Tag Archives: Germany

Germany’s Position on Pre-Trial Discovery Softens!

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.

You read it here first, back in 2013, but at the time with a question mark, and then again in 2014 and 2015. Finally, 2017 is the year it is actually going to happen: Germany is about to change its approach to discovery of documents under the Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters, commonly known as the Hague Evidence Convention. The bill that would remove Germany’s reservation pursuant to Article 23 of the Convention 1 has been introduced into Parliament. It passed the Upper Chamber (Bundesrat) late last year without any objections.
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  1. 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.”

Case of the Day: Schubarth v. Germany

J.S. Bach
A famous son of Thuringia.

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.
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Case of the Day: PATS Aircraft,v. Vedder Munich

Boeing 737

The case of the day is PATS Aircraft, LLC v. Vedder Munich GmbH (D. Del. 2016). PATS had a contract with a customer for modification of a Boeing 737 jet. PATS subcontracted the interior work to Vedder’s predecessor in interest, Loher Raumexklusiv GmbH. The parties ended up in a contract dispute. Vedder brought a declaratory judgment action in Germany, while PATS brought an action for breach of contract and breach of warranty in Delaware. Vedder moved to dismiss for insufficient service of process.
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