Der Verbandsstrafenregress im Nachgang an störendes Zuschauerverhalten

2019 ◽  
Author(s):  
Thorsten Nees
Keyword(s):  
Federal Court ◽  
Legal Issues ◽  
Legal Practice ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
The Subject

Football associations taking recourse to imposing penalties is not only an issue that the German Federal Court of Justice, the Bundesgerichtshof, has had to deal with repeatedly, but is also the subject of numerous articles. However, the topic has not yet been sufficiently covered by monographs. This work closes that gap in research by addressing the topic and discussing in detail the legal issues that arise when football associations impose a penalty on a spectator. The author first addresses the offences that cause liability, pointing out the need for more in-depth reflections. He then examines known problem areas (attribution of damage, limiting the value of the compensation for damages, case-by-case partition of damages and the legal practice of association courts). He also focuses on answering the question of whether the possibility of imposing a penalty is affected in cases where the penalty imposed by the football association is based on its own ineffective regulations. Considering previously expressed positions on this issue, the author presents his own solutions to it.

Management Buy-Out, Cash Pooling, Up-Stream Loans and Guarantees in German Group Companies: Old Concepts – New Developments

2004 ◽  
Vol 5 (10) ◽  
pp. 1217-1232
Author(s):  
Jochen Herbst
Keyword(s):  
Limited Liability ◽  
Federal Court ◽  
Legal Issues ◽  
Legal Practice ◽  
New Developments ◽  
Share Capital ◽  
Court Of Justice ◽  
German Company ◽  
Federal Court Of Justice

For more than a century, the cardinal provision ensuring the preservation of the capital reserve in the registered share capital amount in a Gesellschaft mit beschränkter Haftung (GmbH – German company with limited liability) has continued unaltered. This is the payout prohibition contained in § 30 (1) Gesetz betreffend die Gesellschaften mit beschränkter Haftung (GmbHG – German Act on Companies with Limited Liability), which the Bundesgerichtshof (BGH – German Federal Court of Justice) has identified as a “cornerstone of the GmbHG.“ In consideration of the impressive period of applicability and evident resistance of the provision against legislative encroachments, the lay person, for example a managing director of a GmbH as primary addressee of the provision, is now supposed to be able to assume that at least the fundamental legal issues concerning the provision have been sufficiently clarified through jurisprudence and legal practice in the meantime.

Freiheit der Advokatur

2021 ◽  
Author(s):  
Philipp Heinrichs
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Selection Procedure ◽  
Federal Court ◽  
The European Union ◽  
Court Of Justice ◽  
German Constitution ◽  
Federal Court Of Justice ◽  
The Subject

Since the abolishment of singular admission to the higher regional courts in 2000, the judiciary has been asking itself the question whether singular admission to the Federal Court of Justice is compatible with the German Constitution and the laws of the European Union. In particular, the non-transparent selection procedure was and is the trigger of controversial discussions and the subject of legal disputes. The work questions the conformity of singular admission to the Federal Court of Justice with the German Constitution and considers the selection procedure to be without transparency, comprehensibility and rule of law.

scholarly journals The Constitutionality of §89a IIa of the German Criminal Code and the Concept of a Serious Violent Offense Endangering the State: The German Federal Court of Justice Decision of April 6, 2017—3 StR 326/16

2020 ◽  
Vol 21 (4) ◽  
pp. 775-786
Author(s):  
Anne-Sophie Zaunseder ◽  
Michelle Heblik
Keyword(s):  
Federal Court ◽  
Criminal Code ◽  
Legal Issues ◽  
The Past ◽  
Violent Offense ◽  
Court Of Justice ◽  
Short Summary ◽  
Basic Law ◽  
Federal Court Of Justice ◽  
Systematic Structure

AbstractThis Article discusses the constitutionality of the recently implemented § 89a IIa of the German Criminal Code (Strafgesetzbuch—StGB) on the basis of the case 3 StR 326/16 decided by the Federal Court of Justice (BGH) on April 6, 2017. First, this Article introduces § 89a IIa of the StGB with a short summary of the events leading to the present anti-terrorist legislation in Germany and the development of the legislation over the past few decades. Second, the facts of the BGH’s case will be outlined, and an overview of the systematic structure of § 89a I, II No. 1, IIa StGB will be provided. Within this framework, the constitutionality of § 89a IIa StGB will be discussed, focusing on the prerequisite of appropriateness, with special attention paid to the requirement of reasonability and the prerequisite of legal certainty pursuant to Article 103(II) Basic Law (Grundgesetz—GG). Finally, § 89a I, II No. 1, IIa StGB will be applied to the BGH’s case after discussing the contentious legal issues regarding these doctrines. This Article concludes by discussing the BGH’s decision, which deems § 89a IIa StGB to be constitutional.

scholarly journals Developments in German Criminal Law: Speed Merchant or Murderer? The Ku’Damm Road Race Case and the New Criminal Legislation Regulating Illegal Motor Racing

2021 ◽  
Vol 22 (2) ◽  
pp. 288-302
Author(s):  
Khulan Davaanyam ◽  
Franziska Wolff ◽  
Ranya Khalaf
Keyword(s):  
Federal Court ◽  
Criminal Code ◽  
Court Of Justice ◽  
Life Sentence ◽  
Federal Court Of Justice ◽  
Road Race ◽  
The Subject ◽  
German Parliament ◽  
Criminal Legislation ◽  
Motor Racing

AbstractThe Regional Court of Berlin (Landgericht (LG) Berlin) was the first court in Germany to mete out a life sentence for murder—pursuant to § 211 German Criminal Code (StGB)—to two men convicted of killing an uninvolved driver whose car they hit while they were participating in an illegal car race on a public highway. Upon their convictions, the defendants appealed to the German Federal Court of Justice (Bundesgerichtshof; BGH) claiming that they did not intend to kill the person and were thus acting without the necessary mens rea for murder. The question whether or not the case could be qualified as murder, and thus whether or not the existence of a killing with intent had been sufficiently proven by the LG Berlin, was the subject of several appeals and retrials. In its latest decision, the BGH confirmed the murder conviction of one of the defendants, while quashing the other defendant’s conviction and issuing a retrial. This case caused ripples amongst legal scholars as it called for the toughest possible sanctions to be imposed. However, whether the conduct qualifies as murder remains questionable. As a reaction to several similar cases of illegal car races in recent years, the German parliament subsequently passed a new law—§ 315d StGB—proscribing illegal vehicle races, thereby penalizing the participation, organization, or carrying out of an illegal vehicle race. Until that point there had been no provision criminalizing illegal racing.

scholarly journals Legendierte Polizeikontrollen: Judgment from the German Federal Court of Justice (Bundesgerichtshof) of April 26, 2017, 2 StR 247/16

2020 ◽  
Vol 21 (4) ◽  
pp. 756-774
Author(s):  
Dorothee Karbe ◽  
Charlotte Jawurek ◽  
Philipp Sarder
Keyword(s):  
The Netherlands ◽  
Standard Procedure ◽  
Federal Court ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Evidence Gathering ◽  
The Subject

AbstractThe German police stopped and searched a car crossing the border from the Netherlands and thereby detected large quantities of drugs. What sounds like a standard procedure is actually a very controversial case recently heard at the German Federal Court of Justice (Bundesgerichtshof; BGH), dealing with so called legendierte Polizeikontrollen. These are apparently random police checks that are, in reality, well prepared and specifically targeted at the subject of the police check due to ongoing investigations. This case raised the issue of lawful evidence gathering by the police when pursuing both preventive and repressive objectives, as well as the question of the subsequent exploitation in court of the evidence obtained. Addressing issues of the utmost significance, such as the circumvention of the rights of the accused, this BGH judgment was critically reviewed among legal scholars.

Money Laundering and Surveillance of Telecommunication – The Recent Decision of the Bundesgerichtshof (BGH – Federal Court of Justice)

2004 ◽  
Vol 5 (2) ◽  
pp. 123-133 ◽  
Author(s):  
Hans Kudlich ◽  
Florian Melloh
Keyword(s):  
Money Laundering ◽  
Criminal Procedure ◽  
Federal Court ◽  
Court Of Justice ◽  
Procedure Code ◽  
Federal Court Of Justice ◽  
The Subject

The possibility of monitoring telecommunications pursuant to § 100a of the Strafprozeßordnung (StPO – Criminal Procedure Code) existed in Germany for the last 35 years. Nonetheless, the surveillance of telecommunications is still the subject of controversy and dispute; not only in connection with new forms of communications but also with regard to the extent and grounds of application in “normal” cases of telephone surveillance.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

Die Prüfung der Zahlungsunfähigkeit mittels Algorithmen

2022 ◽  
Author(s):  
Thomas C. Fallak
Keyword(s):  
Artificial Intelligence ◽  
Statistical Methods ◽  
Federal Court ◽  
Digital Analysis ◽  
Medium Term ◽  
Insolvency Law ◽  
Accounting Data ◽  
Court Of Justice ◽  
Federal Court Of Justice

Even after various decisions of the German Federal Court of Justice on the concept of illiquidity under insolvency law, the methodology of the test remains unclear. This also applies to the justiciability of business forecasts. The thesis examines whether and within what limits testing for illiquidity can be performed by digital analysis of accounting data. It also describes the extent to which short- and medium-term liquidity planning can be supported by quantitative forecasts. Statistical methods as well as approaches from the field of artificial intelligence are described.

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