„Ich kämpfe für Ihr gutes Recht.”

English Postings

1) According to the German Civil Code (BGB) horses, cars or flowers are sold under equal legal conditions. Although the sales law of the most European countries has been harmonized by the EU, there are still some differences from country to country as for the statutory rules and rights of a buyer. If you want to learn more about German Sales Law please read here (PDF Dokument)

2) On July 19th, 2012 the European Court (case C 154/11) has decided about the competent jurisdiction in labour law as follows:

1. Article 18(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an embassy of a third State situated in a Member State is an ‘establishment’ within the meaning of that provision, in a dispute concerning a contract of employment concluded by the embassy on behalf of the sending State, where the functions carried out by the employee do not fall within the exercise of public powers. It is for the national court seised to determine the precise nature of the functions carried out by the employee.

2. Article 21(2) of Regulation No 44/2001 must be interpreted as meaning that an agreement on jurisdiction concluded before a dispute arises falls within that provision in so far as it gives the employee the possibility of bringing proceedings, not only before the courts ordinarily having jurisdiction under the special rules in Articles 18 and 19 of that regulation, but also before other courts, which may include courts outside the European Union.

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