Assistance from the VDMA legal department on retention obligations and periods for commercial documents - new, updated 2025 edition
The BGH decides on the question of whether arbitration proceedings are inadmissible if there is a risk that the arbitral tribunal will apply an ineffective contractual penalty provision.
In its final judgment of 08.01.2025 - 7 U 1776/23 - the Higher Regional Court of Munich deals in passing with the commercial letter of confirmation and confirms the established case law.
A shortening of the limitation period in general terms and conditions is ineffective when covering claims for intentional breach of contract, decides the Higher Regional Court of Munich
In a decision, the Federal Court of Justice provides more detailed information on commercial notification of defects in accordance with Section 377 of the German Commercial Code (HGB).
If instructed lawyers have no knowledge of the imminent insolvency of the defendant, they do not have to warn their client about it. The OLG Düsseldorf rejects a general obligation to investigate.
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