Peter Bert, of Taylor Wessig, with important developments from Germany on execution of requests under Article 23 of the Hague Evidence Convention. This is cross-posted at his blog, Dispute Resolution in Germany.
Article 23 reads: “A Contracting State may at the time of signature, ratification or accession declare that it will not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents is known in common law countries.” ↩
The case of the day is Schubarth v. Federal Republic of Germany (D.D.C. 2016). The plaintiff, Mady Marieluise Schubarth, inherited 500 acres of land in Thuringia, Germany. She alleged that the land was expropriated by the East German government in 1945. After reunification, she applied to the Thuringia government for restitution, but she was dissatisfied with the award. In 1995, she applied for additional compensation under German law, claiming that under the treaty of friendship, commerce, and navigation between the United States and Germany (she was a US citizen), she was entitled to the fair market value of the land at the time of the expropriation. In 2014—nineteen years later!—the Thuringia government awarded her approximately € 35,000 in compensation, which she asserted was still not nearly enough. She sued in Washington. Continue reading Case of the Day: Schubarth v. Germany→