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German Tort Law

Civil actionCriminal LawGerman LawGerman Tort LawGoing to courtInternational Litigation

Covert Audio Recordings are illegal in Germany

Recording phone or video calls without all-party consent is a criminal offence Journalists from common law jurisdictions are often surprised or even shocked when they learn that any kind of audio recording - whether covert or open - is illegal under German law, unless the speaker who is being recorded addresses "the public", for example makes a political speech. Such an audio recording without all party consent is even a criminal offence in Germany, see…
Bernhard Schmeilzl
February 9, 2024
European ProbateGerman LawGerman Tort LawGoing to courtLitigation in Germany

EU Court: Patients entitled to a full copy of their medical file free of cost

German law which stated that physicians / hospitals can demand reimbursement for costs no longer applicable Right to obtain the full patient records under German law Under German law, every patient is entitled to obtain a full copy of the patient file kept by their physician or the hospital (defined as "the treating party", see section 630g German Civil Code, titled "Inspection of Medical Records". However, this was subject to the patient being willing to…
Bernhard Schmeilzl
February 6, 2024
German LawGerman Real Estate LawGerman Tort Law

German Civil Law Explained

New Article-by-Article Commentary of the German Civil Code English speaking lawyers who deal with German civil law issues on a regular basis can turn to a helpful new resource: The German publishing houses Beck and Nomos have teamed up for this project and have just released a 2,300 page article by article commentary of the first three parts of the German Civil Code (Bürgerliches Gesetzbuch): Book 1: General Part Book 2: Law of Obligations (including…
Bernhard Schmeilzl
January 15, 2021
Civil actionGerman Corporate LawGerman LawGerman Tort Law

Research on German Law

German Law in English Language Obviously, German legal research is easier if you are able to read German. English-language resources are available, but mostly limited to general introductions or very specific special interest topics a German legal scholar has published about in English language. Still, if you are an English speaking lawyer or legal scholar interested in German law in English language, here are some sources you may find helpful: (1) Harvard Law School Library…
Bernhard Schmeilzl
December 30, 2020
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

WHY ARE GERMAN TRIAL LAWYERS SO LAME?

Or are they, really? That's a question I often get asked by U.S. clients who need to sue (or have been sued) in Germany. These American clients have certain expectations with regard to what a good and hard nosed litigation lawyer does. Harvey Specter style shock and awe tactics. The German civil litigation counsel, in their view, does not live up to these Hollywood or Netflix expectations. Well, what creates the impression of a German…
Bernhard Schmeilzl
December 4, 2019
Civil actionCriminal LawGerman Tort LawGoing to courtLitigation in Germany

Medical Malpractice Lawsuits in Germany

How to sue a German Hospital or Physician for Medical Malpractice If you believe that you or a loved one suffered an injury caused by medical negligence (medical mistakes) in Germany, the first step is to stay calm -- as difficult as that may be -- and to try and collect as much factual information as possible without immediately declaring all out war on the medical staff or the hospital. Why? Because once you openly…
Bernhard Schmeilzl
February 20, 2019
Criminal LawGerman Tort LawLitigation in Germany

Witness to a Crime in Germany?

Your Rights and Duties as a Witness to a Crime in Germany In case you have observed a criminal offence in Germany or if -- for whatever reason -- you have knowledge about factual circumstances relevant in connection with a German criminal investigation, you may be approached by the German police or the German public prosecutor (Staatsanwalt) and asked to give a witness statement. Here's what you should know as a (potential) witness in a German…
Bernhard Schmeilzl
January 22, 2019
Criminal LawDebt collectionGerman Tort Law

How to press criminal Charges in Germany

Victim of a Crime in Germany? These are your options: In case you have been hurt in an accident in Germany which was caused by someone else  or if you have been outright assaulted and injured while in Germany, you should immediately think about how to best collect the necessary evidence for a potential legal case later on. In other words: document all the relevant facts, for example by getting the names, addresses and phone…
Bernhard Schmeilzl
January 21, 2019
Business in GermanyCivil actionGerman Corporate LawGerman Tort LawStarting BusinessStarting or Expanding Business

Director’s Duties and Liabilities under German Law

What are the Duties of Directors of German Companies (GmbH) and Corporations (Aktiengesellschaft)? Obviously, pretty much all over the world, company directors and CEO’s have a general duty to be loyal, diligent and conscientious in managing the affairs of their company. This is also the case under German law. Directors and CEOs have to bear in mind what is best for the business and act accordingly. In this regard, German courts do apply an objective…
Bernhard Schmeilzl
June 22, 2018
Civil actionDebt collectionGerman LawGerman Tort LawGoing to courtLitigation in Germany

Litigation Costs in Germany: Basic Principles and an Online Cost Calculator

By German Litigation Expert Bernhard H. Schmeilzl, LL.M. (Leicester), admitted to the Munich Bar and qualified to represent clients in Courts of Law throughout Germany Court fees (Gerichtskosten) in Germany are based on the value of the claim (Streitwert or Gegenstandswert). The same is true for lawyers fees (Anwaltsgebühren) which are regulated by statutory law, the so called Rechtsanwaltsvergütungsgesetz (RVG). We explain the details of German civil litigation procedure including litigation costs in our expert…
Bernhard Schmeilzl
December 8, 2017