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Last deadline 21.2.2022

The Higher Regional Court of Braunschweig has set a date for the oral proceedings in the case Verbraucherzentrale Südtirol v. Volkswagen AG for 22.2.2022. Italian claimants thus have a final deadline of 21.2.2022 to file their claims. Further information can be requested…

01/07/2022
j.kloetzing@dolce.de

In Italy there is a new civil procedure, in Germany a new government. The President of the (Federal) Republic will also soon be newly elected in both countries.

Contrary to popular opinion, the German Federal President does not only have a representative function. He is obliged to examine the…

12/22/2021

In our next client letter we will hopefully report in detail on the reform of Italian civil procedure, which has already been passed by the Senate on 21 September 2021 and will be heard by the Camera on 22 November 2021, the day our client letter will go to print. To the extent that the Camera will…

12/13/2021

In a circular dated 13.10.2021, the Italian Minister of Justice introduced the obligation to present a Green Pass for all judicial employees, judges and prosecutors. Those who cannot produce one are considered to be absent without excuse. Disciplinary proceedings are also to be initiated against…

12/06/2021

The Italian coffee break is 5 minutes. A detailed description is provided by Edoardo De Filippo in "Questi Fantasmi" (https://www.youtube.com/ watch?v=YllQLj0h6mo), which, however, deals mostly with the making of the café and the domestic coffee break. The office coffee break is also part of the…

11/29/2021

Germany - The Cologne Court of Appeal (judgment 22.04.2021, 24 U 77/20) found that English succession law was incompatible with the German public order insofar as it did not provide for the rights of compulsory portion of estate, and upheld the claim of the son of a British citizen who had been…

1. On 1 September 2021 the CJEU by order (C-387/20) considered as inadmissible the reference for a preliminary ruling by a Polish notary's assistant on the interpretation of the European Succession Regulation, due to lack of standing as it considered that he did not have, in the present case, the…

According to a decree of the Minister of Justice of 13.1.2021, it will be possible for Italian colleagues to file certain pleadings in criminal proceedings online, which previously could only be validly prepared in writing. These include the criminal complaint, the criminal complaint, the complaint…

11/05/2021

German lawyers must keep their client files for six years according to the relevant professional law provision § 50 para. 1 sentence 2 BRAO. The period begins with the end of the calendar year in which the mandate ended. However, the regular limitation period in Germany is only 3 years. A colleague…

10/29/2021

A new kind of stalking was developed by an Italian colleague who had 104 complaints served on 4 people he obviously did not like within a year. The colleague objected that there were only 39 complaints, not 104, and that the rest were appeals filed. As the complaints were completely unfounded, the…

10/26/2021

Latest newsletter

Mandantenbrief 51

At the last minute, we are able to report that the major Italian civil procedure reform was passed by the Chamber of Deputies on 25 November 2021. In part, the German civil procedure was the inspiration (see below, News from Italy). In part, there are many innovative approaches that are intended to relieve the judiciary and could also be a model for Germany, such as mandatory out-of-court mediation in many areas of law. The primary goal is to significantly reduce the duration of litigation. In Italy, a civil case took 7.3 years (2656 days) in 2018; the ministry hopes for a reduction of about 40%; it would then still be 1593 days for a civil case.

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Newsletter 50

Difficult, difficult! When the First Client Letter appeared, the world seemed healthier and the judiciary more peaceful. Today, the world is heated and the judiciary is bursting at the seams: both in Germany (Federal Constitutional Court) and in the Netherlands (Hague District Court), the executive is being ordered to act. Not a very good sign when we lawyers (!) have to save the world. But whatever happens, we are ready...

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Newsletter 49

The ambitious goal of this issue was to not even mention Corona or Covid19 . We didn't quite make it, as some areas of law - such as insurance law or family law - are currently dominated by C19 . The pandemic will soon be overcome, what is questionable are the late effects. We fear a world in which everything takes place on the couch. The Amazon boom will possibly further lead to the desolation of cities.... But we are optimistic. At the end of the pandemic, all the people will come out onto the streets, populate the cities, and shop for real again instead of online. That's the way it should be!

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Newsletter 48

Frederick the Great would have liked legal Tech (see Information for Colleagues, p.6). He was suspicious of any judicial discretionary decision. In his code of laws with over 29,000 paragraphs, everything was to be conclusively regulated and derived directly from the law. With such a database, every case would have to be solved automatically. Covid 19, for example, shows that something completely new can arise that could not be regulated beforehand. It is not the pandemic itself that is new, but the positive reaction of the state. In the past, as recently as the last 1950s with Asian flu, people just died, most of them at home. So let's be glad to live in our age and creatively tackle the legal problems that arise with genuine common sense (human tech)!

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Newsletter 47

This year there was 70 years of the Basic Law to celebrate. Article 1 reads, "Human dignity is inviolable." This provision is very topical in the age of the Internet, both in Italy and in Germany. A regional court in Berlin has ruled that it is a sign of freedom of expression for a deserving politician to be subjected to the very worst insults imaginable for a woman. At the same time, the former Italian interior minister is anything but restrained in his choice of words when he seeks adjectives for the current members of the government. In the movies of the fifties of the last century, children's ears were covered during such cannonades. A certain nostalgia is spreading among the editorial team members of the client letter, who are no longer dewy-eyed.

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