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White collar crime enforcement in Germany: trends and developments

German authorities have intensified and accelerated their enforcement activities in 2023, following a slowdown of both investigations and court proceedings during the pandemic. This had led to a surge of dawn-raids in...more

Representative Actions for Redress: A New Option Since 13 October 2023

The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more

New collective redress action for consumers in Germany

Consumer associations will be eligible to bring collective claims against companies for various forms of redress. The introduction of the collective redress action increases the risk that companies will have to expend...more

Internal investigations documents seised in lawful law firm raid

The much publicised raid of U.S. law firm Jones Day’s Munich office and the seizure of documents relating to VW’s internal investigation by prosecutors in an investigation of Audi AG were legal, according to German courts. A...more

German Federal Court of Justice defines exception to disclosure obligation relating to gross margin of a swap

Exactly five years after its landmark decision in 2011, the German Federal Court of Justice (Bundesgerichtshof, BGH) has handed down another important decision in the ongoing swap saga. Banks must normally disclose the...more

Investors Bring Banking Licence Claims Against Foreign Banks

Federal Court of Justice (BGH), judgment dated 7 July 2015, file no. VI ZR 372/14: German clients of foreign banks have increasingly been trying to shift their losses by claiming damages for the banks failing to have a...more

German Federal Court Of Justice Decides On Limitation Period For Consumers Reclaiming Administrative Fees In Loan Agreements

In May 2014, the German Federal Court of Justice (the BGH) held that clauses in consumer loan agreements charging a non-recurring “administrative fee” are invalid (see June 2014 Risk Note)....more

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