Question I am an independent business man located in the States and was served with a court document from the Hamburg Regional Court for an order to cease and desist sale of a product and ordering me to pay costs of the proceedings based on a value in dispute. The cease and desist is not an issue, I am no longer making sales in the EU at all, and only 1 single item was sold over eBay before I realized it was a parallel imports issue and took down the listings. Where is this proceedings cost coming from and am I required to pay it?
Answer In Germany (as nearly everywhere in the world except for the US), the unsuccessful party in a law suit has to bear all costs including court fees and the costs of the opponent`s representative. In general, court judgments can be executed in cross-border-cases as well if the winning party is eager to do so. It involves the assistance of the foreign legal institutions which have to check before they assist.
I can answer questions in English, German and French. Practice in inheritance law, tax, labour and contract law for private clients. Services also rendered in the fields of business & commercial law; e.g. business organizations, contracts, debt collections, leasing law. Representing clients all over Germany. NO CONSULTANCY ON FAMILY AND IMMIGRATION LAW.
Working since 1999 in the forenamed fields. Henning Haarhaus` experience includes services in the legal department of Roedl & partner, the biggest tax consultancy firm of German origin. Appointed Bar Certified Tax Law Practioner in 2007.
Organizations Bar Association of Berlin, KIWANIS
Education/Credentials German licensed lawyer and bar certified tax specialist