Julius Reiter

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Julius Reiter (born May 17, 1964 in Neumünster ) is a German lawyer , author and professor for business law with a focus on banking , IT law and compliance at the FOM University (Düsseldorf), who specializes in investor and data protection as well as the legal area Has prescribed compliance. Together with Federal Minister a. D. Gerhart Baum initiated several successful constitutional complaints, including against the so-called “ online search ”.

Career

Reiter grew up as the son of an Italian-American mother and a German father in northern Germany and Italy (Parma) and studied law at the Universities of Kiel , Paris and Cologne . In 1995 he passed the first state examination in law. He completed his legal traineeship at the Düsseldorf Higher Regional Court and the Speyer University of Applied Sciences . The second state examination in law followed in 1998. He then did his doctorate at the Humboldt University in Berlin. During this time he worked for seven years as a research assistant for Gerhart Baum in the German Bundestag (Bonn). With the completion of the second state examination, Reiter began working as a lawyer. In the same year he became a partner in a law firm specializing in banking and capital markets law. In 2001, together with Olaf Methner, he founded the law firm baum reiter & collegen in Düsseldorf with a focus on bank liability, capital investment and credit law, IT and labor law . In the same year he completed the specialist lawyer course for labor law . Reiter has been a specialist lawyer for banking and capital markets law since 2008 . He is regularly appointed as an expert in legislative proceedings of the Bundestag: Finance, Legal and Consumer Committee. Since 2011 he has also been a lecturer at the FOM University (Düsseldorf), where he teaches banking and credit law as well as IT law. In 2012 he was appointed Professor of Business Law . Reiter has been a specialist lawyer for information technology law since 2014 . With his law firm he represented those affected by data scandals at Telekom and the data protection affair of Deutsche Bahn AG. For years, the management of Deutsche Bahn had filtered 150,000 emails per day. The CEO of Deutsche Bahn, Hartmut Mehdorn , then resigned and gave a “political campaign” against him as a reason for resignation. Julius Reiter is one of the co-opted scientists of the Institute for Strategic Finance (isf). With his law firm, he represents around 100 victims and survivors of the Love Parade disaster in Duisburg . In the VW emissions scandal, his law firm represents several thousand affected diesel drivers. At the coalition negotiations of the state government of North Rhine-Westphalia in 2017, Reiter was involved in the coalition negotiations in the working group on home affairs , law and justice   . In 2017 Reiter was appointed to the Bosbach government commission "More security for North Rhine-Westphalia". As one of 16 experts in the field of internal security, Reiter holds the position as an expert in information technology law. He is also a founding member and advisory board of the citizens' movement Finanzwende e. V. and the lobby for democracy (Düsseldorf). Since June 2019 he has been a board member of Transparency International Deutschland e. V. (Berlin).

author

In 2009, Julius Reiter published the specialist book “Abkassiert.” Together with Gerhart Baum and Olaf Methner. The scandalous methods of the financial sector ”, in which the authors appeal for more consumer protection in the financial sector. In 2012 his specialist book "Avoiding economic crime with compliance" was published. The book discusses methods of detecting and preventing criminal offenses such as B. Balance shift, while at the same time observing compliance . Reiter is the author of various publications in legal journals and specialist books.

social commitment

In 2003 Julius Reiter founded the Lions Club Düsseldorf-Schloss Benrath. The special aim of this service club is to support projects for children and young people in need in the south of Düsseldorf.

Special cases

  • Together with Gerhart Baum and Peter Schantz, Julius Reiter successfully filed a constitutional complaint against the online search . The Federal Constitutional Court declared on 27 February 2008 large parts of the law unconstitutional. The reasoning for the judgment stated that there must be “a core area of ​​unobserved communication .” On the basis of this constitutional complaint, the Federal Constitutional Court justified the so-called “basic computer right” as an extension of the general right of personality.
  • Constitutional complaint against data retention : Gerhart Baum was the complainant in these proceedings, Julius Reiter's law firm (baum reiter & collegen) acted as an agent before the Federal Constitutional Court . The complaint was directed against the legal obligation to save all telephone connection data for six months without cause. This law was declared unconstitutional and null and void due to the constitutional complaint.
  • Constitutional complaint against " ELENA " (electronic remuneration statement procedure): This legislative procedure concerned the possibility of central storage of all employee data. The law firm represented the complainant u. a. a professional judge, but the implementation of the law was discontinued before a decision by the Federal Constitutional Court due to the constitutional concerns raised. This procedure shows that it makes sense to accompany the legislative activities with public relations as early as possible.
  • Constitutional complaint against the new version of the BKA Act: In these proceedings, Reiter's law firm was authorized representative and represented representatives of the professional groups of doctors, journalists, lawyers, etc. a. The constitutional complaint was directed against the legal possibility of being able to wiretap even those who have kept secrets. The constitutional complaint against the BKA law was successful.
  • Telecom spying affair: Julius Reiter's law firm represented the employee representatives on the Deutsche Telekom Supervisory Board affected by illegal spying from 2006 onwards, as well as affected works councils and their employees. Telekom made compensation payments for the violation of general personal rights. The criminal proceedings against those responsible are not yet fully completed.
  • Data protection affair Deutsche Bahn AG: In 2009, Julius Reiter's law firm was commissioned by the Supervisory Board of Deutsche Bahn to conduct special investigations to clarify the data protection affair at Deutsche Bahn . This involved screening of personal data, filtering e-mails and spying on rail critics from the parliamentary environment. As a result, almost the entire board of Deutsche Bahn AG was replaced on the basis of the final report.
  • Love Parade proceedings: The law firm represents over 100 victims and survivors of the Love Parade disaster in Duisburg. With the complaint against the decision to discontinue the Duisburg Regional Court , Reite ensured that the Düsseldorf Higher Regional Court overturned the decision and ordered the opening of criminal proceedings.

Ranking

The US publisher Best Lawyers regularly conducts a survey of recommendable colleagues for the Handelsblatt among German lawyers . From 2013 to 2020, Reiter was named by the competition as an expert in banking and banking regulatory law, and in 2018 as an expert in financial law.

Publications (selection)

Specialist literature

  • with Michael Harz, Raimund Weyand, Olaf Methner and Daniel Noa: 'Avoiding economic crime with compliance', risk prevention, early detection, case studies . Schäffer-Poeschel Verlag 2012, ISBN 978-3-799-26472-3 .
  • with Gerhart Baum and Olaf Methner “Cashed in - the scandalous methods of the financial sector” . Rowohlt Verlag 2009, ISBN 978-3-498-00662-4 .
  • 'History and constitutional theory of the Italian Carta del Lavoro', legal history series, vol. 316. Peter Lang Verlag 2005, ISBN 978-3-631-54340-5 .

Comments and contributions

  • with Gerhart Baum and Olaf Methner in: Derleder / Bamberger / Knops, manual on German and European banking law § 34: Termination of the loan agreement . Springer Verlag Vienna, ISBN 978-3-540-76644-5 .
  • with Olaf Methner in: Haufe-Praxishandbuch Company Pensions Group 3, p. 13 ff .: Content, limitations and principle of equal treatment for pension commitments . Haufe, ISBN 978-3-448-08329-3 .
  • with Olaf Methner in: Data protection in health care: Basics, concepts, implementation , pp. 377-388: Compliance . Berlin 2016, ISBN 978-3-95466-257-9 .

Essays and decisions

  • with Stefan Heinemann and Alexander Zureck: The value of a career versus a career with values? . In: bdvb aktuell, 2012, vol. 118, no. 4, pp. 26-27.
  • BGH: obligation of the contractual partner of an investor to inform about the payment of sales commissions . In: BetriebsBerater, 2012, No. 9, p. 538.
  • Product information sheets and liability . In: Koschyk, H., Leible, S., Schäfer, K. (Ed.), Investor Protection and Stability of Financial Markets, Jena 2012, JWV Jenaer Wissenschaftliche Verlagsgesellschaft, pp. 229–234.
  • “Claims-made principle” and limitation of liability for D&O insurance (comment on OLG Munich, ruling of May 8, 2009) Decision-making discussion . In: VuR 2009, 306–307.

with Olaf Methner:

  • Data protection in the vehicle . In: Journal of Innovation and Technology Law, Frankfurt am Main 2015, 29–34.
  • The collision of interests with the investment advisor - differences between fee and commission advice - . In: WM 2013, 2053–2059.
  • Inadmissible deferred compensation: Gezillmerte tariffs for company pension schemes . In: VuR 2010, 136–140.
  • Investor Protection Bill - Restoring Confidence in Times of Financial Crisis . Guest comment. In: Der Betrieb 2009, Issue 14, Editorial
  • The enforcement submission for sold loan collateral - Current case law and legal situation according to the Risk Limitation Act - article. In: ZGS 2009, 163–169.
  • "Standard" or "deadline" solution? For the interpretation of the statute of limitations transitional provision of Art 229 § 6 EGBGB . VuR 2006, 424-429.
  • Decision meeting | Fort effect vain trustee authority also prolongation . VuR 2005, 327-332.
  • Prospects for the "real estate revocation" - Comment on the Opinion of Advocate General Philippe Leger, Case C-229/04 . VuR 2005, 281-285.
  • State liability for revocation regulation contrary to European law . VuR 2004, 52-58.
  • Decision meeting | Practical legal training of the BGH for credit-financed investments (also comment on BGH, Urt v 14-6-2004, Az II ZR 393/02) . VuR 2004, 365-371.
  • Decision meeting | BGH judgment on the invalidity of the trustee power of attorney for closed real estate funds - comment on BGH, judgment of 16-12-2002 (II ZR 109/01). VuR 2003, 172-176.
  • with Olaf Methner and Bernd Müller: Customary market mortgage interest rates for consumer loans . BKR 2003, 824-830.
  • Decision meeting | Liability of the bank for clarification errors made by the intermediary . VuR 2003, 219-223.
  • The importance of investment fraud and other economic crimes using the example of a current case - awakening of Section 264a of the Criminal Code from its slumber . VuR 2003, 128-134.
  • Decision meeting | Fundamental decision on liability for negligence in advising closed real estate funds (“Dreiländerfonds DLF 94/17” - financial service provider AWD) . VuR 2002, 398-403.
  • Decision meeting | Reply to the essay Reiter / Methner, "Ineffectiveness of a trustee power of attorney for depletion " . VuR 2002, 227-228.
  • Decision meeting | Ineffectiveness of a “trustee power of attorney for depletion” - comment on BGH, ruling of 18-9-2001 (Az XI ZR 321/00) and ruling of 11-10-2001 (Az III ZR 182/00) . VuR 2002, 57-62.
  • Decision meeting | Details on the applicability of the Doorstep Cancellation Act to real estate loan agreements - trend-setting legal training . VuR 2002, 316-320.
  • Decision meeting | Applicability of the Doorstep Cancellation Act to Loan Agreements - Strengthening Consumer Protection or Legal Theory? . VuR 2002, 90-93.
  • Decision meeting | New case law on trust models - comment on BGH, judgment of 28-9-2000 (VuR 2001, 63) . VuR 2001, 193–198.

with Gerhart Baum:

  • Legislative pent-up demand for improved investor protection . BKR 2002, 851-856.

Web links

Individual evidence

  1. ↑ Deutsche Bahn is said to have filtered 150,000 emails per day for years Heise online source from March 28, 2009
  2. ↑ German Institute for Portfolio Strategies , accessed on February 24, 2014.
  3. ↑ The members of the government commission | The state portal Wir in NRW. January 17, 2018, accessed March 21, 2018 .
  4. ^ Lions Club Düsseldorf-Schloss Benrath , accessed on February 24, 2014.
  5. ^ Federal Constitutional Court, judgment of the first Senate of February 27, 2008
  6. ^ Federal Constitutional Court, judgment of the first Senate of March 2, 2008, 1 BvR 256/08, 1 BvR 263/08, 1 BvR 586/08
  7. ↑ Handelsblatt: The best lawyers in Germany Source: Best Lawyers As of June 2017
  8. ↑ Best Lawyers. October 5, 2017. Retrieved October 5, 2017 .
  9. ↑ Germany's best lawyers. Retrieved September 21, 2018 .
personal data
SURNAME Reiter, Julius
BRIEF DESCRIPTION German lawyer, author and professor (business law, IT law)
DATE OF BIRTH 17th May 1964
PLACE OF BIRTH Neumunster