Autor: Vajk Varai-Jeges

EU-Verordnung zu E-Evidence weiter fraglich

Greater criminal-law cooperation between EU Member States is the objective of the E-Evidence proposals. Whether this objective can be achieved, however, remains uncertain. Half a year after the proposal was introduced, the parties involved are still disputing the design of what may become a future EU regulation. The proposal, which concerns the securing of evidence […]

Baden-Württemberg sues VW

Baden-Württemberg is likely to become the first German federal state to file a statement of claim against the VW Group. This is despite the fact that the company manufactures vehicles in that very state, in Neckarsulm. The state government intends to claim damages from the corporate group in court, primarily on the grounds of intentional […]

Regional Court of Augsburg: in the case of a manipulated VW, the full purchase price plus interest must be refunded

The German press has reported another devastating victory. The Regional Court of Augsburg awarded the full purchase price of €29,907.66, plus interest, to a claimant who returned his manipulated VW Golf TDI vehicle. Until now, German courts had generally deducted some form of notional compensation for use up to the time of return. This time, […]

Die neue ungarische Zivilprozessordnung und die Zurückweisung von Klageschriften: Europäische Richter mit sowjetisch-bürokratischer Mentalität?

The new Hungarian Code of Civil Procedure, which entered into force this year, has been making life more difficult for those seeking legal redress for almost a year now through the numerous technical detailed rules it introduced, many of which we consider unnecessary. As a result, initiating litigation in Hungary has become significantly more difficult. […]

Dieselskandal: In Deutschland könnten weitere 26.000 Menschen Klage einreichen

According to information from the German magazine Der Spiegel, Volkswagen expects tens of thousands of new claimants in the form of a collective action in connection with the diesel scandal. According to Volkswagen’s information, 23,800 proceedings had been initiated by September, and judgments had already been handed down in 6,000 cases. We have also reported […]

Die Stufenklage im Vertriebsrecht

I. General remarks on staged actions The staged action under section 254 of the German Code of Civil Procedure (ZPO) is of considerable practical importance in distribution law, particularly in commercial agency law. Typical disputes concern, for example, possible claims of the commercial agent for further commission payments. In order to quantify such claims, certain […]

CJEU: The unfairness of exchange-rate risk must be examined even despite state-mandated conversion into forints

Despite the state-mandated conversion into forints, the national court must examine whether the bank acted unfairly when, in a foreign-currency loan agreement, it shifted the entire exchange-rate risk onto the consumer. For years, we have emphasised that the practice of the Hungarian courts, inspired by the Curia, under which they repeatedly ruled in favour of […]

Zur Erforderlichkeit einer Übersetzung von Schriftstücken bei Zustellungen in der Europäischen Union

Where a judicial or extrajudicial document in a civil or commercial matter is to be transmitted from one EU Member State to another for the purpose of service, the EU Service Regulation applies (“Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member […]

Der Vertrag des Geschäftsführers kann auch mündlich gekündigt werden

According to the Schleswig-Holstein Regional Labour Court (LAG Schleswig-Holstein), unless otherwise provided by contract, the managing director’s employment contract may also be terminated orally. The court dismissed the claim brought by a former managing director seeking payment of further remuneration. According to the judgment, the employment relationship no longer existed at that time. Although no […]

LAG Schleswig-Holstein: Geschäftsführeranstellungsvertrag lässt sich mündlich aufheben

Unless otherwise agreed contractually, the Schleswig-Holstein Regional Labour Court has held that a managing director’s service relationship may also be terminated orally. It dismissed the claim brought by a former managing director who sought continued remuneration. According to the court’s latest judgment, however, the service relationship no longer existed. There was no written termination agreement; […]