The Art of Dispute

Germany | Publication | December 2023

Our newsletter provides a brief overview of key case law and recent developments in dispute resolution.

We are happy to answer any questions you may have. For any queries please contact any member of our team, contact details of the team can be found below.

2023 Insights

New type of action redress action for mass proceedings in Germany

With the transposition of the EU Directive on representative actions, a true class action will for the first time be added to Germany’s litigation landscape. The introduction of the “redress action” (“Abhilfeklage”) poses an increased risk to companies of having to go to great lengths to defend themselves against claims by consumer protection associations.

Germany | Publication | November 07, 2023

European Unitary Patent and Unified Patent Court: First experiences and insights

On June 1, 2023, after decades of preparation, the Unified Patent Court Agreement (UPCA) entered into force and the unitary patent (UP) system became a reality. The Unified Patent Court (UPC) and the UP have been available to applicants since then and have already been intensively adopted and tested in the first five months.

Germany | Publication | November 07, 2023

New EU legislation on standard essential patents

The EU Commission has set itself the Herculean task of making the licensing of standard essential patents (SEPs) transparent, predictable and efficient. No other topic has kept patent courts worldwide so busy in the last 10 years with the trend going upwards. Uncertainty is great - both among the countless implementers of SEPs and potential licensors.

Germany | Publication | November 07, 2023

Harmonisation of EU criminal sanctions law: current developments and challenges for companies and their employees

In view of the war in Ukraine, since February 2022, the European Union (EU) has imposed extensive sanctions against Russia (EU sanctions). Although EU sanctions are adopted at EU level, the actual prosecution of violations falls within the responsibility of the member states. As a result, the nature and extent of sanctions enforcement measures can vary considerably across the EU. In order to close existing legal loopholes, the EU is now striving to harmonise EU criminal sanctions law. In connection with an EU-wide harmonisation of the systems for enforcing EU sanctions and prosecuting sanctions violations, however, new challenges and risks are likely to arise for companies and their employees.

Germany | Publication | November 07, 2023

Participation of lawyers in litigation funders

In Germany, lawyers are largely prohibited from offering litigation funding and agreeing on a performance-based fee. Legal tech providers who are not lawyers, on the other hand, give claimants the opportunity to pursue their claims without a cost risk in return for a contingency fee. As a result, lawyers are seeking ways to bypass the prohibition and earn a fee for successfully obtained judgments.

Germany | Publication | November 07, 2023

ESG: Dealing with sustainability risks in the company purchase agreement

Sustainability aspects have become more important in corporate transactions and are seen as key to companies' growth prospects. The correct handling of associated risks in company purchase agreements plays an important role in avoiding legal disputes.

Germany | Publication | November 07, 2023

Certified environmental claims – the draft of the “EU Green Claims Directive”

To achieve the goals of the “European Green Deal”, the EU Commission adopted a proposal for a directive on environmental claims (Green Claims Directive) in March 2023. The primary objective of the directive is to enable consumers to make more informed decisions and take an active role in ecological change. For companies, implementation costs are likely to increase.

Germany | Publication | November 22, 2023

Current case law

International investment protection proceedings under the Energy Charter Treaty between investors and EU states are inadmissible under German civil procedure law. The parties to the arbitration proceedings can appeal to German courts to have the inadmissibility of the arbitration proceedings determined by a court order.

Germany | Publication | November 08, 2023

2022 Insights

“Discovery of documents” in cross-border trials

Germany has modernised its law of evidence and, for the first time, introduced international mutual assistance for requests for document production, better known as "pre-trial discovery of documents".