“Germany: Constitutional Court Requires Equal Arms in Preliminary Injunction Matters” – Article by Dr. Rudolf Böckenholt in les Nouvelles of LES International
In the December 2020 edition of “les Nouvelles Online”, the trade journal of the Licensing Executives Society International, BOEHMERT & BOEHMERT attorney Dr. Rudolf Böckenholt provides detailed information about a decision of the German Constitutional Court in summer 2020 to strengthen the “equality of arms” of all parties in the injunction proceedings.
The background to this is the common practice for decades, according to which the defendant was only heard in the oral hearing upon objection, i.e. after the preliminary injunction had already been issued and was to be observed.
The German Constitutional Court is again putting paid to this procedure with its ruling in June and July of this year, after having already strengthened the rights of the defendant in September 2018.
According to the decision of the German Constitutional Court, the opponent must be given a legal hearing before a decision is made, and this must be on the specific subject matter in dispute. Both parties must be equally involved in the legal proceedings.
Subscribers of the LESI Magazine can download the detailed article by Dr. Böckenholt here!