VW-Diesel: Register for class action opened
The law firm Dolce Lauda has filed a kind of class action (Musterfeststellungsklage) against Volkswagen AG at the Higher Regional Court of Braunschweig on behalf of the Consumer Association of South Tyrol, with the aim of ensuring that Italian consumers, like Germans, who have been affected by the diesel scandal, are also compensated. In the meantime, the register of complaints has been opened, where consumers can register. The Italian newspaper La Stampa and the Italian state television, among others, have reported on this.
Class action for Italian VW buyers
The first German class action involving over 400,000 consumers, has not been decided, as is generally known in Germany. VW has reached an agreement with the consumer association and offered a settlement to all consumers who bought their cars in Germany. However, all consumers from abroad were excluded from the settlement. The class action was then withdrawn by the German Consumer Centre.
In order to protect the rights of Italian consumers, we have now filed a separate action for a declaratory judgment on behalf of the South Tyrolean consumer association with the aim of declaring that the compensation principles established by the Federal Court of Justice also apply to Italian consumers.
The judges will now have to examine whether German law can be applied to "scandal diesel" bought in Italy.
Hamburg and Venice seek new alliances through Italian technology
Roberto Sammarchi, lawyer of our firm, took part in an interesting initiative at the Port of Venice aimed at intensifying technological collaboration in the port environment, also in view of a possible twinning between the cities of Venice and Hamburg. Here is the official link of the event!
Martin Cordella again certified specialist lawyer
We are proud to announce that the Frankfurt am Main Bar Association has awarded our colleague Martin Cordella the title of "Fachanwalt für Handels- und Gesellschaftsrecht". Martin, who is already a certified specialist lawyer for international business law, had to prove special theoretical and practical knowledge for this title. In Germany, the titles of Fachanwalt are protected by the state.
COVID-19: Aid for local restaurateurs
The Delegation of the Italian Academy of Cuisine in Frankfurt expressed its solidarity with all restaurants and catering businesses visited in its territory by sending a summary in Italian of the regulations in force in Germany regarding public aid and subsidies that the German state offers to all operators in the gastronomy and catering sector to face the COVID-19 crisis. Rodolfo Dolce, Honorary Delegate of the Academy, was very happy to contribute to the initiative and thanks the delegate, Dr. Melara Dürbeck, for the idea and for its realization. For further information please visit: https://accademiafrancoforte.wordpress.com/2020/04/29/emergenza-crisi-covid-19/.
Webinar on the Corona crisis
On April 30, 2020, the first webinar of the law firm on the topic “State aid in the Corona crisis” took place, in cooperation with the Italian Consulate General. During the webinar, an overview of the state aid available in Hesse, Rhineland-Palatinate and Saarland (short-time work, emergency aid, tax relief, etc.) was offered to the participants. In addition, topical items on family law during the crisis and useful advice for disputes with corporate insurance companies were also presented. Questions asked by participants in the chat were answered directly online during the webinar.
The picture shows the lawyers Bacci and Dolce at work
Not a joke, a real picture
Meeting in our office on the 23th March 2020
Trade fairs and litigation post-Corona
In times of Corona, the requirements for law firms are also changing. This applies all the more to Italian colleagues whose appointment calendars have emptied themselves completely. There are no court hearings, clients cancel meetings, also due to travel restrictions. But the crisis also leads to interesting findings. Not every path that was previously considered indispensable is proving to be necessary. Companies that have to do without trade fairs are discovering new sales platforms and thus opening up new customers. It remains to be seen whether the trade fair business will fully recover after the crisis.
After the crisis, many legal disputes will be conducted as to whether in the specific case during the crisis force majeure existed which changed the contractual obligations (Art. 1467 para. 1 cc, § 313 para. 1 BGB or Art. 79 para. 1 CISG). Italian entrepreneurs are already advised to document the situation during the crisis and the legal and actual state of emergency. Before a German court - this is to be feared - the simple reference to the Corona crisis will not release the debtor from his obligations to perform. Here, a substantial and verifiable explanation will be required as to why it was not possible to perform in the specific case.
Be that as it may - I wish everyone that this nightmare will soon come to an end! Stay healthy, everyone.
September 2019-February 2020
Training course on contracts in the field of transport, shipping and logistics
Avvocato and Rechtsanwältin Marilena Bacci successfully participated in the training course on contracts in the field of transport, shipping and logistics, organized by the Bundesvereinigung Logistik (BVL), the German Federal Logistics Association, acquiring the title “Vertragsmanager Transport und Logistik”. The course, which was divided in three modules and took place in the period September 2019-February 2020, allowed our colleague to acquire additional expertise and specialization in these areas. She stays at your disposal for advisory and/or drafting of contracts in the area of national and/or international transport, shipping and logistics.
Training course about the Protection of Human Rights guaranteed by the ECHR
Our colleagues Avv. and Rain Viviana Ramon and Avv. Doriana de Luca attended a training course about the Protection of Human Rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights (ECHR), organized by the Global Campus of Human Rights, which took place in February 2020 at the Lido di Venezia. By participating in the course, our colleagues deepened their knowledge about these topics and therefore they are now able to pay more attention, in their professional activity, to the protection of substantive rights guaranteed by the ECHR. In this way, we can offer our clients the specialization of our colleagues in a wider context, that is the protection of rights on the basis of the European Convention on Human Rights and beyond national borders, considering the opportunity to submit complaints to the European Court of Human Rights in Strasbourg in case of a violation of fundamental rights.
Opening of the legal year in Milan
On the occasion of the ceremonial opening of the judicial year, the International Committee of the Milan Bar Association (CRINT) traditionally organises a seminar attended by representatives of affiliated bar associations. This year's event was entitled "The Cross Border Dimension of Mediation" and included a round table discussion in which lawyers from France, Ukraine, Bulgaria, Poland, Belgium, Italy and Germany reported on their respective legal systems. Rodolfo Dolce participated on behalf of the Frankfurt am Main Bar Association and described the legal situation in Germany and Hesse.
Last round for VW diesel claim action?
Over 400,000 claimants in a single lawsuit - that is a European record. VW and the consumer association are currently negotiating a possible settlement, which will certainly cost Volkswagen something, but would finally provide legal peace in Germany. For many foreign claimants who have joined the claim action, the question arises as to whether they would benefit from a settlement in the same way as German claimants. In this week's NJW (the leading German law journal) Prof. Stadler considers this to be quite possible and advises the foreign claimants, although this is not required by law, to give their express consent in the case of a settlement. This would considerably facilitate the recognition of the settlement in the home country.
Avv. and RAin Marilena Bacci elected as new board member of the RAK Frankfurt
We are pleased to announce that our colleague Avv. and RAin Marilena Bacci was elected as one of the new members of the Board of the Bar Association of Frankfurt am Main (Rechtsanwaltskammer Frankfurt am Main) for the next 4 years. Together with the other board members, she will perform various functions for the Frankfurt Bar Association, which has over 19.000 members. Due to her intercultural background, the open-mindedness towards the new challenges of our profession, the exchange potential among colleagues from different legal systems and consequently the cooperation with other bar associations are of particular importance for her. She has been working voluntarily for the Frankfurt Bar Association for several years now: together with other committed colleagues, she co-founded the young lawyers working group (Arbeitsgemeinschaft Junge Anwälte) of the NewKammer department in 2014. With the support of the Bar Association, the working group has already been able to realize several successful projects and events for the young colleagues. In addition, she was able to actively represent the Bar Association at several international events.
Board of Directors Meeting of World Link for Law at Dolce Lauda in Frankfurt
On October 26, 2019, the Board of Directors of World Link for Law met in our office in Frankfurt. It was my pleasure to welcome the other Board Members: seven European (Barcelona, Bolzano, Valletta, The Hague, Leeuwarden, Paris, Zurich) and four oversee colleagues (San Francisco, Chicago, New York, Sao Paulo), as well as Tony Firth, the Executive Consultant of the association, and a colleague as observer from the London member firm. The weather was nice and allowed us to take a break from the Board's hard-working session for a business lunch on the terrace of our firm, which overlooks the garden.
Thanks to all Board Members for coming to Frankfurt and see you in Vancouver next year!
CDH welcome drink
The 11th International CDH - Lawyers Forum took place on October 11th and 12th, 2019, in Frankfurt am Main. Numerous current topics were discussed. The law firm Dolce Lauda, together with the lawyer Dr. Petra Weipert, received the participants for a welcome drink.
Opening in Bari
The new office was duly celebrated with an aperitif on the terrace (the pictures really show the terrace of the office!); many colleagues from Puglia accepted the invitation, including Prof. Avv. Vincenzo Vito Chionna, Honorary Consul of the Federal Republic of Germany. The flags were only made of air (balloons), but the will counts and the guests entertained themselves very well.
Good luck, Doriana!
Italian Sounding in the ANUGA - successfully defeated
Dolce Lauda was commissioned by the Association Italian Sounding e.V. to remove Turkish pasta, Turkish biscuits and Egyptian spaghetti, all of which were advertised with Italian designations and partly also with the Italian flag and exhibited at the largest worldwide food fair ANUGA in Cologne, by preliminary injunctions of the Regional Court of Cologne. In all four cases, the Regional Court found that the German consumer still expects a product manufactured in Italy if the packaging is designed in Italian colours and the product designation is Italian. It remains to be seen whether the manufacturers will appeal the injunctions. The products concerned can be viewed here.
Presentation of the "Mosca Bianca"
The book by Giuliano and Rodolfo Dolce "La Mosca Bianca" will be presented on September 25, 2019 at 19:00 at the Italian Consulate General in Frankfurt am Main. For details please click here.
It's time! On October 10, 2019 our office in Bari will be opened. We invite our clients and colleagues to the opening, please click here.
On the occasion of the 11th International CDH - Lawyers' Forum, which will take place on 11 and 12 October 2019 in Frankfurt am Main, the law firm Dolce Lauda, together with the lawyer Dr. Petra Weipert, will receive the participants for a welcome drink.
Avv. Angela Bonacina interviewed by IusLaw WebRadio
#FRA2MONDI – FRA ITALIA E GERMANIA, UN AVVOCATO STABILITO: AVV. ANGELA BONACINA – PARTE 1
#FRA2MONDI – FRA ITALIA E GERMANIA, UN AVVOCATO STABILITO: AVV. ANGELA BONACINA – PARTE 2
A delegation from the Friends of ERA (Academy of European) - including lawyers Castelli and Ramon - have been received by the ECB!
New office location in Bari
Our associate of many years, Doriana de Luca, who already worked for us in our Stuttgart and Milan offices, will open our new office in Bari in October. Dolce Lauda is now represented in the most active region of southern Italy! All details will follow.
As every year, Dolce Lauda is looking forward to supporting the Kammeroper Frankfurt in its performance in the Palmengarten in 2019. This year with "Die verkehrte Braut" by Rossini!
Festival of European Poetry
The Festival of European Poetry is taking place for the 10th time this year. It is mentioned here because the author and journalist Marcella Continanza, during an interview with the Italian foreign press, was kind enough to point out our " assistance at birth " in 2009.
La mosca bianca: Wie die Migration der italienischen Gastarbeiter die Bundesrepublik veränderte by Giuliano Dolce and Rodolfo Dolce (father and son) is being published by Villa Vigoni editions . ISBN 9788890817953 – 9,90 €
Dr. Dolce has been re-elected Vice-President of the Italian Chamber of Commerce for Germany - ItKam - for a three-year term 2019-2012!
JP Morgan Corporate Challenge
The company run with the highest number of participants in the world with approx. 70,000 runners will be held in Frankfurt am Main. Then follow New York City, Chicago and London with numbers of participants between 20,000 and 30,000. Dolce Lauda also took part with a team ready to run and narrowly missed the overall victory.
Smart Contracts SMARTCONTRACTS: WHY CONTRACTS AND WHY SMART?
New business and legal models for automotive supply chains in in the European and national regulatory frameworks; round table in Frankfurt am Main, Program and Registration here, from 4 pm to 7 pm
Dolce Lauda, as long-established Frankfurt law firm, has joined the Frankfurt Green Sauce World Record and invited the neighbours of the Cronstetten Foundation to join her. Everyone enjoyed.
On 31 May and 1 June 2019, the tenth German-Italian lawyers' seminar took place in Villa Vigoni in Menaggio; a great success in terms of atmosphere and expertise; both classical legal topics such as transport law and cross-border enforcement were discussed, but also topics that meet new challenges, such as FinTech, Blockchain, Smartcontracts. Lawyer Marilena Bacci gave a lecture on "German-Italian road transport: a comparative introduction between DE / CMR / IT", Lawyer Rodolfo Dolce moderated two sessions and was involved in the organisation of the festivities for the anniversary.
On 30-31.05.2019 the second event of the PSEFS (Personalized Solutions in European Family and Succession Law) project was held in Rijeka, launched and promoted in December 2018 in Brussels, a project co-financed by the Justice program of the European Union. The event was held at the Faculty of Law of the Croatian city. Our lawyer Viviana Ramon, took an active part in the round table and reported on the "taxonomy of the family patrimonial system in Italian and German law". The event confirmed the success of the PSEFS project, which has established itself as an important tool for cooperation and comparison in the field of European family law.
Class action for companies
The Italian legislature has reformed the class action lawsuit introduced in Italy in 2007 and incorporated it from the Consumer Code (codice del consumo) into the General Civil Code (codice civile). All individuals under private law, including entrepreneurs and legal persons, are actively legitimized. In future, for example, class action lawsuits filed by aggrieved distributors or sales representatives are permitted against manufacturers. Affected plaintiffs - unlike German test cases - can still join after the decisions have been announced and benefit from the effects of the judgment.
Our Newsletter will report in detail.