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German Tort Law

German Corporate LawGerman LawGerman Tax LawGerman Tort Law

German Legal Expert Witness Services — CPR Part 35 Compliant

Instruction of Experts on German Law for UK Court Proceedings When English litigation involves cross-border elements, proving German law as a question of fact requires an expert who not only possesses authoritative knowledge of the German legal system but also fully appreciates the rigorous procedural demands of the jurisdiction of England and Wales.   The German law firm Schlun & Elseven (www.SE-Legal.de) specializes in providing Civil Procedure Rules (CPR) Part 35 compliant expert reports on…
Bernhard Schmeilzl
November 2, 2026
Civil actionGerman Tort LawInternational LitigationLitigation in Germany

When do German Courts have Jurisdiction in Cross-Border Civil Proceedings?

International Jurisdiction of German Civil Courts This article deals with the assessment of the jurisdiction of a German civil court in disputes where the parties have not entered into a contractual agreement on the international venue (Gerichtsstandsvereinbarung). The primary source of law governing international jurisdiction within the EU is the Brussels Ia Regulation (EuGVVO). This Regulation governs the jurisdiction of the courts of a Member State where the defendant is domiciled within the territory of…
Bernhard Schmeilzl
September 16, 2026
Criminal LawGerman Tort Law

Driving an e-scooter drunk in Germany results in an EU-wide driving ban

Do not underestimate the risks of driving an e-scooter after a night out German police have absolutely no sense of humour when it comes to e-scooters. Looking at your phone while driving, taking another person with you on the scooter and especially driving while intoxicated has serious consenquences. If you are heavily drunk, i.e. have an alcohol blood level of 1.1 per mille (0.11%) or above, the drivers license is gone and you are facing…
Bernhard Schmeilzl
July 21, 2026
Civil actionCriminal LawGerman LawGerman Tort LawGoing to courtInternational Litigation

Covert Audio Recordings are illegal in Germany

Recording phone or video calls without all-party consent is a criminal offence Journalists from common law jurisdictions are often surprised or even shocked when they learn that any kind of audio recording - whether covert or open - is illegal under German law, unless the speaker who is being recorded addresses "the public", for example makes a political speech. Such an audio recording without all party consent is even a criminal offence in Germany, see…
Bernhard Schmeilzl
February 9, 2024
European ProbateGerman LawGerman Tort LawGoing to courtLitigation in Germany

EU Court: Patients entitled to a full copy of their medical file free of cost

German law which stated that physicians / hospitals can demand reimbursement for costs no longer applicable Right to obtain the full patient records under German law Under German law, every patient is entitled to obtain a full copy of the patient file kept by their physician or the hospital (defined as "the treating party", see section 630g German Civil Code, titled "Inspection of Medical Records". However, this was subject to the patient being willing to…
Bernhard Schmeilzl
February 6, 2024
German LawGerman Real Estate LawGerman Tort Law

German Civil Law Explained

New Article-by-Article Commentary of the German Civil Code English speaking lawyers who deal with German civil law issues on a regular basis can turn to a helpful new resource: The German publishing houses Beck and Nomos have teamed up for this project and have just released a 2,300 page article by article commentary of the first three parts of the German Civil Code (Bürgerliches Gesetzbuch): Book 1: General Part Book 2: Law of Obligations (including…
Bernhard Schmeilzl
January 15, 2021
Civil actionGerman Corporate LawGerman LawGerman Tort Law

Research on German Law

German Law in English Language Obviously, German legal research is easier if you are able to read German. English-language resources are available, but mostly limited to general introductions or very specific special interest topics a German legal scholar has published about in English language. Still, if you are an English speaking lawyer or legal scholar interested in German law in English language, here are some sources you may find helpful: (1) Harvard Law School Library…
Bernhard Schmeilzl
December 30, 2020
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

WHY ARE GERMAN TRIAL LAWYERS SO LAME?

Or are they, really? That's a question I often get asked by U.S. clients who need to sue (or have been sued) in Germany. These American clients have certain expectations with regard to what a good and hard nosed litigation lawyer does. Harvey Specter style shock and awe tactics. The German civil litigation counsel, in their view, does not live up to these Hollywood or Netflix expectations. Well, what creates the impression of a German…
Bernhard Schmeilzl
December 4, 2019
Civil actionCriminal LawGerman Tort LawGoing to courtLitigation in Germany

Medical Malpractice Lawsuits in Germany

How to sue a German Hospital or Physician for Medical Malpractice If you believe that you or a loved one suffered an injury caused by medical negligence (medical mistakes) in Germany, the first step is to stay calm -- as difficult as that may be -- and to try and collect as much factual information as possible without immediately declaring all out war on the medical staff or the hospital. Why? Because once you openly…
Bernhard Schmeilzl
February 20, 2019
Criminal LawGerman Tort LawLitigation in Germany

Witness to a Crime in Germany?

Your Rights and Duties as a Witness to a Crime in Germany In case you have observed a criminal offence in Germany or if -- for whatever reason -- you have knowledge about factual circumstances relevant in connection with a German criminal investigation, you may be approached by the German police or the German public prosecutor (Staatsanwalt) and asked to give a witness statement. Here's what you should know as a (potential) witness in a German…
Bernhard Schmeilzl
January 22, 2019