I. Civil Senate of the Federal Court of Justice

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The First Civil Senate is a panel of the Federal Court of Justice . It is one of a total of thirteen senates currently dealing with civil matters. He is mainly responsible for the areas of copyright , industrial property rights , freight forwarding, storage and freight law and brokerage law.

occupation

5 judges of the 1st civil senate during a hearing (2018)

The Senate is currently (as of October 1, 2019) as follows:

Wolfgang Kirchhoff left the 1st Civil Senate on September 1, 2019; since then he has belonged (as deputy chairman) to the newly established XIII. Civil Senate . The assignment of the newly appointed judge Odörfer became effective with his appointment on October 1, 2019.

Chairperson

No. Name (life data) Beginning of the term of office Term expires
1 Hermann Weinkauff (1894–1981) October 1, 1950 ( 1 ) 1959
2 Günther Wilde (1900–1980) 14./15. April 1959 ( 2 ) December 31, 1964
3 Gerda Krüger-Nieland (1910-2000) February 16, 1965 ( 3 ) June 30, 1978
4th Otto-Friedrich Freiherr von Gamm (1923-2001) 3rd July 1978 November 30, 1990
5 Henning Piper (1931–2012) December 1, 1990 June 30, 1996
6th Willi Erdmann (* 1937) July 1, 1996 July 31, 2002
7th Eike Ullmann (* 1941) 2002 October 31, 2006
8th Joachim Bornkamm (* 1948) November 1, 2006 February 28, 2014
9 Wolfgang Büscher (* 1952) July 1, 2014 December 31, 2017
10 Thomas Koch (* 1961) July 25, 2018
1 Weinkauff served only formally as chairman until the end of 1953 and left the actual exercise of the chairmanship to Senate colleague Fritz Lindenmaier .
2 from January 1, 1963 as chairman of the Ib Civil Senate
3 to February 29, 1968 as chairwoman of the Ib civil senate

Jurisdiction

According to the business distribution plan of the Federal Court of Justice (as of September 1, 2019), the First Civil Senate is responsible for:

  1. the legal disputes about copyright , publishing law and design law including community design law as well as a general personal right that is commercially exploited by the entitled person (like an intellectual property right );
  2. the legal disputes in the field of commercial legal protection, insofar as they are not assigned to the Xth Civil Senate, in particular the legal disputes about
    1. Brands and other labels (§ 1 Trademark Law),
    2. Claims under the law against unfair competition ,
    3. Naming rights insofar as it is a question of confusion in business dealings or disputes over domain names;
  3. the legal disputes arising from the Plant Variety Protection Act , insofar as it concerns disputes about the variety denomination;
  4. the decisions on legal complaints against decisions of the Federal Patent Court according to the Trademark Act and in design matters as well as in plant variety protection matters, insofar as the denomination is concerned;
  5. the legal disputes over claims from commission business (§§ 383 ff HGB);
  6. the legal disputes over claims from freight forwarding, storage and freight transactions;
  7. the decisions in accordance with Section 7 (2) LwVG (by law);
  8. the claims of a patent attorney and against a patent attorney on the occasion of his professional activity (Patentanwaltsordnung) including claims for damages, insofar as these are activities in the fields of law assigned to the 1st Civil Senate;
  9. the legal disputes from § 2 of the Act on Injunctions for Consumer Law and other violations ( Injunctions Act ), unless the jurisdiction of another civil senate is given (concluding remarks on business allocation No. 4 c);
  10. the legal complaints and other legal remedies against complaint decisions and other resolutions - with the exception of resolutions in legal proceedings - on compulsory enforcement to obtain the surrender of objects and to obtain acts or omissions (§§ 883 ff ZPO) as well as regarding the general provisions for enforcement on pecuniary claims ( §§ 802a ff ZPO);
  11. Legal complaints according to § 70 FamFG in company law proceedings according to § 375 No. 2 FamFG in connection with § 595 Abs. 2 HGB;
  12. the decisions according to Section 108 (2) i. V. m. Section 104 (2) sentence 2 BNotO.
  13. the legal disputes about the contractual relationships of the brokers (§§ 652 ff BGB) including the trade brokers (§§ 93 ff HGB) as well as claims from § 354 HGB;
  14. the legal disputes about arbitration agreements and arbitration awards (§§ 1025 ff ZPO), unless the IX. Civil Senate (No. 6 e) is responsible;
  15. all legal disputes and decisions that are not assigned to another Senate.

history

The First Civil Senate, which had already existed since the establishment of the Federal Court of Justice, was divided into the Ia Senate and the Ib Senate at the beginning of 1963 (on the background of the X. Civil Senate of the Federal Court of Justice ). The division between the Ia Senate and the Ib Senate was carried out in such a way that the Ia Senate was assigned the technical property rights ( patent , utility model ), the Ib Senate the trademark law (now trademark law ), the registered design - (now design -) and copyright as well as competition law . On March 1, 1968, the Ib Senate was named I Civil Senate , while the Ia Senate has since been named X Civil Senate .

Web links

Individual evidence

  1. ↑ Material competence of the civil senates. Federal Court of Justice, accessed on August 31, 2019 .
  2. ^ I. Civil Senate. Federal Court of Justice, accessed on August 31, 2019 .
  3. ↑ Federal Court of Justice, press release No. 126/19 of October 1, 2019
  4. ↑ Presidium resolution on the division of responsibilities. Federal Court of Justice, August 29, 2019, accessed on August 31, 2019 .
  5. ^ New presiding judge at the Federal Court of Justice. In: Press Release No. 123/18. Federal Court of Justice, July 25, 2018, accessed on August 31, 2019 .
  6. ^ Daniel Herbe: Hermann Weinkauff (1894–1981): the first President of the Federal Court of Justice. Mohr Siebeck, Tübingen 2008, p. 176f.
  7. ↑ Business Distribution Plan 2019 - Civil Senates. Federal Court of Justice, accessed on August 31, 2019 .
  8. ^ Critical to the assignment of the right to the variety denomination Alfred Keukenschrijver , Festschrift for Paul Ströbele (2019), Cologne: Carl Heymanns Verlag, pages 153, 164 ff, ISBN 978-3452-29244-5 .