Volker Römermann

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Volker Römermann (born July 13, 1968 ) is a German lawyer .

Career

Römermann studied law at the University of Bayreuth between 1987 and 1993, combined with study visits to Geneva, Paris and Tunis. From 1992 to 1994 he studied business administration at the Fernuniversität Hagen and has been a lawyer since 1996. He is a board member of Römermann Rechtsanwälte AG, Hamburg, managing director of Römermann Insolvenzverwalter GmbH and honorary professor at the Humboldt University in Berlin . He gained notoriety through the trials he had tried and lost in connection with the appointment of lawyers at the Federal Court of Justice .

activity

He advises on legal professional law , corporate law , labor law and insolvency law and is also a specialist lawyer in the last three areas of law . He is the editor and author of publications including a. Management and marketing manual for lawyers (CH Beck 1999), Munich lawyers manual for GmbH (CH Beck, 3rd edition, 2013), commentary on GmbH law (Ed. Michalski, CH Beck, 2nd edition 2010), Nerlich / Römermann, InsO (Verlag CH Beck, loose-leaf publication since 1999). He is chairman of the board of the Institute for Insolvency Law eV, Hanover, president of the German Speakers Association since 2019, and is honorary professor for contract management at the Humboldt University in Berlin .

Judicial policy

Römermann criticizes the practice of appealing lawyers to the Federal Court of Justice . The journalistic prelude to the discussion was a pro and a contra article by Römermann and Rudolf Nirk in the magazine for legal policy 2007. In it Römermann called for the abolition of the BGH legal profession, while Nirk emphasized that the special quality of the selected lawyers led to this that the work of the court works better than it would if over a hundred thousand lawyers capable of learning could represent clients in civil matters before the Federal Court of Justice. In 2013, Römermann himself ran for admission, but was not appointed. He then initiated a series of legal proceedings, in which he was all unsuccessful. The Federal Court of Justice saw no evidence that inappropriate considerations had played a role in the vote on the number of BGH lawyers. The selection among the candidates was also not objectionable. In the choice made by the committee, there could be no question of a “closed shop”. The Federal Constitutional Court did not accept a constitutional complaint that was subsequently lodged for a decision. A related complaint to the European Court of Human Rights (ECHR) was rejected without further explanation.

Publications

  • Note to AG Mannheim, decision of 12.14.2015 - 804 AR 163/15 access of foreign legal entities to German insolvency administrator-shortlisted bankruptcy courts , published in: EWiR (decisions on business law), 3, 83-84, 2016 Publisher: RWS Verlag Communication Forum GmbH.
  • Volker Römermann, Jan-Philipp Praß: Current developments in insolvency law - with special consideration of the new areas of activity as a consultant and consultant liability, published in: GIservice - HDI, 3, 6–7, 2012.
  • Comment on OLG Brandenburg, decision of 02.26.2016 - OLG Brandenburg: “Chancellery” in the name of the partnership , published in: GRUR-Prax (industrial property protection and copyright), 9, 208, 2016, publisher: Verlag CH BECK oHG.
  • The suspension of the obligation to file for insolvency in the COVInsAG and its consequences . In: New legal weekly . No. 16 , 2020, p. 1108-1112 .

Web links

Individual evidence

  1. “This is how lawyers get the honor” in: Legal Tribune Online, January 16, 2014, accessed on September 26, 2016; InDat-Report - specialist magazine for restructuring, reorganization and insolvency 8/13
  2. Energy financier Windwärts files for bankruptcy. In: Spiegel Online. February 10, 2014, accessed September 30, 2016 .
  3. Insolvent Windwärts is saved. In: Handelsblatt. September 25, 2014, accessed September 30, 2016 .
  4. Own presentation In: roemermann.com, accessed on September 26, 2016.
  5. Examples of citations by the BGH BGH, decision of October 16, 2003 - IX ZB 67/03 (question of the authority of an insolvency administrator to resign as a reason for a legal complaint) , last viewed on September 26, 2016; BGH, ruling v. 10. 10. 2011 - AnwZ (Brfg) 7/10 (Corresponding declarations of execution in the procedure due to revocation of admission to the bar) , BGH, default judgment of 2. 12. 2014 - II ZR 322/13, (effective decision on confiscation of the GmbH- Share despite the divergence of the total of the nominal amounts of the remaining shares and the share capital) , BGH, decision of 7.5.2015 - IX ZB 75/14 (requirements for an insolvency plan) , BGH, judgment of 22.10.2015 - IX ZR 100/13 (exclusion the reclaim of agreed attorney's fees in good faith due to non-compliance with the form required by law when agreeing the fee), all last viewed on September 26, 2016
  6. Executive Board In: germanspeakers.org , accessed on May 25, 2020.
  7. Humboldt University of Berlin - Professor Dr. Volker Römermann. In: hu-berlin.de. Retrieved April 27, 2017 .
  8. ^ BGH lawyers: Römermann sued unsuccessfully against electoral proceedings. In: JUVE Verlag for legal information. May 3, 2016, accessed September 30, 2016 .
  9. It shouldn't say who knows whom. In: Legal Tribune Online. October 21, 2013, accessed September 30, 2016 .
  10. Volker Römermann: Best selection or best relationships? - Ten theses about the selection of BGH lawyers. Published in: BB (Betriebs-Berater), 35, 2051–2055, 2016
  11. ZRP 2007, p. 207 in: roemermann.com , last viewed on September 26, 2016. (PDF)
  12. s. e.g. BGH, decision of June 25, 2013 - AnwZ 1/13, NJW 2013, 2907; VG Karlsruhe, decision of September 22, 2013 - 3 K 2354/13 (BeckRS 2014, 45666) Inspection of files, election committee, lawyers at the Federal Court of Justice, administrative legal channels; VGH Baden-Württemberg • Order of April 28, 2014 - 9 S 203/14 , BGH, order of January 16, 2014, file number blacked out ; BGH, decision of 20. 8. 2014 - ANWZ 13.03 ; Judgment of the Senate for Legal Matters of May 2, 2016 - AnwZ 1/14, last viewed on September 26, 2016 with a summary of the facts and important arguments
  13. ^ Judgment of the Senate for Legal Matters of May 2, 2016 - AnwZ 1/14
  14. Constitutional complaint of June 16, 2016 (pdf). June 16, 2016. Retrieved July 28, 2017 .
  15. No violation of fundamental rights apparent. July 14, 2017. Retrieved July 20, 2017 .
  16. BVerfG, decision of the 1st Chamber of the First Senate of June 13, 2017 - 1 BvR 1370/16 - Rn. (1-23). June 13, 2017. Retrieved July 28, 2017 .
  17. Decision of the ECHR of February 8th, 2018 (pdf) February 8, 2018, accessed July 4, 2019 .
  18. ^ Legal dispute election of BGH lawyers. July 4, 2019, accessed July 4, 2019 .