II. Civil Senate of the Federal Court of Justice

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The second 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 company law and association law.

occupation

The Senate is currently composed as follows:

Chairperson

No. Name (life data) Beginning of the term of office Term expires
1 Karl Canter (1889–1979) October 30, 1950 December 31, 1957
2 Karl Nastelski (1899–1972) February 15, 1958 December 31, 1962
3 Robert Fischer (1911-1983) January 1, 1963 March 31, 1968
4th Georg Kuhn (1907–1982) April 1, 1968 May 31, 1971
5 Walter Stimpel (1917-2008) August 31, 1971 November 30, 1985
6th Alfred Kellermann (1920–2016) 2nd December 1985 November 30, 1988
7th Karlheinz Boujong (1931-2004) December 1, 1988 March 31, 1996
8th Volker Röhricht (* 1940) May 2, 1996 May 31, 2005
9 Wulf Goette (* 1946) June 1, 2005 Sep 30 2010
10 Alfred Bergmann (* 1953) Nov 17, 2010 28 Feb 2017
11 Ingo Drescher (* 1956) June 29, 2017

Jurisdiction

According to the BGH's business distribution plan (as of 2015), the 2nd Civil Senate is responsible for:

  1. the litigation over
    1. Claims from corporate relationships (Sections 705 ff BGB) and communities (Sections 741 ff BGB) with the exception of apartment owners' associations for which the V Civil Senate is responsible,
    2. internal circumstances of trading companies, silent partnerships and registered cooperatives as well as associations (including mutual insurance associations), including legal disputes between these companies, cooperatives or associations and their board members or managing directors; also legal disputes arising from the Transformation Act,
    3. Strict liability of members of legal entities (abuse of the legal form), unless it appears expedient, taking into account the other applicable law, for the matter to be dealt with by the senate responsible for this law,
    4. Company law (§§ 17 ff HGB), unless the 1st civil senate is responsible (No. 2 a),
    5. Claims based on violations of statutory provisions based on company law for the protection of investors (e.g. according to WpHG, WpÜG), insofar as they are directed against the company and / or its organs, in particular from the breach of disclosure obligations of the company and its organs, insofar as not the XI. Civil Senate according to No. 1 c is responsible,
    6. Claims arising from tort, insofar as they are based on the violation of a protective law based on company law (Section 823 (2) BGB), the misappropriation of company assets by corporate bodies or shareholders or the failure to transfer employee contributions to social security or the Federal Employment Agency (Section 823 Paragraph 2 BGB in conjunction with Section 266a StGB),
    7. Claims based on accounting obligations of companies and their violation,
    8. conversion law disputes,
    9. the internal liability of management and supervisory bodies of legally competent associations under private law and of savings banks as well as other public-law credit institutions including other legal disputes between these and their bodies;
  2. the legal disputes assigned to the Federal Court of Justice pursuant to Section 16 Sentences 2 and 3 of the Act to Establish a Financial Market Stabilization Fund ( Financial Market Stabilization Fund Act - FMStFG) of October 17, 2008 ( Federal Law Gazette I p. 1982 ), unless XI. Civil Senate (No. 6) is responsible;
  3. Legal complaints according to § 70 FamFG in
    1. Commercial register matters , cooperative register matters , partnership register matters and association register matters (Section 374 No. 1 to 4 FamFG),
    2. the corporate law procedures mentioned in § 375 No. 1, 3 to 16 FamFG;
  4. Legal complaints in the proceedings listed in Section 71 (2) No. 4 GVG.

Web links

Individual evidence

  1. ↑ Distribution of the BGH's business ( memento of the original from April 22, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on April 22, 2018) @1@ 2Template: Webachiv / IABot / www.bundesgerichtshof.de
  2. ^ Occupation of the second civil senate on the website of the Federal Court of Justice
  3. ↑ Press release of the Federal Court of Justice of June 29, 2017. Retrieved August 17, 2017 .
  4. ↑ Federal Court of Justice - Business Distribution Plan 2015 ( Memento from May 22, 2015 in the Internet Archive ) (accessed on May 20, 2015)