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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…


Not all questions of professional law deserve to be decided by the highest courts, especially when they actually arise directly from the law. A German lawyer refused to testify as a witness in a case involving a former client because he referred to his attorney-client privilege. However, the current…


As the Potenza Regional Court ruled in a judgment of 23 December 2020 (716/2020), a lawyer must compensate his counterpart in civil proceedings for the (non-material) damage suffered by the counterpart as a result of insulting statements. In the present case, the defendant's representative had…


As of 1.07.2022, the new rules on service between Member States will enter into force, while EC Regulation No.1393/2007 will be repealed. The aim is to ensure greater efficiency and speed in service by using a special secure and reliable decentralised computer system between the authorities of the…


The new EU Regulation No. 2020/1783 of 25.11.2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters now opens up the possibility for the requesting court to either a) have the requested court conduct the taking of evidence or b) conduct…

The pandemic has greatly promoted the holding of court hearings in the form of video conferencing. In Germany, the corresponding provision (§ 128a ZPO) was amended to the effect that videoconferencing can also be ordered unilaterally by the court without obtaining the mutual consent of the parties.…


A crafty Italian consumer who believed he had a residual claim against a German insurance company that had denied him full compensation for fire damage to his property applied for and obtained a European order for payment (EC Regulation No. 1896/2006) from an Italian court. The lawyer of the German…


An employee insulted a dark-skinned member of the works council with the exclamation "Uga Uga". In Germany, this is a popular exclamation for racists, which is supposed to reflect ape-like sounds. The employee was dismissed, his action for protection against dismissal was not only unsuccessful in…


The question of the readability of judicial decisions has repeatedly been the subject of our newsletter. Translated decisions, especially from the Italian language, always lead to hilarity. We recall the recurring actress from the judgments ("l'attrice"), the inexplicable hole in the judicial…


In Italy, the right to be reinstated after an unfounded dismissal ("tutela reale" of the employment relationship) has been substantially abolished in recent years. In Germany, it is still applicable, whereby a dismissal without social justification does not terminate the employment relationship in…


Latest newsletter

Newsletter 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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