Joachim von Ungern-Sternberg

Joachim von Ungern-Sternberg (born October 27, 1942 in Łódź , then Litzmannstadt) is a German lawyer and judge at the Federal Court of Justice a. D.

Life

Von Ungern-Sternberg is married and has two grown children. After completing his legal training in 1971, he initially continued his long-term work as a research assistant at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich as head of the copyright department in the Germany department. In 1972 he entered the higher judicial service of the Free State of Bavaria and, after working in the Bavarian State Ministry of Justice and the public prosecutor's office at the Regional Court of Munich I , he became a judge at the Regional Court of Munich I in 1975. From there, he was appointed to the Bavarian government in 1976 State Ministry of Justice transferred; In 1979 he was appointed government director. In 1981 he became a judge at the Munich Higher Regional Court .

Joachim von Ungern-Sternberg was appointed judge at the Federal Court of Justice in 1987. There he initially worked in the IVa. Civil Senate , then in the then newly established XI. Civil Senate . In 1990 he moved to the 1st Civil Senate , to which he was a member until 2007, since 1998 as its deputy chairman. In addition, von Ungern-Sternberg was a member of the cartel senate for ten years, also as deputy chairman . He was also sent - for the First Civil Senate and for the Cartel Senate - both to the Grand Senate for Civil Matters and to the Joint Senate of the highest federal courts.

Focus of his judicial work

The focus of his judicial activity were in competition law , in competition law and particularly in the copyright law . Accordingly, the fundamental legal cases in the field of film and broadcasting law decided by the Federal Court of Justice since 1990 have largely been dealt with by Joachim von Ungern-Sternberg as rapporteur. In addition, he penned an unusually large number of fundamental decisions from all areas of responsibility of the First Civil Senate and the Cartel Senate. As an example from copyright law, only the decision " Copy mailing service " (BGHZ 141, 13) from 1999 should be highlighted. This judgment ruled against the use of the freedom to copy by a mailing service which, on request, had sent copies of copyrighted works in the conventional way; It was recognized that the authors are entitled to a remuneration claim for this form of use, which is consistent with freedom of information . From the area of ​​competition law, the decisions "exhaust emissions" (BGHZ 144, 255) and "electrical work" (BGHZ 150, 343) from the years 2000 and 2002 should be mentioned. These have rearranged the group of cases of infringement of competition due to breach of law and limited their scope to cases in which there is a breach of a norm regulating market behavior. With these rulings, the Federal Court of Justice has recognized that the group of cases created by the judiciary of competition infringement through breach of law may not serve as a basis for civil law sanctions in the event of violations of norms of special administrative law. In 2004, the legislature followed this development in case law (Section 4 No. 11 UWG). The " Paperboy " decision (BGHZ 156, 1), whose reporter was also from Ungern-Sternberg, has clarified essential questions of liability for the setting of hyperlinks in Internet law .

In addition to his work in the judicial service, Joachim von Ungern-Sternberg has published a wide variety of scientific articles, including as a co-author of a leading commentary on copyright law.

Individual evidence

1. ↑ ^{a b} Press release of the press office of the Federal Court of Justice of October 31, 2007. Accessed on July 17, 2017 .