If the person giving third-party notice does not provide information on an upcoming date for proceedings, the information on the status of the dispute under Section 73 of the German Code of Civil Procedure (Zivilprozessordnung – ZPO) is considered incomplete. The third-party notice thereby neither has the effect of suspending the statute of limitations in terms of material law nor that of procedural intervention. This is what Düsseldorf Higher Regional Court decided in its judgment of 16/05/2024 (2 U 75/23), cf. IBRRS 2024, 2416.
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Our specialist IT lawyers and data protection experts stand out with their legal knowledge in the areas of IT, IP and data protection and their profound technical and operational understanding.
With our many years of experience in projects and in-depth knowledge of the various sectors, we’ll give you comprehensive advice on strategies, business model structuring and the legal requirements on plans to digitalise. We serve such sectors as technology, media and telecom, automotive, healthcare, retail and consumer goods, machinery and equipment, transport and logistics, and the public sector. We advise both private businesses and public entities.
Our range of services includes consulting for software companies and IT systems companies and drafting distribution agreements. We provide the legal implementation of projects to create platforms (e.g. car sharing apps, electric car charging station networks, 3D printing online marketplaces, online shops, platforms for public bodies under the German Online Access Act [OZG]) and national and European research digital transformation projects. This includes comprehensive advice on the legal issues of data protection, e.g. on international data transfer, the implementation of group-wide data protection compliance and setting up appropriate data protection governance structures.
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News & Insights
View more
Court judgment on the suspension of limitations
No suspension of the statute of limitations if third-party notice is incomplete
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3 min read
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07 Nov 2024
Greenwashing?
The BGH rules on advertising using terms like “climate-neutral”
The Federal Court of Justice’s decision on ambiguous terms related to the environment (specifically, the case was about using “climate neutral” in relation to confectionery, but it also applies generally to terms like “carbon-neutral”, “greenhouse gas neutral”, “environmentally friendly”, etc.) set strict standards on environmentally related advertising. Companies must already be clear and unambiguous in their advertising when using terms related to the environment, otherwise they can face cease and desist letters from associations or competitors. They can also receive bad publicity for greenwashing.
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3 min read
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05 Nov 2024
Construction law and insolvency
The Federal Court of Justice (BGH) gives precedence to protecting the creditor
If a construction contract is terminated for an important reason under Section 8(2) of the German Construction Contract Procedures (VOB/B), this is valid and permissible for insolvency law. But creating a set-off situation (payment of work against claims for damages) is detrimental to the creditor and can be contested.
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3 min read
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22 Oct 2024
Our awards
We’re proud of the awards we’ve won. And we’re just as happy that our clients give us top ratings! We’re working hard to keep it that way. And that’s a promise!
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