July 2018

Approaching the bench in a courtroom with gavel and judge seat for law and order trial proceedings

Courts must generally comply with their so-called duty to provide information (Section 139 ZPO) before the oral hearing! – BGH ruling from 11.4.2018 (case no. VII ZR 177/17)

July 25, 2018/in Liability law, Nicht kategorisiert/by Daniel Meier-Greve

Unfortunately, it is common practice in civil proceedings for the courts to only issue instructions to the parties during the oral hearing. The BGH dealt with the consequences of this practice in a practice-relevant decision dated 11.4.2018 (case no. VII ZR 177/17).

Rechtsanwalt für Vertragsrecht und Prozessführung – Symbolbild Urteil

On the scope of a so-called “pleading discount

July 6, 2018/in Nicht kategorisiert/by Daniel Meier-Greve

When are submissions in the appeal instance “new”?

Casting doubt on the right of competition associations to file applications!

July 1, 2018/in Commercial law, Liability law, Nicht kategorisiert/by Daniel Meier-Greve

So-called. warning letters (cf. § 8 Para. 3 No. 2 UWG) are causing the economy a lot of trouble. Smaller companies or start-ups in particular often cannot afford to defend themselves.

Businessmen Deal Handshake Agreement Concept

Recent case law of the BGH on the requirements for a quality agreement that has not been expressly made

July 1, 2018/in Commercial law, Liability law/by Daniel Meier-Greve

on the requirements for a quality agreement that has not been expressly concluded

Hand shake at business meeting agreement sales

Warranty exclusion: Liability for merely “conclusively” agreed quality between the parties?

July 1, 2018/in Commercial law, Liability law/by Daniel Meier-Greve

Warranty exclusions are widespread in contract law. As a rule, buyers or clients are also prepared to accept such limitations of the contractual partner’s liability – to varying degrees, of course….