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From my practise

Labour law
Labour Court Berlin-Verdict of 31.07.2012
Lawsuit for client for continued payment of wages was successful because his employer had not presented sufficient facts, that were likely to undermine the evidential value of the certificates of incapacity for work.
Residence law
Higher Administrative Court Berlin-Decision of 21.10.2004
Complaint against refusal of legal aid for clients was successful because their lawsuit for the granting of residence permits promised success.
Banking law
Ombudsmann of Private Banks-Arbitration of 21.01.2008
Bank had to pay compensation to client because it prematurely paid the amounts seized on his account to the creditor.
Service law
Local Court Hamburg-Verdict of 17.02.2005
Lawsuit against client for payment of the remuneration for a funding research was dismissed because the plaintiff did not provide evidence that she had fulfilled her contractual obligations.
Local Court Wedding-Verdict of 08.03.2013
Lawsuit against client for remuneration for dance lessons was partially rejected because the termination regulation in the general terms and conditions of the plaintiff was invalid.
Interim relief
District Court Würzburg-Verdict of 10.07.2013
Preliminary injunction against client was annulled by the appellate court because it had not been delivered by the plaintiff within the one month period of Section 929 (2) ZPO in direct service.
Local Court Wedding-Decision of 09.10.2002
Client’s landlord was bound by an injunction to restart the heating during the heating season.
Inheritance law
District Court Berlin-Partial Verdict of 02.11.2017
As a co-heir, client was granted the right to demand information from the defendants about how, when and for what purposes they used the power of attorney granted by the testator to conduct banking transactions with his assets.
European law
European Court of Human Rights-Notice of 24.09.2013
Client had adressed informally and criticized police officers during an operation involving his property and was convicted of insulting them. His complaint, which saw it as a violation of his fundamental right to freedom of expression, was declared inadmissible.
Family law
Appellate Court-Decision of 30.06.2015
Application for client not to accept the divorce of her marriage through a Serbian divorce decree in Germany was successful because the divorce application had not been properly served. The consequence of this was that client was able to inherit her now deceased husband as a not divorced widow.
Local Court Rastatt-Decision of 12.12.2018
According to application, client’s husband was sentenced to provide information about his assets as part of the early share of gains.
Appellate Court-Decision of 28.01.2022
Client’s ex-wife applied for the pension equalization to be carried out, although this had been excluded by a notarial marriage contract, on the grounds that it was void. The client’s defense against this was successful in both instances.
Appellate Court-Decision of 08.12.2016
The ex-wife of a deceased client was registered as the sole owner of a condominium in Berlin. Representing the daughters of the deceased client as his heirs, the establishment of the affiliation of the condominium to the marital attainment according to Bosnian-Herzegovinian law was achieved and their right to a corresponding correction of the land register was enforced in court.
Appellate Court-Decision of 31.01.2022
Complaint for the client and her child against the order of a DNA report to prove the child’s parentage was successful because the Tempelhof-Kreuzberg District Court did not decide on the basis of a hearing as required. In addition, the child has its own right to refuse and the interests of the applicant and the person to be examined must be weighed up as part of the reasonableness test.
Appellate Court-Decision of 06.08.2010
Complaint for client against the exclusion of the pension equalization in the context of divorce was successful, as no gross inequity could be determined.
Local Court Rastatt-Decision of 18.12.2019
According to application, client’s husband was obliged to pay by way of early gain compensation.
Forestry law
Higher Regional Court Brandenburg-Decision of 13.09.2011
Legal complaint for client was successful in asserting the legal consequences, as the court of first instance made errors in the assessment of the fine.
Higher Regional Court Brandenburg-Decision of 12.06.2012
Legal complaint for client was successful again in the ruling on legal consequences, as the court of first instance had not granted the client any easing of payment.
Sales law
Local Court Tempelhof-Kreuzberg-Verdict of 31.03.2011
Lawsuit against client for a warranty for a used vehicle was dismissed, as no conclusion of a purchase contract between the claimant and the client could be established.
Local Court Wedding-Verdict of 08.12.2005
Legal action for client for payment of the remaining purchase price for a barber shop was successful because the defendant was unable to demonstrate and prove that objects of purchase were missing when the goods were handed over and that he was entitled to compensation.
Leasing law
Local Court Potsdam-Verdict of 09.12.2003
Lawsuit against client for reimbursement of costs for securing a leased vehicle was dismissed, as the securing arranged by the plaintiff was viewed as prohibited self-power.
Brokerage law
Local Court Charlottenburg-Verdict of 06.02.2004
Lawsuit for client for payment of a commission for brokering a rental contract for a restaurant to the defendant’s sister-in-law was successful because the defendant was unable to present an alternative commission agreement.
Appellate Court-Verdict of 29.10.2012
Client’s claim to payment of a commission from the assigned right for the brokerage of a purchase contract for a residential park to another company appointed by the defendant as the buyer could be enforced in court against multiple objections of the defendant.
Tenancy law
District Court Berlin-Verdict of 12.02.2019
Client’s claim against landlady of their apartment for reimbursement of the costs of replacement accommodation during water damage in the rented apartment from assigned right was enforced in full in the appeal proceedings against all objections on the part of the landlady and the court of first instance.
Local Court Wedding-Verdict of 10.08..2005
Counterclaim for client against landlords of her apartment for the removal of moisture stains was successful, as landlords could not prove that the moisture stains were not due to the structure of the house.
District Court Berlin-Verdict of 15.11.2011
Offsetting the claim of the landlord of client’s apartment for damages due to delay in eviction against client’s claim for repayment of the deposit was rejected by the appellate court as unfounded because the landlord had neither shown that he could have rented out the apartment immediately if he had vacated the apartment in good time, nor that he had not been able to re-let the apartment despite appropriate efforts. In contrast to consequential damage caused by termination, the burden of proof in the case of damages due to delay in eviction lies with the landlord.
District Court Berlin-Verdict of 22.04.2015
The client’s landlord’s action for eviction due to arrears in rent was also rejected in the appeal proceedings because the client reduced the rent and rightly exercised her right of retention in the amount of four times the reduction amount.
Local Court Wedding-Partial Verdict of 21.11.2017
Defense against eviction action by landlady of client’s apartment due to arrears in rent was successful because the landlady’s termination without notice had become invalid through full payment within the grace period of Section 569 (3) No. 2 BGB and the landlady had no legitimate interest in her alternatively declared ordinary termination in accordance with Section 573 (1) and (2) No. 1 BGB.
District Court Berlin-Verdict of 19.04.2002
Counterclaims by the landlady of the client’s apartment against the client’s claim for payment of ancillary cost credit were also rejected by the appellate court as unfounded because they were forfeited in accordance with Section 242 BGB.
District Court Berlin-Partial Verdict of 07.01.2016
Incorrect decision of the first court on the provisional enforceability of modernization measures by the landlady of the client’s apartment was corrected by the appellate court on appeal on behalf of the client.
Tort law
Local Court Schöneberg-Verdict of 10.06.2010
Not only the underage perpetrator who had destroyed the side window of the client’s car was sentenced to pay damages, but also his mother for violating her duty of supervision.
Social law
Social Court Berlin-Verdict of 15.01.2007
Alternative action for client for the payment of a pension due to partial disability in the event of occupational disability was successful because client, even if he was not a skilled worker, could not be referred to the general labor market across the board due to several years of activity as a special skilled construction worker.
Criminal law
Local Court Tiergarten-Verdict of 01.09.2006
Client was acquitted of the allegation of fraudulent social benefits because it could not be proven that he knew about his wife’s savings account.
Local Court Tiergarten-Verdict of 07.01.2020
Client was acquitted of the charge of fraudulent goods on the Internet because it could not be proven that he had offered the alleged goods against prepayment on the Internet.
Local Court Mühlheim an der Ruhr-Verdict of 07.07.2020
Client was acquitted of the allegation of credit fraud because it could not be proven that he applied for the car loan in question.
District Court Würzburg-Decision of 19.12.2012
Immediate complaint for client against revocation of probation was successful, as no cause for concern about commission of further crimes could be determined.
Local Court Chemnitz-Verdict of 20.09.2018
Client was acquitted of the allegation of smuggling foreigners from Serbia on a commercial basis, as no knowledge of their intention to apply for asylum could be proven.
Local Court Tiergarten-Verdict of 14.06.2019
Client was acquitted of the charge of dangerous bodily harm because his identification as the perpetrator by the injured witness was not convincing.
Local Court Tiergarten-Verdict of 24.11.2020
Client was acquitted of the accusation of bodily harm and coercion because the witnesses made use of their right to refuse to testify.
Appellate Court-Decision of 01.02.2022
In the first instance, the client was sentenced to a total of six months’ imprisonment for two thefts. This judgment was upheld by the Court of Appeal. The revision filed for the client against the appeal judgment led to the reversal of the judgment and remittance to another criminal division because the sentencing considerations of the court of appeal with regard to the ascertained criminal background of the client were not comprehensible.
Constitutional law
Constitutional Court Berlin-Decision of 31.05.2013
In response to a complaint for the clients, the Berlin Constitutional Court overturned the judgment of the 63rd Chamber of the Berlin Regional Court in a rental case for violating the right to be heard.
Constitutional Court Berlin-Decision of 14.08.2012
In response to a complaint fort the clients, the Berlin Constitutional Court overturned another judgment of the 63rd Chamber of the Berlin Regional Court in a rental case for violation of the right to be heard.
Traffic law
Local Court Tiergarten-Verdict of 04.01.2006
Client was acquitted of the charge of driving without a license because it could be proven that someone else was the driver at the time of the crime.
District Court Berlin-Decision of 16.01.2019
Complaint for the client against the provisional revocation of her driving license due to drunkenness in traffic was successful, as no alcohol-related symptoms of failure could be found in the client.
Local Court Stadtroda-Verdict of 17.11.2011
Client was acquitted of the charge of exceeding the maximum speed limit because it was found that another person had been the driver at the time of the offense.
Local Court Potsdam-Verdict of 15.04.2013
Client was acquitted of the charge of exceeding the maximum speed limit because it could be proven that another person had been the driver at the time of the offense.
Local Court Tiergarten-Verdict of 18.09.2013
The fine imposed on the client for exceeding the permitted maximum speed and the driving ban could be reduced or shortened because the police made a mistake in measuring the speed.
Local Court Mitte-Verdict of 04.12.2020
Legal action for client for reimbursement of the repair costs of a specialist workshop calculated by a private expert was successful, as the court rejected the insurance company’s reference to a cheaper repair option at an alternative workshop according to their test report.
District Court Berlin-Verdict of 27.05.2004
Client’s claim for damages could largely be enforced in the appellate instance, as it could be proven that not she, but the other party involved in the accident, had changed lanes.
District Court Berlin-Verdict of 19.06.2020
Client was acquitted of the accusation of drunkenness in traffic in the appeal proceedings because the blood alcohol concentration at the time of the crime could no longer be determined due to an error in the blood collection.
Local Court Mitte-Verdict of 04.09.2020
Lawsuit for client against Croatian insurance company due to a traffic accident in Bosnia and Herzegovina was largely successful under the application of Bosnian-Herzegovinian law, with the insurance company being sentenced to pay 12% interest on arrears.
District Court Berlin-Default Judgement of 09.10.2013
Client’s claim for damages against a Dutch insurance company for an accident in the Netherlands could be enforced in court in Berlin using Dutch law.
Local Court Mitte-Verdict of 16.01.2003
Liability of the client as the owner of a motor vehicle for damage caused by his son in a chase with the police could be averted.
Local Court Tiergarten-Decision of 01.03.2006
Fine proceedings against clients for a traffic offense had to be closed due to the statute of limitations.
Local Court Tiergarten-Decision of 16.03.2011
Further fine proceedings against client for a traffic offense had to be closed due to the statute of limitations.
Insurance law
District Court Potsdam-Verdict of 18.07.2017
Client’s claim, as the beneficiary of the life insurance of her deceased husband, to consent to the payment of the insured sums against his daughters from his first marriage could be enforced in court because the Serbian divorce decree had not been accepted in Germany and the daughters had no right of revocation.
District Court Cottbus-Verdict of 20.12.2016
Legal action for client for compensation for theft damage against the partial coverage insurance of his car was successful, as the insurance did not substantiate the existence of theft damage and no intentional breach of duty was evident.
Local Court München-Verdict of 12.07.2013
Recourse by the motor vehicle liability insurance against client for fleeing an accident was averted because no fraudulent breach of the client’s duty of disclosure could be found, because he succeeded in refuting the possibility of drunk driving and driving without a driver’s license.
Local Court Tiergarten-Verdict of 09.06.2010
Recourse by the motor vehicle liability insurance against clients due to late payment of the first premium was averted, as the client was not responsible for the late payment.
District Court Berlin-Verdict of 29.11.2021
Client’s commercial liability insurance refused to settle damage due to delay with a follow-up premium. The client’s claim for cover against the insurance company was successful, since the requirements for a release from payment according to section 38 (2) VVG were not met due to the lack of receipt of a qualified reminder according to section 38 (1) VVG.
Execution law
Local Court Erlangen-Verdict of 29.09.2011
Client’s action for reclaim against her creditor for unjust enrichment in the context of an attachment of an account was largely successful, as it could be proven that the enforcement was partly wrong.
Local Court Potsdam-Decision of 01.02.2013
The particion auction of the client’s house by way of foreclosure could be prevented by an immediate complaint against the award because the responsible judicial officer did not take into account the compensation amount persuant to Section 182 (2) ZVG for the unencumbered share of the other co-owner when determining the lowest bid.

Info From my practise

Lawsuit for client for continued payment of wages was successful because his employer had not presented sufficient facts, that were likely to undermine the evidential value of the certificates of incapacity for work.

Complaint against refusal of legal aid for clients was successful because their lawsuit for the granting of residence permits promised success.

Bank had to pay compensation to client because it prematurely paid the amounts seized on his account to the creditor.

Lawsuit against client for payment of the remuneration for a funding research was dismissed because the plaintiff did not provide evidence that she had fulfilled her contractual obligations.

Lawsuit against client for remuneration for dance lessons was partially rejected because the termination regulation in the general terms and conditions of the plaintiff was invalid.

Preliminary injunction against client was annulled by the appellate court because it had not been delivered by the plaintiff within the one month period of Section 929 (2) ZPO in direct service.

Client’s landlord was bound by an injunction to restart the heating during the heating season.

As a co-heir, client was granted the right to demand information from the defendants about how, when and for what purposes they used the power of attorney granted by the testator to conduct banking transactions with his assets.

Client had adressed informally and criticized police officers during an operation involving his property and was convicted of insulting them. His complaint, which saw it as a violation of his fundamental right to freedom of expression, was declared inadmissible.

Application for client not to accept the divorce of her marriage through a Serbian divorce decree in Germany was successful because the divorce application had not been properly served. The consequence of this was that client was able to inherit her now deceased husband as a not divorced widow.

According to application, client’s husband was sentenced to provide information about his assets as part of the early share of gains.

Client’s ex-wife applied for the pension equalization to be carried out, although this had been excluded by a notarial marriage contract, on the grounds that it was void. The client’s defense against this was successful in both instances.

Complaint for client against the exclusion of the pension equalization in the context of divorce was successful, as no gross inequity could be determined.

According to application, client’s husband was obliged to pay by way of early gain compensation.

Legal complaint for client was successful in asserting the legal consequences, as the court of first instance made errors in the assessment of the fine.

Legal complaint for client was successful again in the ruling on legal consequences, as the court of first instance had not granted the client any easing of payment.

Lawsuit against client for a warranty for a used vehicle was dismissed, as no conclusion of a purchase contract between the claimant and the client could be established.

Legal action for client for payment of the remaining purchase price for a barber shop was successful because the defendant was unable to demonstrate and prove that objects of purchase were missing when the goods were handed over and that he was entitled to compensation.

Lawsuit against client for reimbursement of costs for securing a leased vehicle was dismissed, as the securing arranged by the plaintiff was viewed as prohibited self-power.

Lawsuit for client for payment of a commission for brokering a rental contract for a restaurant to the defendant’s sister-in-law was successful because the defendant was unable to present an alternative commission agreement.

Client’s claim to payment of a commission from the assigned right for the brokerage of a purchase contract for a residential park to another company appointed by the defendant as the buyer could be enforced in court against multiple objections of the defendant.

Counterclaim for client against landlords of her apartment for the removal of moisture stains was successful, as landlords could not prove that the moisture stains were not due to the structure of the house.

The client’s landlord’s action for eviction due to arrears in rent was also rejected in the appeal proceedings because the client reduced the rent and rightly exercised her right of retention in the amount of four times the reduction amount.

Counterclaims by the landlady of the client’s apartment against the client’s claim for payment of ancillary cost credit were also rejected by the appellate court as unfounded because they were forfeited in accordance with Section 242 BGB.

Incorrect decision of the first court on the provisional enforceability of modernization measures by the landlady of the client’s apartment was corrected by the appellate court on appeal on behalf of the client.

Not only the underage perpetrator who had destroyed the side window of the client’s car was sentenced to pay damages, but also his mother for violating her duty of supervision.

Client was acquitted of the allegation of fraudulent social benefits because it could not be proven that he knew about his wife’s savings account.

Client was acquitted of the charge of fraudulent goods on the Internet because it could not be proven that he had offered the alleged goods against prepayment on the Internet.

Client was acquitted of the allegation of credit fraud because it could not be proven that he applied for the car loan in question.

Immediate complaint for client against revocation of probation was successful, as no cause for concern about commission of further crimes could be determined.

Client was acquitted of the allegation of smuggling foreigners from Serbia on a commercial basis, as no knowledge of their intention to apply for asylum could be proven.

Client was acquitted of the charge of dangerous bodily harm because his identification as the perpetrator by the injured witness was not convincing.

Client was acquitted of the accusation of bodily harm and coercion because the witnesses made use of their right to refuse to testify.

In response to a complaint for the clients, the Berlin Constitutional Court overturned the judgment of the 63rd Chamber of the Berlin Regional Court in a rental case for violating the right to be heard.

In response to a complaint fort the clients, the Berlin Constitutional Court overturned another judgment of the 63rd Chamber of the Berlin Regional Court in a rental case for violation of the right to be heard.

Client was acquitted of the charge of driving without a license because it could be proven that someone else was the driver at the time of the crime.

Complaint for the client against the provisional revocation of her driving license due to drunkenness in traffic was successful, as no alcohol-related symptoms of failure could be found in the client.

Client was acquitted of the charge of exceeding the maximum speed limit because it was found that another person had been the driver at the time of the offense.

Client was acquitted of the charge of exceeding the maximum speed limit because it could be proven that another person had been the driver at the time of the offense.

The fine imposed on the client for exceeding the permitted maximum speed and the driving ban could be reduced or shortened because the police made a mistake in measuring the speed.

Legal action for client for reimbursement of the repair costs of a specialist workshop calculated by a private expert was successful, as the court rejected the insurance company’s reference to a cheaper repair option at an alternative workshop according to their test report.

Client’s claim for damages could largely be enforced in the appellate instance, as it could be proven that not she, but the other party involved in the accident, had changed lanes.

Client was acquitted of the accusation of drunkenness in traffic in the appeal proceedings because the blood alcohol concentration at the time of the crime could no longer be determined due to an error in the blood collection.

Lawsuit for client against Croatian insurance company due to a traffic accident in Bosnia and Herzegovina was largely successful under the application of Bosnian-Herzegovinian law, with the insurance company being sentenced to pay 12% interest on arrears.

Client’s claim for damages against a Dutch insurance company for an accident in the Netherlands could be enforced in court in Berlin using Dutch law.

Liability of the client as the owner of a motor vehicle for damage caused by his son in a chase with the police could be averted.

Fine proceedings against clients for a traffic offense had to be closed due to the statute of limitations.

Further fine proceedings against client for a traffic offense had to be closed due to the statute of limitations.

Legal action for client for compensation for theft damage against the partial coverage insurance of his car was successful, as the insurance did not substantiate the existence of theft damage and no intentional breach of duty was evident.

Recourse by the motor vehicle liability insurance against client for fleeing an accident was averted because no fraudulent breach of the client’s duty of disclosure could be found, because he succeeded in refuting the possibility of drunk driving and driving without a driver’s license.

Recourse by the motor vehicle liability insurance against clients due to late payment of the first premium was averted, as the client was not responsible for the late payment.

Client’s action for reclaim against her creditor for unjust enrichment in the context of an attachment of an account was largely successful, as it could be proven that the enforcement was partly wrong.

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From my practise