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.

Federal Court of Justice: no official liability on the part of BaFin in the Wirecard case
January 2024

In the so-called Wirecard scandal, the Federal Court of Justice ruled that the Federal Financial Supervisory Authority (BaFin) had not breached its duties to supervise compliance with, among other things, the provisions of the German Securities Trading Act (WpHG), in particular balance sheet control and market abuse monitoring.
(In)accessibility of witnesses abroad and violation of the right to be heard
December 2023

In a ruling dated 21.12.2023, the Federal Court of Justice stated that strict requirements must be applied to the assumption that a witness is unavailable and that a court must generally do everything possible to hear a witness who is resident abroad. If there is a mutual legal assistance treaty with the country in which the witness is located, an attempt must be made to obtain a hearing by means of mutual legal assistance, possibly by video conference. The court must also justify its assumption that the testimony of a witness is only of probative value if it can hear the witness itself. If it fails to do so, the right to be heard of the party who relied on the witness is violated.
Provision of a discount clause by architects as a void legal service
November 2023

According to a recent ruling by the German Federal Court of Justice, an agreement between an architect and his client that the architect will provide a discount clause drafted by him for use in contracts with building contractors is null and void. This is because it violates the Legal Services Act and therefore a legal prohibition. However, the client may be entitled to claim damages due to a breach of duty during contract negotiations.