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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.…

07/29/2021

With the ambitious goal of cutting the average biblical length of trials in Italy by 40%, a new attempt to reform Italian civil procedure is currently being decided (Riforma Cartabia). The ordinary procedure is to be brought into line with German legal practice, in which the statement of claim is to…

07/16/2021

The Italian anti-trust authority had originally imposed a fine of 10,000,000 euros on Facebook for violating data protection regulations. For example, the company was reprimanded for failing to inform users that their data was being used. The FB statement that registration is free of charge for the…

07/01/2021

Just as Google dominates the search engines, Amazon is the king of online sales. The company fills a dual role: It sells its own goods and provides a platform for retailers. The Commission now has reasonable suspicions that Amazon is using merchants' business data for its own business. The…

In order to counteract the almost inevitable increase in civil lawsuits, which lead to a further burden on the judiciary as well as to the detriment of the economy, the Italian legislator has introduced a mandatory mediation procedure for (road) transport contracts. In order to counteract the almost…

In Italy, an attempt at mediation is obligatory before legal action is taken in some areas of law (for example, inheritance matters). However, the creditor of a claim can apply for an order for payment even without an attempt at mediation. The objection may lead to an adversarial procedure which…

01/13/2021

The decision issued on 26.08.2020 by the Court of Appeal in case no. R1840/2019-4 partially rejected the application for registration of the word mark "OKTOBERFEST" appleid by the City of Munich in June 2016, as a European Union trademark (EUTM).

In particular, the City of Munich applied for…

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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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