03. August 2023

OPPENLÄNDER fends off state liability claims against the state of Baden-Württemberg

The Federal Court of Justice again ruled on the question of claims under state liability law in connection with the so-called “first lockdown”. The case concerned a professional musician whose performances were cancelled due to the event bans. In contrast to the Higher Regional Court of Stuttgart, the Federal Court of Justice held that these measures, which indirectly affected the plaintiff, also interfered with Articles 12 and 14 of the German Constitution. However, this encroachment was justified, in particular because the event bans were continuously reviewed and adapted to the pandemic and because the effect of the measures was mitigated by aid programs.

The Federal Court of Justice also held that the legislator of the German Infection Protection Act was also not constitutionally obliged to regulate further compensation claims. Taking into account the entrepreneurial risk, the period of the measure had been reasonable.

Pressemitteilung des Bundesgerichtshofs

More news

03. April 2024

Dr Raphael Höll is a new associated partner at OPPENLÄNDER

Dr Raphael Höll was appointed associate partner of OPPENLÄNDER as of 01.04.2024. Dr Raphael Höll has been working as a lawyer at OPPENLÄNDER since October 2020.

Read more
14. March 2024

OPPENLÄNDER sets the course for the future

In future, two managing partners will take care of strategic issues and the management of internal administration. They will be advised by a three-member advisory board from among the partners. We congratulate Dr. Christian Gunßer and Dr. Florian Schmidt-Volkmar, who were unanimously elected as managing partners until the end of 2026.

Read more
29. February 2024

OPPENLÄNDER obtains authorisation for long-term securing of raw materials

Prof Dr Christofer Lenz and Dr Jens Ritter have made it possible despite bureaucratic and legal hurdles and obtained a permit for a joint venture between two large gravel works that will secure the supply of raw materials in the long term.

Read more
27. February 2024

OPPENLÄNDER represents religious community in constitutional complaint

A religious community has filed a constitutional complaint in order to obtain its own state treaty and appropriate financial support. Prof Dr Christofer Lenz and Dr Maximilian Stützel are representing the religious community.

Read more