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Art. 31 CMR, German Jurisdiction and Lithuanian Law: When Forum Selection Fails but Choice-of-Law Prevails
The recent judgment of the District Court Groß-Gerau offers an instructive illustration of the complex internaction between the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Brussels I Regulation and the Rome I Regulation in cross-border transport disputes. I. Introduction Cross-border road transport disputes within the EU frequently raise […]
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Panama Papers Reveal True Owner: Court Orders Return of $25M Modigliani
On 3 April 2026, a New York court ordered the return of a $25 million Modigliani painting looted during the Nazi era, bringing to an end an 11-year legal battle between the heirs of a Jewish art dealer and the prominent Nahmad art dealing family. In Greason v. Nahmad (2026 NY Slip Op 50461), the […]
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An Email can interrupt limitation of CMR-claims, but if the carrier agrees to provide original CMRs, it has to provide originals: Recent Guidance from the Munich Court of Appeal
A. Background of the Case The Higher Regional Court (OLG) Munich (judgement of 15 January 2026, case no. 14 U 3118/25 e) recently dealt with a dispute over freight remuneration for four international road transports carried out in late September and early October 2023. The carrier (plaintiff) had invoiced a total of EUR 8,040 to […]
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A state cannot be insulted – says the German Supreme Court
The Kingdom of Marokko failed with a claim against a publisher who had alleged that Marokko was using “Pegasus” surveillance software. The German Supreme Court held that a souverain state does not have title to sue in a defamation claim. 1. Overview of the Decision In its judgment of 24 February 2026, the German Federal […]
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US Congress passes revised HEAR Act removing barriers to Nazi-looted art claims
For decades, restitution claims for Nazi-looted art have often failed not on substance, but on procedural defenses—laches, statutes of limitations, or even acquisitive prescription.The HEAR Act 2025 changes this fundamentally: these defenses are largely set aside, and claims are to be decided on their merits. The U.S. Congress has passed the Holocaust Expropriated Art Recovery […]
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Judicial Review of EU Sanctions Before the General Court: Alfa-Bank v Council (Case T-898/25)
I. Introduction Judicial review of European Union sanctions has become a recurring feature of EU litigation since the expansion of restrictive measures following Russia’s invasion of Ukraine in 2022. Numerous individuals, companies, and financial institutions have sought annulment of EU listings before the General Court of the European Union, challenging both the factual basis and […]
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Enforcement Measures on Frozen Libyan Assets Require Prior Administrative Authorisation
Cour de cassation (2e civ.), 5 February 2026, No. 23-15.936 1. Introduction and procedural background In its judgment of 5 February 2026 (No. 23-15.936), the Second Civil Chamber of the Cour de cassation dismissed an appeal against a decision of the Paris Court of Appeal (2 February 2023), confirming that no enforcement measure may be […]
