The German Federal Court (BGH) on parental responsibility and the recognition and enforcement of provisional measures

BGH, Beschluss vom 09.02.2011, XII ZB 182/08

The appellant is the mother of two children born in Spain, while the respondent is her former partner, who still lives in Spain. Upon separation, the appellant intended to take both children to Germany. To this end, the parties concluded a notarised agreement under which the appellant was allowed to return to Germany with the children. After she moved to Germany with one of the children, the respondent brought provisional proceedings concerning custody rights in Spain. The court ordered the appellant in a judgment to return the child to the respondent. The respondent sought a declaration of enforceability of the judgment in Germany. The Amtsgericht of Stuttgart (DE) and the Oberlandesgericht of Stuttgart (DE) held in favour of its enforceability. The appellant lodged an appeal on a point of law to the BGH (DE).

(more…)

...

The German Federal Court (BGH) on balancing of IP and copyright against the freedom of the press and freedom of expression

BGH, Urteil vom 14.10.2010, I ZR 191/08

The present case concerns the balancing of IP and Copyright against the freedom of the press and freedom of expression. The German Federal Court (Bundesgerichtshof) reversed the contested decision of the appeal court, because the latter decided that the acts of the respondent (namely the setting of a link which led to the access of an internetsite which was illegal) are not justified on the basis of freedom of expression and freedom of press reporting. According to the German Federal Court (Bundesgerichtshof) the abovementioned acts are covered by the freedom of expression, freedom of opinion and freedom of press reporting on the basis of Article 6 of the Treaty on the European Union (TEU) and Article 11 para. 1 and 2 of the Charter of Fundamental Rights of the European Union (EU Charter).

(more…)

...

The Luxembourg Administrative court placed Kosovo in the ”safe countries” list disabling Kosovo nationals to seek asylum

Luxembourg, Cour Administrative, Arrêt n° 34778C, 02.10.2014

International protection – List of safe countries of origin – Republic of Kosovo – Safe country of origin

The Grand-Ducal regulation of 19 June 2013 amending the Grand-Ducal regulation of 21 December 2007 establishing a list of safe countries of origin within the meaning of the amended law of 5 May 2006 relating to the right of asylum and complementary forms of protection taken under Article 21 of the above-mentioned law and the notice of the Council of State of 4 June 2013, amended the Grand-Ducal regulation of 21 December 2007 by the addition, to Article 1, paragraph 1, of the Republic of Kosovo to the list of safe countries of origin. Several persons of Kosovan origin introduced an action for annulment of this regulatory act.

(more…)

...