Entries by Veronika Gaertner

German Federal Constitutional Court on the Service of Statements of Claim in American Class Actions

With order of 14 June 2007 the German Federal Constitutional Court (Bundesverfassungsgericht) decided not to admit constitutional complaints concerning the service of statements of claim in American class actions pursuant to the Hague Service Convention. The facts of the case are as follows: Against the complainant, an automobile manufacturer with its registered office in Germany, […]

Opinion on first Reference for a Preliminary Ruling on Brussels II bis

On 20 September, Advocate General Kokott has delivered her opinion on the first reference for a preliminary ruling on the Brussels II bis Regulation (Regulation 2201/2003/EC) – Applicant C, C-435/06. The background of the case is as follows: Applicant C. has lived with her two minor children and her husband in Sweden. In February 2005, […]

German Reference for a Preliminary Ruling – Delimitation between Brussels I Regulation and Insolvency Regulation

The German Federal Supreme Court (Bundesgerichtshof) has referred with decision of 21 June 2007 (IX ZR 39/06) the following questions to the European Court of Justice for a preliminary ruling: On interpreting Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings and Article 1(2)(b) of Council Regulation (EC) No […]

German Article: Costs of Free Choice of Law from an Economic Perspective

An interesting article written by Giesela Rühl has recently been published in the German legal journal Rabels Zeitschrift (71 RabelsZ 2007, 559 et seq.): “Die Kosten der Rechtswahlfreiheit: Zur Anwendung ausländischen Rechts durch deutsche Gerichte” Here’s the English abstract: Free choice of law has been the focus of the economic analysis of law for several […]

German Annotations on “Color Drack”

Two annotations discussing the judgment given by the European Court of Justice on 3 May 2007 on Article 5 (1) (b) Brussels I Regulation in Color Drack have been published in German legal journals: Stefan Leible/Christian Reinert (both Bayreuth),