
	Where results make sense

Topic: Bundesgerichtshof

Related Topics

Law

Otter Tail County, Minnesota

1305

List of Minnesota county name etymologies

	German Law Cases : Institute of Global Law
		The Bundesgerichtshof quashed the judgment of the Oberlandesgericht in part, and revised the judgment of the Landgericht in part, so that the defendant in the original proceedings was ordered to refrain from fresh publication of the photographs printed in the magazine "Freizeit Revue" with the picture of the complainant.
		The Bundesgerichtshof assumes a violation of §§ 22 and 23 of the KUG if pictures are published which have been taken of the person affected in such a situation secretly or by using surprise tactics.
		For this reason the Bundesgerichtshof did not dispute the prohibition on dissemination of photos from the garden café which are admittedly a subject of the decisions challenged, but not of the constitutional complaint.
	www.ucl.ac.uk /laws/global_law/german-cases/cases_bverg.shtml?15dec1999 (6919 words)

	International Law In Brief - March 18-31, 2000
		The Bundesgerichtshof further rejected the defendants' argument that there was a break in the chain of causation in regard to one death due to the resolution in question being traceable to their predecessors in power.
		Nor did the Bundesgerichtshof accept the defendants' argument that the differences in the concept of causation between the FRG and GDR were different enough to warrant a reversal.
		The Bundesgerichtshof held that the actions of the accused were illegal and unjustified under both GDR border law and the doctrine of State Practice.
	www.asil.org /ilib/ilib0307.htm (2555 words)

	Translated German Cases \| Institute of Global Law, UCL
		If in addition to the substantial damage done to the boat the accident had, by depriving the plaintiff of its use, caused him further damage which could be qualified as economic harm he would have a claim for loss of use (arg.
		In cases concerning the loss of use of a motor car the Bundesgerichtshof has developed certain tests in order to decide whether a harm is economic or not.
		Recognising that the concept of harm is not a purely legal one but rather an economic concept embedded in the law, the Bundesgerichtshof holds that economic harm occurs only where the victim's loss is something which economists would recognise as a detriment; whether or not this is so depends mainly on public opinion (Verkehrsauffassung) [references].
	www.ucl.ac.uk /laws/global_law/german-cases/print_bundes.shtml?15nov1983 (816 words)

	Translated German Cases \| Institute of Global Law, UCL
		The plaintiff was wrong in referring to the practice of the Bundesgerichtshof according to which a person whose right of personality had been injured can in certain circumstances demand pecuniary damages as compensation for his non-pecuniary damage.
		According to a constant practice of the Bundesgerichtshof, maintained until now in the face of attacks by some writers [references], no claims in tort are allowed by the law in force in cases of ‘intrusion of a marriage’ either against the guilty spouse or against the intruding third party.
		It is true that according to the practice of the Bundesgerichtshof, particularly of this Division, a claimant whose general right of personality has been severely infringed may be awarded pecuniary damages for his non-pecuniary loss, provided that additional conditions have been met [references].
	ucl.ac.uk /laws/global_law/german-cases/print_bundes.shtml?22feb1973 (1501 words)

	N° 2002/5
		According to the Bundesgerichtshof, under Paragraph 935 of the Zivilprozessordnung (German Code of Civil Procedure, hereinafter 'the ZPO') an interim measure may be granted if it is feared that a change in the current situation could prevent orsubstantially impede the assertion by a party of his rights.
		The Bundesgerichtshof states that, if those decisions are irreconcilable, the court of the State in which enforcement is sought should nevertheless have the power to disapply Article 27(3) of the Brussels Convention if it considers that, from the point of view of that State, the divergence is not sufficiently significant.
		The Bundesgerichtshof is also uncertain whether, if it were to uphold the order for enforcement, it may, or must, maintain the financial penalty which the Landgericht Koblenz, on the basis of German law, attached to the order of the Tribunale di Bari in case the latter order was not enforced.
	curia.eu.int /common/recdoc/convention/gemdoc2002/html/c8000/8000-u-en.htm (2650 words)

	Bundesgerichtshof - TheBestLinks.com - Germany, TheBestLinks.com:Find or fix a stub, 1950, TheBestLinks.com:Perfect ...
		Bundesgerichtshof, Germany, TheBestLinks.com:Find or fix a stub, 1950...
		The Bundesgerichtshof or BGH (German for federal court) is the highest appeals court in Germany for civil and criminal lawsuits.
		It was established in 1950 and is situated in Karlsruhe.
	www.thebestlinks.com /Bundesgerichtshof.html (108 words)

	German Law Journal - The Use of the Shell of a Limited Liability Company (Site not responding. Last check: 2007-10-21)
		After all, the main argument of the Bundesgerichtshof, that the use of the company's shell is a new economic incorporation", is not convincing.
		On the one hand, the Bundesgerichtshof holds that the capital has to be available in the full amount, when the manager registers the necessary amendments to the articles in the Commercial Register.
		According to the Bundesgerichtshof's decision the foundation of the company is only finalized after the registration of the amendments to the articles.
	www.germanlawjournal.com /print.php?id=268 (1524 words)

	Bundesgerichtshof, Judgment of 7 January 1971
		Decisions of the Federal Court of Justice (Bundesgerichtshof)
		Bundesgerichtshof (Seventh Civil Senate) 7 January 1971, NJW 1971, 609
		On 27 August 1968, the defendant, who was born on 5 September 1950, took a scheduled flight operated by the plaintiff from Munich to Hamburg, after having purchased a ticket for this flight.
	www.iuscomp.org /gla/judgments/bgh/z710107.htm (2540 words)

	Germany 3 November 1999 Supreme Court [translation available]
		The Bundesgerichtshof, on the other hand, had in a 1982 decision already warned against making the requirements for substantiating a lack of conformity overly strict, because otherwise the risk of defective contract performance would be largely assigned to the buyer.
		The Bundesgerichtshof found the complaints sufficient to specify the nature of the lack of conformity and to give the seller an idea thereof so that the seller might then take the necessary steps: It was therefore enough that the buyer name the symptoms and not the actual cause.
		Also against this decision of the Bundesgerichtshof, see Piltz, supra note 13, at 558 ("Supplementary, further time periods (beyond those of the actual time period for notice) for the buyer's decision on how to proceed and for the examination of the goods by experts are not compatible with this concept.").
	www.cisg.law.pace.edu /cases/991103g1.html (4735 words)

	The German Border Guard Cases and International Human Rights
		The Court concluded that a national law which allowed the escape of an unarmed fugitive to be prevented at the cost of the person's life, in contradiction to the Covenant, was null and void and could not be invoked by the defendant.
		Apparently the main concern of the Bundesgerichtshof was not to find the proof of `hard' international law but rather evidence of a common conviction about basic elements of justice which could be considered as forming a `higher law' prevailing over the domestic laws and administrative rules of the GDR.
		In the opinion of the Bundesgerichtshof these principles were not meant to cover the relationship between a state and its citizens, in contrast to interstate relations.
	www.ejil.org /journal/Vol9/No3/art6-02.html (2425 words)

	celex-txt - 62000J0208 -
		According to the Bundesgerichtshof, such a solution leads to legal uncertainty, since it is impossible to segregate clearly the areas of law to be governed by the various legal orders.
		The answer to that question cannot, according to the Bundesgerichtshof, be clearly deduced from the case-law of the Court of Justice.
		However, the Bundesgerichtshof points out that the company had not transferred its seat, since, from its incorporation, its registered office had been in the United Kingdom, whilst its actual centre of administration had been in Denmark.
	europa.eu.int /smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=62000J0208 (4746 words)

	The German Border Guard Cases and International Human Rights
		The Court began by considering the idea underlying the rule of non-retroactivity, namely, that a person should be protected in his or her legitimate expectation that his or her activities could only be prosecuted as criminal offences if this was provided for by law at the time the activities occurred.
		Maybe it silently shared the opinion of the Bundesgerichtshof, which had argued that Article 15 Section 2 of the Covenant was irrelevant because in the domestic sphere the constitutional guarantees of human rights (the nullum crimen principle in Article 102 Section 2 Grundgesetz) ranked higher and thus had priority over the rules of international law.
		This argument is not convincing because it is established in the case law of the Bundesverfassungsgericht that constitutional provisions should be interpreted in the light of the human rights treaties to which Germany is a party.
	www.ejil.org /journal/Vol9/No3/art6-03.html (1223 words)

	Conclusions
		In this case the Bundesgerichtshof (Federal Court of Justice) has referred a question on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, (2) hereinafter referred to as 'the Directive'.
		In particular, the Bundesgerichtshof asks whether a specific contractual term at issue in the main proceedings is to be regarded as being unfair within the meaning of Article 3(1) of the Directive.
		The claimant appealed from the judgment of the Oberlandesgericht to the Bundesgerichtshof.
	curia.eu.int /jurisp/cgi-bin/gettext.pl?lang=en&num=79969074C19020237&doc=T&ouvert=T&seance=CONCL (1926 words)

	American Law and German Law
		The lower court sentenced him to 10 months of imprisonment for offending the memory of the deceased, but found that the German laws on Nazi propaganda could not be applied to electronic publications on the internet because the web server on which the publications were accessible was located in Australia.
		The Bundesgerichtshof overturned the decision by applying paragraph 9, section 1 of the German Criminal Code concerning the locus delicti, which states that the places where the consequences of a criminal act have taken effect are also considered to be part of the locus delicti.
		From this, the Court concluded that although the publications concerned were placed on a foreign web server by a foreigner, the criminal act of inciting the public had nevertheless consequences in Germany, since the publications and their contents were available to the German public.
	www.amlaw.us /scheirs0.shtml (501 words)

	Federal Court of Justice of Germany - Wikipedia, the free encyclopedia (Site not responding. Last check: 2007-10-21)
		The Bundesgerichtshof or BGH (German for federal court) is the highest appeals court in Germany for cases of civil and criminal law.
		The Bundesgerichtshof was established in 1950 and is situated in Karlsruhe.
		This page was last modified 19:46, 10 July 2005.
	en.wikipedia.org /wiki/Bundesgerichtshof (98 words)

	B (Site not responding. Last check: 2007-10-21)
		Decision of Bundesgerichtshof of Oct. 4, 1990, 1991 IIC 723
		Decision of Bundesgerichtshof of Oct. 4, 1990, 1991 IIC 723 - "Betriebssystem"
		The Bundesgerichtshof has indicated that it is willing to lower the standards of originality.
	fgr.wu-wien.ac.at /institut/PR/Informationsrecht/Rechtsinformationen/CLectures/part2.htm (1792 words)

	Thank you, Bundesgerichtshof by Heiko Hebig \| hebig.com
		The German Bundesgerichtshof (federal court) ruled that deep linking is an acceptable practice.
		July 2003 at 07:51 PM The German Bundesgerichtshof (federal court) ruled that deep linking is an acceptable practice.
		In other words: if you don't want people deep-linking your content on the Net, then you have to apply technical rather than legal matters to prevent them from doing so.
	www.hebig.com /archives/001228.shtml (189 words)

	Trial Watch - Nikola Jorgic (Site not responding. Last check: 2007-10-21)
		Jorgic’s appeal was rejected on 30 April 1999 by the Bundesgerichtshof (case no. 3 StR 215/98), and the life sentence for genocide was confirmed.
		For legal reasons, the Bundesgerichtshof considered, instead of 11 counts, only one count of genocide in coincidence with the murder of 30 persons, but also handed down a life sentence.
		The Bundesgerichtshof also stated that genocide, according to the genocide convention of November 9, 1948 (which Germany has ratified), was a crime that could legaly be prosecuted by all states.
	www.trial-ch.org /trialwatch/profiles/en/legalprocedures/p283.html (338 words)

	Personality Database
		The Bundesgerichtshof as supreme court in civil matters granted it, holding that Art.
		However, the Bundesgerichtshof does not consider that section applicable if the use of the portrait is for “advertising or commercial purposes only”.
		The Bundesgerichtshof upheld the approach developed in the Fuchsberger case: the concept of unjustified enrichment, as expressed in §812 German Civil Code, entitles the owner of personality rights to claims against commercialisation without a licence.
	www.law.ed.ac.uk /ahrb/personality/gercases.asp (5583 words)

	DENIC eG - Press Releases (Print Version)
		Bundesgerichtshof decides in favour of the.de registry in the "kurt-biedenkopf.de" case
		The former minister-president of the German federal state of Saxony, Kurt Biedenkopf, has lost his case before the German Supreme Court (the "Bundesgerichtshof").
		In its judgement, for which the written reasoning has not yet been made public, the German Supreme Court has definitively turned down Biedenkopf's request, following the line it had already established in its "ambiente.de" judgement.
	www.denic.de /en_1/denic/presse/press_54.html (206 words)

	JUDGMENT OF THE COURT 05-03-1996
		However, as the Bundesgerichtshof points out, in the case of the BStG the task assumed by the national legislature concerns only the public at large and is not directed towards any particular person or class of persons who could be regarded as "third parties" within the meaning of the provisions mentioned above.
		75 By its third question, the Bundesgerichtshof essentially seeks to establish whether, pursuant to the national legislation which it applies, the national court is entitled to make reparation conditional upon the existence of fault (whether intentional or negligent) on the part of the organ of the State to which the infringement is attributable.
		91 By this question, the Bundesgerichtshof asks whether the damage for which reparation may be awarded extends to harm sustained before a judgment is delivered by the Court finding that an infringement has been committed.
	www.eel.nl /cases/HvJEG/693j0046.htm (5786 words)

	International Trademark Association (Site not responding. Last check: 2007-10-21)
		In the cases at issue, which were references to the ECJ by the German Bundesgerichtshof, the three-dimensional trademarks in question were a certain forklift, a pocket lamp/torch and a particular wristwatch.
		The Bundesgerichtshof is expected to rule on these matters shortly.
		The consensus was that it is not entirely clear how the Bundesgerichtshof will decide these cases based on the decision by the ECJ.
	www.inta.org /membersonly/bulletin/A.asp?I=99&S=59 (979 words)

	Wired News: German Hate Law: No Denying It (Site not responding. Last check: 2007-10-21)
		The court, called the Bundesgerichtshof, issued a ruling on Tuesday that overturned a lower court ruling, and found that German law applies even to foreigners who post content on the Web in other countries -- so long as that content can be accessed by people inside of Germany.
		He said he will contact Germany's highest court on Monday morning and invite someone from the court for a debate before Germany's legislature on the ruling - and how it should be applied in the future.
		"The court decision of the Bundesgerichtshof seems to be the worst Internet-dependent court decision so far," he said.
	www.wired.com /news/print/0,1294,40669,00.html (1329 words)

	N° 2000/4
		On application by Mr Bamberski, the President of a civil chamber of the Landgericht (Regional Court) Kempten (Germany), which had jurisdiction ratione loci, declared the judgment of 13 March 1995 to be enforceable in Germany.
		Following dismissal by the Oberlandesgericht (Higher Regional Court) of the appeal which he had lodged against that decision, Mr Krombach brought an appeal on a point of law ('Rechtsbeschwerde) before the Bundesgerichtshof in which he submitted that he had been unable effectively to defend himself against the judgment given against him by the French court.
		Since these proceedings are, for the parties to the main proceedings, a step in the proceedings pending before the national court, the decision on costs is a matter for that court.
	www.jura.uni-sb.de /convention-bruxelles/gemdoc2000/html/c798/798-u-en.htm (2010 words)

	www.prinzlaw.com - Focused on Solutions
		The five year old plaintiff has brought action, represented by her parents, the Prince and the Princess of Hanover, with respect to several paparazzi pictures that where published in two publications of the German publishing group Gong Verlag after her birth.
		The Federal Court of Appeal (Bundesgerichtshof) has decided today three cases in favor of Charlotte Casiraghi, the daughter of Princess Caroline of Hanover.
		The Court holds that it is illegal to publish pictures that show Charlotte Casiraghi during a horse back riding tournament in connection with an article that does not cover the sports event, but only focuses on her private life.
	www.prinzlaw.com /actual_news2.htm (1265 words)

	Germany 8 March 1995 Supreme Court [translation available]
		Since such regulations, whether they stem from public law, ideological convictions, or traditional rules of conduct, can differ from country to country (and often greatly differ), the principle point to be decided was whether the public law regulations of the seller's place of business or the buyer's place of business controlled.
		The Bundesgerichtshof decided for the seller's place of business and brought to bear an impressive list of authorities for its position.
		Certainly, the Bundesgerichtshof's decision is important not only for the application and interpretation of the CISG, but also for cases to be decided under the BGB/HGB, and soon, under the provisions for consumer sales.
	www.cisg.law.pace.edu /cisg/wais/db/cases2/950308g3.html (5151 words)

	OAMI-ONLINE - CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES (Site not responding. Last check: 2007-10-21)
		The court considered that in the circumstances of the case that condition was not satisfied.
		Those factors include, inter alia, their nature, their end users and their method of use and whether they are in competition with each other or are complementary.
		In the second part of the question the Bundesgerichtshof asks in substance whether there can be a likelihood of confusion within the meaning of Article 4(1)(b) of the Directive where the public perception is that the goods or services have different places of origin ('Herkunftsstätten').
	oami.eu.int /EN/office/diff/textes/juris.htm (1427 words)

Try your search on: Qwika (all wikis)