Proceso constituyente en Colombia Parte II
Another landmark decision by the German Federal Court of Justice ("BGH") in connection with the COVID 19 pandemic was eagerly awaited. In its ruling of 17 March 2022 - III ZR 79/21, the BGH decided whether the state is liable...more
Lawmakers must amend the German Climate Change Act to protect fundamental rights of future generations. In a ruling announced on April 29, 2021, the German Federal Constitutional Court ("Court") delivered a groundbreaking...more
On July 9, 2021, Germany’s Federal Constitutional Court rejected a pair of applications for a preliminary injunction directed against the German Approval Act on the Agreement on a Unified Patent Court (UPC) (decision of June...more
The German Federal Constitutional Court Orders the German Legislator to Set Clear CO2 Emission Reduction Goals Beyond 2030 - On 29 April 2021, the German Federal Constitutional Court published a groundbreaking order it...more
On March 25, 2021, the Second Senate of the Federal Constitutional Court declared the Law on Rent Restrictions in the Housing Sector in Berlin (MietenWoG Bln) to be incompatible with the German Constitution and therefore null...more
In two recent decisions, the German Federal Constitutional Court declared preliminary injunctions (PIs) unconstitutional if they are granted without hearing or advance notice to the defendant. Case Nos. 1 BvR 1783/17, 1 BvR...more
The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A...more
Introduction - A recent decision by Germany’s Federal Constitutional Court (Bundesverfassungsgericht) (“FCC”) has renewed important questions with respect to legal privilege, its varied conceptual and practical scopes and...more
The concept of legal privilege between a lawyer and his client is not recognised in the same way under German law as it is in common law jurisdictions. In particular, the jurisprudence of the German courts has until now...more
The recent Federal Constitutional Court decision severely limits legal privilege in German criminal investigations, but provides useful guidance to ensure privilege in limited circumstances. German government is called upon...more
On July 11, 2017, the German Federal Constitutional Court in essence rejected actions by certain smaller trade unions against a "tariff unity" law introduced almost exactly two years before. This is a major setback for trade...more
The German Constitutional Court held that a provision of the loss forfeiture rules, in effect from January 1, 2008, through December 31, 2015, is unconstitutional. The provision stipulates a proportional forfeiture of current...more
It was reported on June 12, 2017, that the German Constitutional Court has asked the German Federal President not to ratify the Unified Patent Court Agreement (UPCA) for the time being. The request is the result of a...more