Our client, an Italian refrigerated freight forwarder, is held liable by her client for damage amounting to 65,102.55 €.
The Mönchengladbach Regional Court and the Düsseldorf Higher Regional Court upheld this claim. Due to the complaint of non-admission to the Federal Supreme Court, the judgment of the Higher Regional Court Düsseldorf is annulled and the proceedings are reopened.
The issue at issue was whether a third-party notice served on our client in the German language was effective and could thus be binding on the one hand and, on the other hand, interrupt the statute of limitations. The Düsseldorf Higher Regional Court considered this to have been the case, although our client demonstrated in evidence that she had returned the third-party notice to the sender in the absence of an existing translation into the Italian language. Moreover, our client objects to the assumption that the third-party notice was executed by the person actually entitled.
The Federal Court of Justice set aside the judgment of the Higher Regional Court of Düsseldorf on the grounds of the violation of § 103 GG (right to be heard in court by the court that made the decision). This procedure is characterised not only by the fact that two Italian parties are at loggerheads before German courts, but also contains numerous procedural particularities, in particular with regard to problems arising from service abroad.
Not least this judgment shows that litigation with foreign parties requires great care. NRG NUSSBAUM Rechtsanwaltsgesellschaft mbH is constantly entrusted with international matters and can successfully support you in this regard. Particularly in Italian legal relations, our law firm is constantly entrusted with mandates.
We are happy to support you with legal questions in international and national transport law!