What's happening now: News

We are happy to keep you informed about current developments in case law and the latest decisions of the Federal Court of Justice. Here you can read the most important updates from our daily legal practice and rulings at various levels of jurisdiction.

Wiedereinsetzung bei erwartbarem Hinweis des Gerichts auf unwirksamen beA-Versand
September 2025

Ist ein Rechtsmittel unwirksam eingelegt, weil der Schriftsatz nur eine einfache Signatur eines Rechtsanwalts ausweist und ein anderer Rechtsanwalt den Schriftsatz an das Gericht versandt hat, kann im Einzelfall auf Antrag Wiedereinsetzung gewährt werden. Wie der Bundesgerichtshof mit Beschluss vom 20.08.2025 ausführt, darf eine Partei grundsätzlich darauf vertrauen, dass das Gericht ihre Schriftsätze kurzfristig nach dem Eingang zur Kenntnis nimmt und dabei auch offensichtliche formale Mängel entdeckt, wozu Mängel der Signatur bzw. des beA-Versands zählen. Hätte das Gericht bei ordnungsgemäßem Geschäftsgang den Hinweis so rechtzeitig erteilen müssen, dass die Partei die Frist noch hätte wahren können, ist ihr Wiedereinsetzung zu gewähren.
Insolvency contestation: tax payment not gratuitous in cases of "only" doubtful tax liability
August 2025

According to a recent decision by the Federal Court of Justice, the question of whether a payment made by the insolvency debtor in response to a tax assessment constitutes a contestable gratuitous payment does not depend on whether the debtor had significant doubts about the existence of the tax liability. What is required for gratuitousness is that the debtor has established a payment obligation which, from an objective point of view, obviously and without serious doubt deviates from the substantive legal situation. The same applies if the debtor establishes a payment obligation that is manifestly and without serious doubt not owed by filing its own tax return.
No cure for a defective third-party notice by way of uncontested admission
July 2025

The Federal Court of Justice has clarified in a recent decision that defects in the content of a third-party notice cannot be cured by the so-called unrepentant submission of the opposing party. The limitation period for a claim is not suspended by a defective third-party notice, which the opponent can still invoke for the first time in subsequent proceedings.
Classify mixed contracts according to the main focus of the contract - Study place placement
June 2025

In a recent ruling, the Federal Court of Justice decided that mixed contracts, for example for the placement of a study place abroad, are only to be legally assessed according to the contract law in whose area the focus of the contract lies. This is the only way to do justice to the specific nature of the respective contract. A contract for the placement of a study place at a foreign university, which contains elements of service and work contracts, is to be measured against the model of the brokerage contract, for example if there is an unreasonable disadvantage to the consumer due to a general terms and conditions clause.
No economic assessment of the "intrinsic value" of the business assets in the event of a merger of cooperatives
May 2025

In a recent decision, the Second Civil Senate of the Federal Court of Justice dealt with the important question of what is to be regarded as a shareholding within the meaning of Section 85 UmwG. According to this, it is the nominal value of the shareholding. An economic valuation of the "intrinsic value" of the share capital, in which reserves or hidden reserves are included, is omitted.
Federal Court of Justice: Conditions for an unavoidable error of law in the case of a failed capital investment
April 2025

In a new ruling dated March 20, 2025 (III ZR 261/23), which is also significant for the liability of lawyers, the Federal Court of Justice (BGH) dealt with the requirements for an unavoidable error of prohibition in cases in which the defendant provider of a capital investment has its investment model redesigned by a specialist lawyer for banking and capital market law due to criminal investigations. If the legal advice can be considered reliable under the circumstances, it is not generally necessary to obtain a written expert opinion or an assessment from BaFin.
Damages for delay even in the event of assignment of the claim for compensation in lieu of performance - Group debt collection
March 2025

The burden of a liability to a third party is recognized as constituting damage in the civil law sense. It does not matter what the injured party and the third party have agreed on the time of performance and the manner in which the liability is to be fulfilled, as the Federal Court of Justice has now clarified. This also applies if the injured party does not owe the third party any direct payment, but merely assigns the claim for compensation against the injuring party to him. Furthermore, the BGH considers it permissible and expedient to commission a debt collection agency or lawyer in the event of late payment even in simple cases, even in cases of group debt collection.
Negative interest rates on current accounts permissible with transparent regulations
February 2025

On February 4, 2025, the Federal Court of Justice ruled that so-called custody fees or "negative interest" may be permissible for consumer current accounts if they are based on transparent clauses, but not for call money or savings accounts.
Insolvency challenges and state immunity
January 2025

On 16.01.2025, the IX Civil Senate of the Federal Court of Justice referred the question to the European Court of Justice in an insolvency law avoidance case (case no. IX ZR 60/24) against the Polish tax authorities as to whether Art. 6 (1) EU Insolvency Regulation contains an implicit waiver of the principle of state immunity by the EU Member States with regard to the recognition of foreign insolvency proceedings if an insolvency administrator asserts under the applicable insolvency law that legal acts (such as payments) are contestable due to creditor prejudice.
Federal Court of Justice: permissible substitution of the claim in dispute in an objection to a default judgment
December 2024

According to an interesting decision of the Federal Court of Justice in terms of procedural law, it is permissible to only pursue a different claim with the objection after a default judgment has been issued than before. The restriction in appeal proceedings, according to which an appeal is inadmissible if it is not also directed at least against the specific complaint arising from the first instance judgment, therefore does not apply to the objection.