It is not uncommon for courts to simply remain silent until the first hearing date – in the worst case, years can pass until then. As a result, the parties do not know where they stand for a long time and eagerly await the hearing date, from which they hope to finally learn the court’s point of view. It is often only during the court hearing that judges then issue so-called judicial instructions in accordance with Section 139 (2) and (3) ZPO. This procedure is unlawful!

Our latest article analyzes the BGH ruling of 14.07.2022, which for the first time allows reference to a USB stick in the claim. Find out how this ruling expands the scope of digitalization in civil proceedings and what consequences it has for practice.

Disputes under construction law in particular often concern the due date of remuneration claims, e.g. because acceptance as a prerequisite for payment is questionable. In these cases, it is not uncommon for judgments to be handed down in which a claim is dismissed “as currently unfounded”.

The BGH recently stated in detail that in such cases the res judicata effect of the dismissing judgment also includes the grounds for the judgment, insofar as the other – i.e. the currently not missing – claim requirements have been positively established or affirmed.