes verbales.
© German American Law Journal :: Washington USA
Mon, 11 Dec 2006
Berlin AG on Web 2 plus
CK - Washington. The Berlin attorney general moved to Web 2.0 and now is two steps ahead of it, says its press release of December 11, 2006. The site www.bmj.bund.de--don't forget to enter the archaic www or it won't open--offers content in English, including information such as: You may be able to find more details on individual laws by checking the website of the Federal Ministry whose remit covers the regulated subject matter.
© German American Law Journal :: Washington USA
CK - Washington. The Berlin attorney general moved to Web 2.0 and now is two steps ahead of it, says its press release of December 11, 2006. The site www.bmj.bund.de--don't forget to enter the archaic www or it won't open--offers content in English, including information such as: You may be able to find more details on individual laws by checking the website of the Federal Ministry whose remit covers the regulated subject matter.
© German American Law Journal :: Washington USA
Sat, 09 Dec 2006
Agent Lehmann Censorship
CK - Washington. German law protects the privacy of not so famous persons by limiting the publication of names and pictures in the media. The famous enjoy protection in intimate matters. As a result, the press covers many events involving the not-so-famous by using initials instead of full names. For similar reasons, many media, including blogs, redact names of parties, lawyers, witnesses and judges out of opinions published by courts despite the fact that the proceedings are public and opinons are released Im Namen des Volkes, i.e. in the name of the people.
Another big step toward censorship involves publisher Verlag 8. Mai GmbH, its newspaper junge Welt and a federal counter-terrorism agent known variously as Gerhard L. and
Lehmann. The latter has become famous because of parliamentary investigations, TV appearances, a book and media reports.
On December 7, 2006, the Berlin district court held hearings on two matters, docket numbers 27.0.1139/06 and 27.0.722/06. They concerned the issue of whether or not the paper had incorrectly reported that Gerhard L. had been identified, with a certainty of 90 percent, as secret agent Sam who reportedly interviewed German-Lebanese dual citizen Khaled el Masri at the Salt Pit detention facility in Afghanistan.
Gerhard L., identified in reports as a First Criminal Chief Commissioner, 1. KHK, at the Federal Criminal Agency, Bundeskriminalamt, is said to have asked the court and the press to report his assertion that he is not Sam. Lehmann is thought of by many as a German James Bond.
According to Junge Welt, the court ordered the paper not to report on the hearing, while agreeing with the paper that it had not improperly reported on the identification issue. The court lifted a TRO against the paper but enjoined it from covering the hearing. Junge Welt and other media, including bloggers at the hearing, consider the court's attempt to restrict reports on such hearings a massive attack on the freedom of the press.
The decision raises important issues. Clearly, Lehmann has achieved notoriety. Generally, and under the German rules governing the media and the famous, reports on public matters involving him should remain uncensored. Arguably, a low-level official whose ministerial functions push him into the limelight retains the privacy expectations of a not-famous person.
Lehmann's interaction with the media may have diminished that expectation, however, so that the ruling would appear inappropriate. To the extent there is any truth to published allegations that the court ordered Neue Welt muzzled to protect itself from criticism, the decision seems outrageously wrong.
© German American Law Journal :: Washington USA
CK - Washington. German law protects the privacy of not so famous persons by limiting the publication of names and pictures in the media. The famous enjoy protection in intimate matters. As a result, the press covers many events involving the not-so-famous by using initials instead of full names. For similar reasons, many media, including blogs, redact names of parties, lawyers, witnesses and judges out of opinions published by courts despite the fact that the proceedings are public and opinons are released Im Namen des Volkes, i.e. in the name of the people.
© German American Law Journal :: Washington USA
Thu, 30 Nov 2006
American Firms Pay Premium
CK - Washington. An Azur overview of salaries paid associates in Germany-located law offices points to premiums paid by America-based law firms. The fall 2006 compensation table list both base and maximum salaries.
There are small German firms with better deals but the Azur compilation is limited to larger firms. The German firms on the list may be better able to gauge the local market. The table includes domestic firms with excellent talent and superb attractiveness that pay at the low end of the scale.
Two factors may account for the premiums: Foreign firms don't match the stability of local firms, and their outlook on partnership may appear less comforting.
© German American Law Journal :: Washington USA
CK - Washington. An Azur overview of salaries paid associates in Germany-located law offices points to premiums paid by America-based law firms. The fall 2006 compensation table list both base and maximum salaries.
© German American Law Journal :: Washington USA
Sun, 26 Nov 2006
Germany to Control .Info
CK - Washington. In the past, German courts applied German civil law relating to the protection of names proper, and competition and trademark law, to the .de domain. Thus, a city could insist on the domain city.de--an unfortunate departure from the well-established first come, first served principle.
On September 29, 2006, the federal Supreme Court in Karlsruhe swept .info domains into its jurisdiction. In the matter I ZR 201/03, the court barred the owner of the solingen.info domain from its use, finding an infringement of the city of Solingen's name under §12 of the civil code, Bürgerliches Gesetzbuch.
Fortunately, the court in a dictum distinguished the .de and .info top level domains from both other cTLDs and TLDs such as .biz and .pro which it believes not to cause confusion when used for names involving governmental communities, as the Bahr blog also notes. Berlin, MD seems to have lost out to Berlin, Germany which owns the berlin.info domain. But a few international struggles could arise as a result of this decision. Domain names German law
© German American Law Journal :: Washington USA
CK - Washington. In the past, German courts applied German civil law relating to the protection of names proper, and competition and trademark law, to the .de domain. Thus, a city could insist on the domain city.de--an unfortunate departure from the well-established first come, first served principle.
© German American Law Journal :: Washington USA
Sat, 25 Nov 2006
Abstracts of Book Reviews Legal
CK - Washington. The Frankfurt District Court ruled on November 23, 2006 in the matter 2-03 O 172/06 on the legality of commercially provided abstracts of book reviews under German copyright law. It found in favor of the web publisher of abstracts who based his summaries, including rare verbatim excerpts, on paper-based and web-based material published by a national German newspaper, reportedly Frankfurter Allgemeine Zeitung.
The court noted that the abstracts did not infringe the paper's copyright. Any quotes were so minimal to not even raise to the level of fair use and permitted citations. That is true even where the reader would understand the gist of the published reviews and where key expressions and ideas were conveyed. In addition, the court found the abstracts to increase the likelihood of readers purchasing the paper and web publications. The paper had argued the abstracts would result in fewer purchases of its offerings, both traditional and web-based.
According to defendant Perlentaucher's report, a second complaint by Süddeutsche Zeitung has also been dismissed. The papers may appeal. They continue to charge some illegality in Perlentaucher's business model while others comment that they fail to grasp the promotional value provided the publishers by abstracters. The fronts resemble those in the music and movie fields. German Copyright
© German American Law Journal :: Washington USA
CK - Washington. The Frankfurt District Court ruled on November 23, 2006 in the matter 2-03 O 172/06 on the legality of commercially provided abstracts of book reviews under German copyright law. It found in favor of the web publisher of abstracts who based his summaries, including rare verbatim excerpts, on paper-based and web-based material published by a national German newspaper, reportedly Frankfurter Allgemeine Zeitung.
© German American Law Journal :: Washington USA
Support for Unexpected Child
CK - Washington. Press release number 160/2006 issued by the German Supreme Court in Karlsruhe on November 14, 2006 in the matter LG Waldshut-Tiengen--2 O 70/04 ./.OLG Karlsruhe--13 U 134/04 covers the report on the news today of a ruling holding the physician financially responsible for the support of a child conceived despite an implanted contraceptive, VI ZR 97/04. Germany Child Support
© German American Law Journal :: Washington USA
CK - Washington. Press release number 160/2006 issued by the German Supreme Court in Karlsruhe on November 14, 2006 in the matter LG Waldshut-Tiengen--2 O 70/04 ./.OLG Karlsruhe--13 U 134/04 covers the report on the news today of a ruling holding the physician financially responsible for the support of a child conceived despite an implanted contraceptive, VI ZR 97/04. Germany Child Support
© German American Law Journal :: Washington USA
Fri, 24 Nov 2006
Transfer of Prisoners
CK - Washington. On November 24, 2006, the second chamber in Berlin, Bundesrat, approved a bill to amend two statutes on the transfer of foreign prisoners to their home countries. The amendments facilitate the return of sentenced persons so that they may resocialize in their home environment and to permit the execution of sentences of convicted persons who flee the jurisdiction.
In the latter case, the sentencing jurisdiction would traditionally request the extradition of the criminal. Such a request would often be futile because many countries do not extradite their nationals. They may be inclined, however, to execute the foreign sentence. One of the new rules would assign the execution of a German sentence to the foreign authority, without requiring the consent of the criminal, for its enforcement in the home country.
The German amendments apply the principle of mutual recognition of judgments in criminal matters and implement the Council of Europe's Additional Protocol to the Convention on the Transfer of Sentenced Persons of December 18, 1997. The convention assures the prisoner that the sentence be executed abroad on terms not worse than in Germany. An English discussion of the framework is found in a recent UK parlimentary report. Prisoner Germany Judgment
© German American Law Journal :: Washington USA
CK - Washington. On November 24, 2006, the second chamber in Berlin, Bundesrat, approved a bill to amend two statutes on the transfer of foreign prisoners to their home countries. The amendments facilitate the return of sentenced persons so that they may resocialize in their home environment and to permit the execution of sentences of convicted persons who flee the jurisdiction.
© German American Law Journal :: Washington USA
Fri, 17 Nov 2006
German Blue Laws
CK - Washington. Blue Laws at the state level in Germany evaporate. Long gone are the days when the Sunday dress came with strict closing hours and all you could buy between Saturday noon and Monday morning was Kaffee und Kuchen or a draft beer.
Effective next Tuesday, all of Northrhine-Westphalia will be able to shop till they drop--around the clock, §4 Gesetz zur Regelung der Ladenöffnungszeiten, Statute to Regulate Shop Opening Times, of November 16, 2006.
Update: Berlin is ready, too, Berlin Blawg reports.
© German American Law Journal :: Washington USA
CK - Washington. Blue Laws at the state level in Germany evaporate. Long gone are the days when the Sunday dress came with strict closing hours and all you could buy between Saturday noon and Monday morning was Kaffee und Kuchen or a draft beer.
© German American Law Journal :: Washington USA
Thu, 16 Nov 2006
Single Fax is Illegal Spam
CK - Washington. Spam laws are tough in Germany. A case and desist demand sent in response to an unsolicited fax to a business made it all the way to the Supreme Court in Karlsruhe. On June 1, 2006, the court decided that such a fax is illegal and the business may demand the cessation of such transmissions as well as the reimbursement of legal fees.
Essentially, an unsolicited fax constitutes an illegal intrusion as well as interference in the orderly conduct of business. A single intrustion is sufficient to establish the need to prevent further intrusions.
The fee determination is based on the traditional rules for cease and desist orders in German law. The written decision in the matter I ZR 167/03 has now become available for download.
© German American Law Journal :: Washington USA
CK - Washington. Spam laws are tough in Germany. A case and desist demand sent in response to an unsolicited fax to a business made it all the way to the Supreme Court in Karlsruhe. On June 1, 2006, the court decided that such a fax is illegal and the business may demand the cessation of such transmissions as well as the reimbursement of legal fees.
© German American Law Journal :: Washington USA
Sat, 11 Nov 2006
Cute Female Lawyers Wanted
CK - Washington. A help wanted advertisement by a law firm smartly hightlights issues under the new German non-discrimination statute. The ad starts with a search for exceptionally pretty, dynamic female lawyers, 25 to 35 years of age, with accent-free English and top grades, then asks: How many violations of the law would such an ad contain? If you know the answer, apply with us for a job in the employment division, recommends the firm.
© German American Law Journal :: Washington USA
CK - Washington. A help wanted advertisement by a law firm smartly hightlights issues under the new German non-discrimination statute. The ad starts with a search for exceptionally pretty, dynamic female lawyers, 25 to 35 years of age, with accent-free English and top grades, then asks: How many violations of the law would such an ad contain? If you know the answer, apply with us for a job in the employment division, recommends the firm.
© German American Law Journal :: Washington USA
Sun, 05 Nov 2006
Bloggers' Self Defense
CK - Washington. The business of abusive cease and desist demands in Germany may become less profitable. Occasionally, bloggers report on such demands, organize opposition and refer affected colleagues to experienced counsel.
A new step is a community blog, Abmahnung. In its introduction, it warns that the publication does not render legal advice. Instead, it is structured to collect information on abusive incidents and to aggregate sources of abusive demands.
In particular, it hopes to empower bloggers with few readers to alert the public to abuses of the legal instrument. Under German law, a cease and desist demand may be combined with a demand for attorneys fees. If ignored or opposed, the demand may grow into full-fledged litigation and generate additional legal fees.
Much empirical evidence points to inappropriate demands by lawyers or others who issue serial demands and treat the instrument as a means to generate legal fees. Bloggers see the instrument as a step toward censorship of unflattering content, as has become evident in the Parteibuch blog.
Surprisingly, there is little opposition to the chilling notion that bloggers may be subject to the intrusive identification requirement colloquially known as Impressum which gives abusers, including criminals, easy access to vital personal information of web publishers. Most bloggers publish such information out of fear of cease and desist demands, whether or not they are covered by the statutory requirement.
© German American Law Journal :: Washington USA
CK - Washington. The business of abusive cease and desist demands in Germany may become less profitable. Occasionally, bloggers report on such demands, organize opposition and refer affected colleagues to experienced counsel.
© German American Law Journal :: Washington USA
Sat, 04 Nov 2006
Skull and Bone Shots
CK - Washington. Netzeitung provides an update on the photo scandal involving German troops in Kabul, Afghanistan. The scandal has been the main news topic in Germany for the past 10 days. Nobody understands why soldiers would pose with skulls and bones found in a pit near Camp Warehouse.
On November 4, 2006, a speaker for the umbrella organization for Protestant churches in Germany speculates that society at large may be to fault: Symbols of death have become so pervasive that they may affect the minds of soldiers in stress situations. There may be lack of preparation of the troops: Based on their training, they show respect for religious instutions in the host country. By contrast, they fail in this matter of plain decency for which society should have prepared them.
A speaker for the military noted that the legal issues are complicated. To the extent German law applies, photographs displaying bones of unidentified persons may not necessarily violate criminal code section 168 StGB that outlaws the desecration of the dead. Two soldiers have been suspended and others are under investigation. There are plans to honor the unknown dead with a memorial to be built by Germany in Afghanistan.
© German American Law Journal :: Washington USA
CK - Washington. Netzeitung provides an update on the photo scandal involving German troops in Kabul, Afghanistan. The scandal has been the main news topic in Germany for the past 10 days. Nobody understands why soldiers would pose with skulls and bones found in a pit near Camp Warehouse.
© German American Law Journal :: Washington USA
Stop the Impressum Craze
CK - Washington. The Supreme Court in Karlsruhe displayed common sense when it scrutinized the scope of statutory obligations to publish identifying information on certain web sites. On July 20, 2006, it rebuffed the pixel pickiness of some courts and numerous commentators who had fostered a spirit of collective fear of cease and desist orders in owners of web sites.
German law, like that in some other countries, requires certain commercial web site owners to publish detailed identifying information. Over the past several years, a business developed among a segment of lawyers who descend like sharks on all sorts of sites and claim violations of the law--and substantial legal fees--for the wrong or incomplete placement of owner identification. In 2003, a Munich court even counted the pixels and number of clicks necessary to reach the owner's contact, about or FAQ page.
The Supreme Court put an end to such abuse. In the matter I ZR 228/03, it held that web sites need not be structured so that the visitor would inevitably, in the course of a transaction, come across the identifying information. In addition, the statutory requirement of the remote services statute, Teledienstegesetz, and the BGB-InfoV statute, is met even if the visitor may need to navigate through two links to reach the information, Anbieterkennzeichnung, which is colloquially known as Impressum. The court inserted into its decision a screenshot of the web site at issue.
© German American Law Journal :: Washington USA
CK - Washington. The Supreme Court in Karlsruhe displayed common sense when it scrutinized the scope of statutory obligations to publish identifying information on certain web sites. On July 20, 2006, it rebuffed the pixel pickiness of some courts and numerous commentators who had fostered a spirit of collective fear of cease and desist orders in owners of web sites.
© German American Law Journal :: Washington USA
Tue, 31 Oct 2006
German Sovereignty Lost in 1945?
CK - Washington. Did Germany's surrender in 1945 trigger its loss of sovereign immunity so that Germany may be sued in American courts under the Foreign Sovereign Immunities Act? A German American heir to German tax debts failed to convince the United States District Court for the District of Columbia of this proposition, in the matter Harold William Gutch v. Federal Republic of Germany, case number 05-2338, decided on July 27, 2006. In addition, the court found that neither NATO-SOFA nor other alleged bases fell within the exceptions to the FSIA.
© German American Law Journal :: Washington USA
CK - Washington. Did Germany's surrender in 1945 trigger its loss of sovereign immunity so that Germany may be sued in American courts under the Foreign Sovereign Immunities Act? A German American heir to German tax debts failed to convince the United States District Court for the District of Columbia of this proposition, in the matter Harold William Gutch v. Federal Republic of Germany, case number 05-2338, decided on July 27, 2006. In addition, the court found that neither NATO-SOFA nor other alleged bases fell within the exceptions to the FSIA.
© German American Law Journal :: Washington USA
Thu, 19 Oct 2006
Fees for Spam to Lawyer
CK - Washington. There is some debate in Germany over whether or not lawyers may demand legal fees for the prosecution of their own claims. Generally, matters of minor significance which would not ordinarily require the engagement of an attorney do not trigger an award of legal fees. An October 16, 2006 decision by the Bautzen court examines these rules in the context of spam sent to a law firm.
In the matter 22 C 0492/05, EMail spam reached a law firm which sent a cease and desist demand to the spammer and requested the reimbursement of its statutory legal fees under traditional theories for damages to their business. The spammer refused to pay.
The Bautzen court explained that spam sent to a law firm is particularly damaging because lawyers, possibly more than others, must examine every mailed item. The simply act of sending even a single EMail into the junk pile is fraught with risk.
Therefore, a single spam item may justify immediate defensive action by a lawyer. While drafting a cease and desist demand may not always be the most difficult task, the challenge of researching the underlying facts--such as identifying the true originator or beneficiary of the spam--must be taken into consideration when weighing whether or not the matter requires legal skill and justifies legal fees.
In this instance, the Bautzen court held that the required skill and presented task did warrant a lawyer's expertise and awarded the firm legal fees. These are to be computed on the statutory basis of a value in dispute, assessed here at 5,100 Euros.
© German American Law Journal :: Washington USA
CK - Washington. There is some debate in Germany over whether or not lawyers may demand legal fees for the prosecution of their own claims. Generally, matters of minor significance which would not ordinarily require the engagement of an attorney do not trigger an award of legal fees. An October 16, 2006 decision by the Bautzen court examines these rules in the context of spam sent to a law firm.
© German American Law Journal :: Washington USA
Tue, 17 Oct 2006
Relief for Victims
CK - Washington. South Africa and West Germany did right by the victims of human rights crimes, World Court Judge Thomas Buergenthal indicated in his acceptance speech on October 17, 2006 at the International Law Center of Case Law School in Cleveland. Awarded the 2006 Frederick K. Cox International Law Center International Humanitarian Award for Advancing Global Justice, Buergenthal examined comparative advantages of criminal prosecutions and truth commissions in response to human rights crimes, drawing on empirical information from places as varied as El Salvador and the Balkans. The center holds the video of the instructive, and moving, lecture available for download.
© German American Law Journal :: Washington USA
CK - Washington. South Africa and West Germany did right by the victims of human rights crimes, World Court Judge Thomas Buergenthal indicated in his acceptance speech on October 17, 2006 at the International Law Center of Case Law School in Cleveland. Awarded the 2006 Frederick K. Cox International Law Center International Humanitarian Award for Advancing Global Justice, Buergenthal examined comparative advantages of criminal prosecutions and truth commissions in response to human rights crimes, drawing on empirical information from places as varied as El Salvador and the Balkans. The center holds the video of the instructive, and moving, lecture available for download.
© German American Law Journal :: Washington USA
Tack on German Law Degree
CK - Washington. A German law degree, Magister Iuris, to complement a foreign law degree is available at Göttingen University Law School. Handakte WebLawg links to the source and mentions an application deadline of January 15, 2007.
© German American Law Journal :: Washington USA
CK - Washington. A German law degree, Magister Iuris, to complement a foreign law degree is available at Göttingen University Law School. Handakte WebLawg links to the source and mentions an application deadline of January 15, 2007.
© German American Law Journal :: Washington USA
Sat, 07 Oct 2006
Law Blog Hoax?
CK - Washington. The owner of JurBlog announced on October 7, 2006 the suspension of his legal blog for fear of attacks by Islamic militants. He observed that the action may increase visits to his site. He blamed the statutory requirement of ownership identification for commercial websites and its uncertain application to blogs for endangering his ability to express himself. The article reads somewhat like a satirical piece.
© German American Law Journal :: Washington USA
CK - Washington. The owner of JurBlog announced on October 7, 2006 the suspension of his legal blog for fear of attacks by Islamic militants. He observed that the action may increase visits to his site. He blamed the statutory requirement of ownership identification for commercial websites and its uncertain application to blogs for endangering his ability to express himself. The article reads somewhat like a satirical piece.
© German American Law Journal :: Washington USA
Mon, 02 Oct 2006
Corporate Data Online
CK - Washington. Beginning on January 1, 2007, corporate data from corporate registers will be available online through the central location www.unternehmensregister.de, the Berlin Attorney General announced on September 28, 2006.
In addition, the registration and filing of corporate data with corporate registrars in Germany will transition to electronic formats. Periodical publication requirements will be met electronically, as well, thus obviating the need for publication in newspapers and other print media. These steps implement the E.U directives 2003/58/EG and 2004/109/EG which address issues of corporate governance, transparency and corporate law.
© German American Law Journal :: Washington USA
CK - Washington. Beginning on January 1, 2007, corporate data from corporate registers will be available online through the central location www.unternehmensregister.de, the Berlin Attorney General announced on September 28, 2006.
© German American Law Journal :: Washington USA
Tue, 26 Sep 2006
Translation of Code Withdrawn
EE - Washington. After posting the German Civil Code in English on September 6, 2006 the Department of Justice in Berlin has withdrawn the translation from their website. A notification on the department's website cites flaws in the translation as the reason for its removal.
A number of blogs have commented on the difficulty in translating the German Code due to the style and nature of the language used, as well as the inherent difficulty of translating a piece of law, whose meaning is open to interpretation even in its original language.
Whether or not pulling the translation,
however flawed, was a good idea is up for debate. Clearly, the German government must use caution when releasing an official translation, as such a translation presumably holds the same weight of law as the original code. However, making the translation available, even with flaws, provides an important and useful starting point for non-German speakers to navigate the German code.
© German American Law Journal :: Washington USA
EE - Washington. After posting the German Civil Code in English on September 6, 2006 the Department of Justice in Berlin has withdrawn the translation from their website. A notification on the department's website cites flaws in the translation as the reason for its removal.
© German American Law Journal :: Washington USA
Sun, 24 Sep 2006
Seize and Keep Fruits of Crime
CK - Washington. The federal government enacted legislation to retain seized illicit gains of criminals. Currently, German criminal law provides that victims may claim such gains but if they fail to, the seized assets will eventually return to criminals, unless other asset forfeiture rules apply.
The bill announced by the Berlin Attorney General would entitle the state to retain the seized assets in the event that victims do not step forward.
The enhanced forfeiture rules would also provide victims with a priority claim to such assets, thus disadvantaging other creditors.
The diet, Bundestag, approved the bill on June 29, 2006, and the second chamber, Bundesrat, consented in its 825th session on September 22, 2006. The statute, entitled Gesetz zur Stärkung der Rückgewinnungshilfe und der Vermögensabschöpfung bei Straftaten is set to enter into force in 2007.
© German American Law Journal :: Washington USA
CK - Washington. The federal government enacted legislation to retain seized illicit gains of criminals. Currently, German criminal law provides that victims may claim such gains but if they fail to, the seized assets will eventually return to criminals, unless other asset forfeiture rules apply.
© German American Law Journal :: Washington USA
Sat, 23 Sep 2006
Conference on German American Law
CK - Washington. The association of German American lawyers, Deutsch-Amerikanische Juristen-Vereinigung in Bonn, Germany begins its annual meeting and conference on October 27. Through October 29, 2006, DAJV offers presentations and workshops on issues in legal relations between Germany and the United States, some in German, many in English. The agenda for the Berlin program is available on its website.
© German American Law Journal :: Washington USA
CK - Washington. The association of German American lawyers, Deutsch-Amerikanische Juristen-Vereinigung in Bonn, Germany begins its annual meeting and conference on October 27. Through October 29, 2006, DAJV offers presentations and workshops on issues in legal relations between Germany and the United States, some in German, many in English. The agenda for the Berlin program is available on its website.
© German American Law Journal :: Washington USA
Thu, 21 Sep 2006
Combat Computer Crime
CK - Washington. A bill to combat computer crime is available for download from the Attorney General's office in Berlin. A press release of September 20, 2006 explains that the bill closed the last loopholes for crackers in the German Criminal Code.
I have never seen final solutions in computer law since I began to follow it in the 1970s, although much has been promised, not only in Germany. The new promise has already triggered derisive comments but a detailed analysis of the bill may surprise us. The bill is to align German criminal law with a European Union agreement on computer crime.
© German American Law Journal :: Washington USA
CK - Washington. A bill to combat computer crime is available for download from the Attorney General's office in Berlin. A press release of September 20, 2006 explains that the bill closed the last loopholes for crackers in the German Criminal Code.
© German American Law Journal :: Washington USA
Wed, 20 Sep 2006
Link to General Terms Controls
CK - Washington. A link to the general terms and conditions proposed by a web vendor is sufficient for their incorporation by reference into a contract, the Federal Supreme Court for civil matters in Karlsruhe decided in the matter I ZR 75/03 on June 14, 2006.
© German American Law Journal :: Washington USA
CK - Washington. A link to the general terms and conditions proposed by a web vendor is sufficient for their incorporation by reference into a contract, the Federal Supreme Court for civil matters in Karlsruhe decided in the matter I ZR 75/03 on June 14, 2006.
© German American Law Journal :: Washington USA
Mon, 18 Sep 2006
Code by Lawyers for Lawyers
CK - Washington. Not so fast--the German civil code may be available in a new, government-sponsored English translation but don't rely on it unless you are trained in that aspect of German law.
That's the warning renowned lawyer-translator Margaret Marks of Transblawg offers on September 17, 2006. In that context, she publishes from the introduction to a comparative analysis of laws an excellent overview, in German and English, of the logical structure of the Bürgerliches Gesetzbuch.
The lack of such structure, in particular the factoring out of the general part, Allgemeiner Teil,--similar to structural elements in functions and procedures in programming languages,--bewilders German lawyers in foreign legal systems while foreign lawyers find unexpected traps in the German code. Marks suggests that the translation, like the original statute, requires background knowledge.
© German American Law Journal :: Washington USA
CK - Washington. Not so fast--the German civil code may be available in a new, government-sponsored English translation but don't rely on it unless you are trained in that aspect of German law.
© German American Law Journal :: Washington USA
Thu, 14 Sep 2006
EMail Published, Protected Like Letter
CK - Washington.A Cologne court called the publication of an EMail a violation of personality or privacy rights of the sender. The matter 28 O 178/06, decided on September 9, 2006, involves an EMail from a corporation that the recipient apparently forwarded to a party which published it on the Internet. The court refers to the EMail as an exhibit, without elaborating on it in the decision. Therefore, the exact route of the EMail to the publisher is unclear.
A discussion at the Berlin Blawg turns on whether the decision is a tragic mistake because the court addresses the privacy issue but fails to address the option of a sender to encrypt EMail. The discussion centers on the ability to publish unencrypted EMail because it is not protected like a postal letter. Rather, unencrypted EMail is like a postcard. The discussion does not yet address the expectation of privacy on the part of the sender.
© German American Law Journal :: Washington USA
CK - Washington.
© German American Law Journal :: Washington USA
Thu, 07 Sep 2006
Federal Reform
KS - Münster. In June and July 2006, both houses in Berlin Bundestag and Bundesrat, passed federalism reform legislation with the necessary two-thirds majority.
The reform became effective on September 1, 2006. It is the largest set of amendments to the constitution in the history of the Federal Republic of Germany. The amendments focus on realigning the correlation between the federation and the states concerning legislation and the states' autonomy in administration.
© German American Law Journal :: Washington USA
KS - Münster. In June and July 2006, both houses in Berlin Bundestag and Bundesrat, passed federalism reform legislation with the necessary two-thirds majority.
© German American Law Journal :: Washington USA
Wed, 06 Sep 2006
Key German Statute in English
CK - Washington. As of September 6, 2006, the German Civil Code, Bürgerliches Gesetzbuch, is available in a government-sponsored English translation at www.gesetze-im-internet.de/englisch_bgb. A press release from the Berlin Attorney General's office introduces the code and explains its significance in German law.
The Civil Code is a key statute in Germany that extends beyond contracts, torts, property, family and estate and probate matters into intellectual property, corporate and commercial matters.
© German American Law Journal :: Washington USA
CK - Washington. As of September 6, 2006, the German Civil Code, Bürgerliches Gesetzbuch, is available in a government-sponsored English translation at www.gesetze-im-internet.de/englisch_bgb. A press release from the Berlin Attorney General's office introduces the code and explains its significance in German law.
© German American Law Journal :: Washington USA
Tue, 05 Sep 2006
Bad Luck for Investors
TS - Washington. Since 2004, the prosecutors of Bavaria, the largest state of Germany, have closed several criminal investigations of investment fraud on the basis of the statute of limitations contained within the Bavarian press statute, Art. 14 Bayerisches Pressegesetz, BayPrG.
German prosecutors usually apply the five-year statute of limitations in § 264a of the German criminal code, Strafgesetzbuch. Art. 14 BayPrG provides for a six-months statute of limitations for offenses committed by means of printed works, such as an investment prospectus, without exceptions. The press statutes in other German states exclude all kinds of commercial advertising material from the six-month-term. Munich attorney Ralph Veil calls it a competitive advantage in Bavaria for crooks.
As Börse Online reported in August 2006, the application of Art. 14 BayPrG is highly controversial. Hardly anybody knows why Bavarian prosecutors believe that the state law should trump the federal statute. Now, the Bavarian Attorney General plans to instruct the Bavarian prosecutors to apply the five-year statute of limitations. It also plans to refer a suitable case to the federal criminal supreme court, Bundesgerichtshof, to decide the supremacy issue.
© German American Law Journal :: Washington USA
TS - Washington. Since 2004, the prosecutors of Bavaria, the largest state of Germany, have closed several criminal investigations of investment fraud on the basis of the statute of limitations contained within the Bavarian press statute, Art. 14 Bayerisches Pressegesetz, BayPrG.
© German American Law Journal :: Washington USA
Tue, 29 Aug 2006
Termination of Contracts
TS - Washington. On July 7, 2006, the Bundesgerichtshof, BGH, the German supreme court for civil matters, decided in the matter III ZR 145/05 how to interpret a contract without a termination provision.
The decision concerns an oral agreement between a physician and a hospital about the occupancy of hospital beds. The ruling applies, however, to all kinds of oral or written contracts which fail to provide for their termination.
In such cases, the court must construe the contract and establish a reasonable term for the notice. The parties' interests and the type of contract control the outcome. Considering the long-term business relationship in the contract at issue, the Supreme Court held that six months notice is reasonable.
© German American Law Journal :: Washington USA
TS - Washington. On July 7, 2006, the Bundesgerichtshof, BGH, the German supreme court for civil matters, decided in the matter III ZR 145/05 how to interpret a contract without a termination provision.
© German American Law Journal :: Washington USA
Sun, 27 Aug 2006
BBQ Litigation Avoided
CK - Washington. Security cost the state of Mecklenburg-Vorpommern some $15 million when President Bush recently visited Chancellor Merkel on July 13, 2006.
State President Harald Ringstorff threatened the federal government with litigation to collect the expense for the most expensive barbecue the world has seen. Netzeitung.de reports that the federal government now averted litigation over the responsibility for the cost by suggesting that the state submit an itemized bill to justify a reimbursement.
© German American Law Journal :: Washington USA
CK - Washington. Security cost the state of Mecklenburg-Vorpommern some $15 million when President Bush recently visited Chancellor Merkel on July 13, 2006.
© German American Law Journal :: Washington USA
Sat, 26 Aug 2006
Ticket by Cellphone
CK - Washington. 10 years ago, purchasing items by cellphone became a hot topic with the rise of Nokia smartphones. Now, the technologies involve Java and MMS, and large companies join the fray. The most recent offering is from the main railway company in Germany, Deutsche Bahn AG, which began selling tickets to passengers by transmitting them to their cellphones through the MMS protocol. Since there is no writing requirement in German law for most everyday contracts, the transaction seems simple from a legal perspective.
But there are numerous hidden issues. When does the contract come about? The user needs to register with Bahn, then apply online for a ticket and finally provide payment information. At this point, the passenger's main contractual obligation appears to have been performed. By contrast, Bahn's primary performance obligations appear to begin at this point.
Bahn needs to transmit the ticket to the passenger's cellphone--which the passenger, as a secondary obligation, needs to keep active--and provide transportion. Before Bahn does so, however, it requires the passenger to perform additional secondary obligations: Display the cellphone to the conductor and present an ID or credit card. Otherwise, Bahn reserves the right to step back from its obligation to transport the passenger.
There appear to be a number of potential missteps--an empty battery being one, a retransmission to another cellphone another. Beyond technical missteps, a number of legal mishaps lurk. Presumably, Bahn has learned from the experience of smaller players over the past decade. Yet, Bahn's general terms and conditions ask for a printout--a requirement not currently matched by the capabilities of many cellphones.
© German American Law Journal :: Washington USA
CK - Washington. 10 years ago, purchasing items by cellphone became a hot topic with the rise of Nokia smartphones. Now, the technologies involve Java and MMS, and large companies join the fray. The most recent offering is from the main railway company in Germany, Deutsche Bahn AG, which began selling tickets to passengers by transmitting them to their cellphones through the MMS protocol. Since there is no writing requirement in German law for most everyday contracts, the transaction seems simple from a legal perspective.
© German American Law Journal :: Washington USA
Fri, 25 Aug 2006
Protecting Generic Domains
CK - Washington. The Chain Hoist ruling confirming the protection of generic domain names in German law is now available.
On March 7, 2006, the Dresden appellate court had decided in the matter 14 U 2293/05 that a chain hoist maker may not demand that another party release the kettenzüge.de domain. It found no infringement under trademark law because the generic and descriptive term for chain hoists, Kettenzüge, does not qualify for a trademark.
In addition, the generic use of the domain name does not constitute a violation of competition law. The unavailability of the domain name to a chain host manufacturer operates merely as an indirect disadvantage on the plaintiff's business. Despite the circumstance that the domain owner offered to sell or lease the domain, the court found no cyber-squatting, domainrecht reports.
© German American Law Journal :: Washington USA
CK - Washington. The Chain Hoist ruling confirming the protection of generic domain names in German law is now available.
On March 7, 2006, the Dresden appellate court had decided in the matter 14 U 2293/05 that a chain hoist maker may not demand that another party release the kettenzüge.de domain. It found no infringement under trademark law because the generic and descriptive term for chain hoists, Kettenzüge, does not qualify for a trademark.
© German American Law Journal :: Washington USA
Wed, 23 Aug 2006
Abuse in Hourly Billing
CK - Washington. While lawyers in Germany decry the government's plan to open up legal services to body shops while not at the same time granting domestic relations lawyers the right to open, say, abortion clinics, another important development affecting the economic viability of legal services falls out of attention-grabbing headlines. law blog in Düsseldorf published an informative analysis of a Düsselfdorf appellate ruling of June 8, 2006 in the matter 24 U 196/04.
The court questions hourly billing practices based on 15-minute intervals. A one-minute activity could generate a fee for 15 minutes. A fifteen-fold markup is excessive or abusive, the court reasons. Therefore, such billing methods are improper. The August 21, 2006 article by Elbo Richter wonders whether one minute billing intervals will be in our future and triggers a raft of comments, some insightful, some confused.
© German American Law Journal :: Washington USA
CK - Washington. While lawyers in Germany decry the government's plan to open up legal services to body shops while not at the same time granting domestic relations lawyers the right to open, say, abortion clinics, another important development affecting the economic viability of legal services falls out of attention-grabbing headlines. law blog in Düsseldorf published an informative analysis of a Düsselfdorf appellate ruling of June 8, 2006 in the matter 24 U 196/04.
© German American Law Journal :: Washington USA
Tue, 22 Aug 2006
Body Shops to Provide Legal Services
CK - Washington. One of the examples in the Attorney General's catalogue of legal services to be provided by non-lawyers is the body shop that helps its customers collect from car insurers. The catalogue enumerates various examples of activities to be permitted under a statute to replace the Legal Consultation Statute of 1935, Rechtsberatungsgesetz.
With the overhaul envisaged by the Berlin administration, the future Legal Services Statute, Rechtsdienstleistungsgesetz, the range of professionals and non-professionals offering assistance in legal matters in Germany will broaden significantly.
The Attorney General's announcement is not yet published at the department's web site. There is, however, a correction stating that the press release published August 22, 2006 through the listserver contains the wrong date, considering that the bill will be discussed by the administration only tomorrow.
© German American Law Journal :: Washington USA
CK - Washington. One of the examples in the Attorney General's catalogue of legal services to be provided by non-lawyers is the body shop that helps its customers collect from car insurers. The catalogue enumerates various examples of activities to be permitted under a statute to replace the Legal Consultation Statute of 1935, Rechtsberatungsgesetz.
© German American Law Journal :: Washington USA
Wed, 16 Aug 2006
Dance into Conflict
TS - Washington. On August 11, 2006, the Karlsruhe Court of Appeals decided in the matter 14 U 45/04 that a physician's duty to treat medical records confidentially protects patient identities. The case is also discussed at Recht & Alltag.
The plaintiff participated in a rehabilitation program when one of her co-patients injured her during group dancing therapy. She wanted to sue him for damages but did not know his full name. Therefore, she sought from the the hospital the disclosure of the patient's identity. The appellate court affirmed the lower court's denial of the plaintiff's right to such disclosure.
§203(1)(1) of the German criminal code, Strafgesetzbuch, prevents a physician from disclosing any information received in one's professional capacity. The court held that this section also protects a patient's name and identity. As for the conflicting interests of the two dancers, the physician has to balance them. In this case, the potential defendant's interest in his information being treated confidentially takes precedence over the physician's secondary obligation to help the plaintiff sue another patient for damages.
© German American Law Journal :: Washington USA
TS - Washington. On August 11, 2006, the Karlsruhe Court of Appeals decided in the matter 14 U 45/04 that a physician's duty to treat medical records confidentially protects patient identities. The case is also discussed at Recht & Alltag.
© German American Law Journal :: Washington USA
Fri, 11 Aug 2006
Exposing Plagiarism
CK - Washington. A frequently published author under suspicion of plagiarism may not seek the protection of the courts from probing journalists, the Karlsruhe Court of Appeals decided in the matter 14 U 90/06 on August 4, 2006.
The author had asked the lower court for an injunction barring reporters from contacting personnel at the university research clinic where he worked. The appellate court confirmed the Freiburg im Breisgau court's refusal of an injunction.
The author's privacy interest and constitutional right to the unfettered pursuit of his work and profession must be balanced against the constitutional protections for a free press. The latter include not only reporting but also investigations, the court explained, to the satisfaction of some German bloggers.
© German American Law Journal :: Washington USA
CK - Washington. A frequently published author under suspicion of plagiarism may not seek the protection of the courts from probing journalists, the Karlsruhe Court of Appeals decided in the matter 14 U 90/06 on August 4, 2006.
© German American Law Journal :: Washington USA
Thu, 10 Aug 2006
Impolitical Interest
CK - Washington. An exchange of notes that addresses many points of a future agreement between nations but is silent on certain aspects of the agreement cannot remove the unspoken matter from the realm of justiciable issues under the act of state and related doctrines, the United States Court of Appeals for the Third Circuit held in Eli Gross et al. v. German Foundation Industrial Initiative et al., docket number 04-2744, on August 3, 2006.
The dispute involves the issue of interest payable by German industry on its delayed contribution to the Nazi reparation settlement fund. An exchange of notes had addressed many issues but not the type of interest disputed here. Backfilling the void with an amicus curiae brief from the German government did not help, the court ruled.
The decision represents a defeat for German industry in that the legal peace it sought has become elusive as a result of the failure to properly address every conceivable issue in the exchange of notes before and after the conclusion of the reparations deal. In the event that the government of the United States should address the issue in its future communications with the courts, the new ruling leaves open the door to the issue becoming non-justiciable.
© German American Law Journal :: Washington USA
CK - Washington.
© German American Law Journal :: Washington USA
Fri, 04 Aug 2006
State Liable for Template?
CK - Washington. The German civil code provides consumers with a right of revocation of mail orders. Vendors must properly notify consumers of their eligibility to exercize that right and the procedures therefor. The revocation is subject to time limits expressed in §355 Bürgerliches Gesetzbuch, BGB. The deadline does not begin to run when the vendor's notification does not meet the statutory requirements.
A regulation published by the Berlin Department of Justice, Schedule 2 to §14 BGB-InvoVO, contains a template to help vendors comply with the law. The Berlin Blawg alerts mailorder vendors to a Halle District Court ruling which finds the template to contain so many mistakes that its terms may not be enforced--with the result that the cut-off dates never become effective. As a result, consumers may rescind mailorder transactions long after vendors believed they were off the hook.
Since the government-provided template has long been considered defective and the Halle court sets a precedent for its wholesale invalidation, Berlin Blawg wonders whether vendors may turn to the government for compensation where their reliance on the template caused the unanticipated rescission of consumer contracts long after the expiration of deadlines set in good faith.
© German American Law Journal :: Washington USA
CK - Washington. The German civil code provides consumers with a right of revocation of mail orders. Vendors must properly notify consumers of their eligibility to exercize that right and the procedures therefor. The revocation is subject to time limits expressed in §355 Bürgerliches Gesetzbuch, BGB. The deadline does not begin to run when the vendor's notification does not meet the statutory requirements.
© German American Law Journal :: Washington USA
Mon, 31 Jul 2006
Digital Court Day
CK - Washington. German and French law bloggers will meet inSaarbrücken on September 13 through 15, 2006 where the law school group Free Internet Project meets for the annual digital court day. An invitation with project information is available on the JuraWiki.de site. Law blog authors will be able demo their work at the associated fair.
© German American Law Journal :: Washington USA
CK - Washington. German and French law bloggers will meet in
© German American Law Journal :: Washington USA
Sun, 30 Jul 2006
Sidewalk Off-Counsel Legal
CK - Washington.. On the sidewalk outside an abortion clinic, a religious group offered counseling to patients. Based on evidence of great restraint, the Munich District Court declined to outlaw the action. The groups had not attacked or defamed the physician. Undercover observations by police found no unusual sidewalk behavior for two weeks. With other facts, the court might have decided differently.
The press release site of the Landgericht München does not address the matter but Alltag & Recht has a note, and a protestant news agency offers some detail in a press release on the July 25, 2006 decision.
© German American Law Journal :: Washington USA
CK - Washington.. On the sidewalk outside an abortion clinic, a religious group offered counseling to patients. Based on evidence of great restraint, the Munich District Court declined to outlaw the action. The groups had not attacked or defamed the physician. Undercover observations by police found no unusual sidewalk behavior for two weeks. With other facts, the court might have decided differently.
© German American Law Journal :: Washington USA
Sat, 29 Jul 2006
Police Shoot
CK - Washington. On July 25, 2006, a German policeman used a gun - and that is so remarkable that Lichtenrader NotizenWalfischbucht devotes a blog entry to it. In Washington, the act would seem routine: Called to a domestic quarrel, the policeman confronted a person with knife in hand and walking toward him. Fearing for his life after a refusal to surrender the weapon, the policeman shot the perceived attacker in the leg.
© German American Law Journal :: Washington USA
CK - Washington. On July 25, 2006, a German policeman used a gun - and that is so remarkable that Lichtenrader Notizen
© German American Law Journal :: Washington USA
Thu, 27 Jul 2006
Book not to be Published
CK - Washington. Esra, a book by Maxim Biller, may not be published, the Federal Supreme Court for Civil Matters in Karlsruhe ruled on June 21, 20065 in the matter VI ZR 122/04, as Simon's Blawg notes today. The publication violates the privacy and publication rights of the title character in intimate areas. The court found the publication to impermissibly affect the constitutional rights of Article 2(1) which the court balanced against the freedom of art that is protected by Article 5(3)(1) of the Basic Law. The author recounts an actual personal relationship with the title character in a manner that renders various affected inviduals recognizable, the court observes. It found the book to lack artistic creativity except where it adds untrue defamatory matter that it projects onto the main characters.
Thanks to the update in the comments, we know now that the decison is known as Esra I. A 2006 development is Esra II, involving claims for damages and stimulating renewed debate in Germany about constitutional freedoms for the arts.
© German American Law Journal :: Washington USA
CK - Washington. Esra, a book by Maxim Biller, may not be published, the Federal Supreme Court for Civil Matters in Karlsruhe ruled on June 21, 200
© German American Law Journal :: Washington USA
Tue, 25 Jul 2006
Corporate Governance Code
CK - Washington. On July 25, 2006, the Berlin Department of Justice announced its publication of the revised corporate governance code, Deutscher Corporate Governance Kodex, in the electronic federal register, eBundesanzeiger. The code is not visible there through the search function but it is available today the website of the government commission that developed it. That site displays also prior versions.
© German American Law Journal :: Washington USA
CK - Washington. On July 25, 2006, the Berlin Department of Justice announced its publication of the revised corporate governance code, Deutscher Corporate Governance Kodex, in the electronic federal register, eBundesanzeiger. The code is not visible there through the search function but it is available today the website of the government commission that developed it. That site displays also prior versions.
© German American Law Journal :: Washington USA
Mon, 17 Jul 2006
Law Blogs in Germany VII
CK - Washington. The number of law blogs in Germany has grown so that they represent a variety of styles. In a newer trend, some blogs shout exasperated remarks at the criminal law system or legal services insurers while others attract readers by incorporating the dramatic urgency reminiscent of Bild Zeitung without offering much substance on legal issues.
Among blogs with useful legal information and a proven record of performance, you find Walfischbucht, Lichtenrader Notizen, Recht & Alltag, JurBlog.de, arbeitsrechtblog and Obiter Dictum which today morphed from Saefkens Blog to a new format.
For earlier biased views in this series, click here. JuraBlogs, a reliable metablog engine, maintains a very extensive overview of active German law blogs.
© German American Law Journal :: Washington USA
CK - Washington. The number of law blogs in Germany has grown so that they represent a variety of styles. In a newer trend, some blogs shout exasperated remarks at the criminal law system or legal services insurers while others attract readers by incorporating the dramatic urgency reminiscent of Bild Zeitung without offering much substance on legal issues.
© German American Law Journal :: Washington USA
Sat, 15 Jul 2006
Prayer for Relief: Mobbing
CK - Washington. Mobbing is a popular German term and apparently unrelated to the English word. Search engines point to unsatisfactory personal interaction in the area of employment relations and elsewhere, similar to harassment, bullying, or causing others hurt feelings or a bad hair day. Relief for some such conduct should be sought in a church, drugstore or beer joint, but some perceive mobbing as so hurtful that they seek refuge in the law.
In a current discussion on legal boards, there is general consensus that mobbing does not constitute a defined cause of action. While some lawyers consider mobbing generic actionable conduct for which relief in the form of cease and desist orders may be available, others require that any claim for relief be based on the specific conduct which may, or may not, be actionable under traditional notions of torts and contract. A tort of mobbing or Tatbestand Mobbing is too imprecise to allow for legal relief.
© German American Law Journal :: Washington USA
© German American Law Journal :: Washington USA
Tue, 04 Jul 2006
Manager on Sideline
CK - Washington. A second-level manager won €25,000 in damages from his employer after it sidelined the plaintiff for two years and then assigned him non-managerial duties. The Baden-Württemberg Court of Ap
CK - Washington. A second-level manager won €25,000 in damages from his employer after it sidelined the plaintiff for two years and then assigned him non-managerial duties. The Baden-Württemberg Court of Ap