Judgements

Judgements

Here we present an excerpt of some well-known court decisions in which our law firm THEMIS was involved as a lawyer. The list is updated on an ongoing basis.

Limitation of the claim for restitution of looted art (Graetz Collection)

  • OLG Frankfurt, NJW-RR 2018, 857
  • Limitation of claims for restitution due to persecution-related deprivation
  • BGB §§ 195, 242, 935 I, 985, 1007OLG Frankfurt a. M., judgement of 8.2.2018 - 1 U 196/16 

Stumbling blocks for Munich at the Bavarian Administrative Court

  • BeckRS 2017, 137007
  • Decision of 15 December 2017 - 8 ZB 16.1814
  • Chain of standards: GVG § 17a | BayStrWG Article 13

Cornelius Gurlitt: Successful defence against a lawsuit by the BILD newspaper

  • VGH Munich NJW 2014, 2057Decision of 27.03.2014 - 7 CE 14.253
  • Chain of norms: VwGO §§ 123, 146 | GVG § 17a | EGGVG § 23 | StPO § 475 | AO § 30 | GG Art. 1, 2, 5 | BayPrG Art. 

 

A stolen Purrmann at the Federal Supreme Court on 19 July 2019 

  • Burden of proof and presentation in the case of seizure of stolen art objects
  • The BGH confirms our presentation -together with lawyer Dr. von Plehwe- on the required stricter conditions of adverse possession
  • The V. Civil Senate of the Federal Court of Justice overturned the contested judgment and referred the case back to the Nuremberg Higher Regional Court for a new hearing and decision.

The East Side Gallery at Berlin Regional Court, NJOZ 2013,371,

  • Destruction of works at the East Side Gallery
  • Claim for damages by the author due to destruction of a mural painting
  • UrhG § 2 I No. 4
  • In order to answer the question whether the author of a work of visual art is entitled to claim damages for a serious violation of his moral right due to the destruction of his picture of the Berlin Wall pursuant to Section 97 II 4 UrhG, it is necessary to weigh the interests of the owner in the free disposal of his property - in this case a section of the Berlin Wall - against the interests of the author in the preservation of his work. (Editorial guideline)
  • LG Berlin, Urt. v. 7. 2. 2012 - 15 O 199/11

The most expensive carpet in the world at the OLG Munich, NJW 2015,81

  • The most expensive carpet in the world
  • Due Diligence of the Universal Auctioneer in Valuation - Historical Persian Carpet

Sculptures from Leipzig Zoo at Dresden Higher Regional Court, BeckRS 2018, 38433 

  • Claims for restitution against a public corporation - defences and burden of proof

Our focus for private clients and companies

Chains of norms: BGB § 203, § 221, § 604 para. 3, § 937 para. 2, § 952 para. 1, § 872, § 985, § 1006, § 929
GG Art. 14 para. 1 p. 1