Recent news from DFA's litigation practice

Our litigation team team has files claims and conducts proceedings for nullification of a implementation regulation of the European Commission with the European Court of Justice.

#Litigation

Recent news from DFA's litigation practice

DFA acts as counsel in litigation relating to the non-performance of an international plant construction contract as a result of sanctions imposed on the principal of the contract.

#Litigation

A few case examples for our practice from the last 20+ years with hands on management by the partners of DFA

Photo by Valeria Terekhina on www.unsplash.com

Swiss client supported against German court judgement (application of EU-Regulation)

DFA‘ Nehle Bornemann succeeds in stopping enforcement of German default judgement rendered against Swiss client, by obtaining annulment of service of statement of claims, judgement and attachment order pointing out that service to Switzerland does not work under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, but under the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Contrary to the Former, the latter does not allow,as far as Switzerland is concerned, direct service using postal services only but formal service through the official channel in Switzerland



#International Business law #Litigation

DFA assisted German client to enforce loan repayment by a French Bank

DFA attorneys obtain enforcement of claim for loan repayment by French bank under a French notarized loan agreement, making use of the fact that payment claims under a deed notarised in France constitute an enforceable title under the Brussels I and Brussels Ia Regulation, without having to have recourse to the courts first. Within days of receiving copy of the deed declared enforceable by the competent German court, the debtor paid of the entire amount plus cost.   



# International Business law # Litigation

# French Desk

Regulatory proceedings at European level

DFA‘ Nehle Bornemann succeeds pulling the strings of Brussels Ia Regulation to convince German court to order third party notice to party in Denmark, and assisting the court, using DFA‘ network in Denmark, to serve notice, which turns out to be a game changer in the proceedings.

#International Business Law  #Litigation

Recent news from DFA's litigation practice

DFA sues major German bank for non-performance under a URDG [Uniform Rules on Demand Guarantees] 758 governed demand payment guarantee.

#Litigation

Arbitration claim for annulment of shareholders‘ resolutions 

 
DFA defends German limited partnership against a claim for annulment of a shareholders’ resolution brought in Deutsche Institution für Schiedsgerichtsbarkeit (DIS) proceedings.

#Dispute Resolution

Recent ICC arbitration proceedings in Paris

DFA team members have acted as counsel for oil and mining player in ICC arbitration in Paris involving German and French legal aspects.

#Dispute Resolution# International Business law #French Desk

Recent alternative dispute resolution assignments at DFA

DFA lawyers succeed in settling a claim for Annulement of repaid shareholder loans under European Insolvency Statute (EuInsVO)

#Dispute Resolution

Service of statement of claims and procedural acts from Germany to Switzerland 

DFA team successfully obtains annulment of default judgement and related enforcement procedures in Germany against Swiss client based on poor service of judicial documents under the EuZVO and the Hague Convention of Service of legal documents.



#Dispute Resolution

Multi-jurisdictional labour court proceedings

DFA advises a French Group multi-jurisdictional labour court proceedings in Germany and in France triggered by the dismissal of an officer of the client group’s German subsidiary with forum related aspects under the Brussels Ia regulation and with conflict of law aspects under the Rome I regulation.

#Litigation #French Desk #Labour Law