Tag Archives: Germany

Case of the Day: In re Frau R

The case of the day, courtesy of Peter Bert of Taylor Wessing, is In re Frau R (German Fed. Constitutional Ct. 2015). Yes, I know that’s not the proper form for citing German cases, but it will have to do. Frau R., a Romanian national, sued a Romanian widow for a share of her dead husband’s estate on the grounds that the widow and her husband had adopted her. The widow denied the adoption, and so Frau R. sought recognition, in Germany, of the Romanian adoption. The lower court that heard the case failed to request the record of the adoption from the Romanian court under Council Regulation (EC) No 1206/2001, the EU regulation on judicial assistance, even though Frau R. had presented a letter from the Romanian authorities indicating that they would be receptive to a request from the German court. On appeal, the Federal Constitutional Court held that the lower court had violated Frau R.’s constitutional right to effective judicial protection.
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Case of the Day: West v. Rieth

ERMC Headquarters
European Regional Medical Center Headquarters. Credit: US Army

The case of the day is West v. Rieth (E.D. La. 2016). The decision doesn’t explain the nature of the case. The plaintiff, Luke T. West, sought leave under FRCP 4(f)(3) to serve process by alternate means on Peggy Cuevas, who, he claimed, was employed by the US Army Regional Health Command Europe in Germany. In particular, he suggested service via the U.S. Attorney’s Office, by certified mail to Cuevas’s employer, or by email.
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