Frankfurt-based Litigation partner Michael Weigel and counsel Alexander Druckenbrodt published an article in Deutscher AnwaltSpiegel, reviewing the German Federal Supreme Court's January 26, 2016 judgement of File No. XI ZR 91/14.
The article analyzes the decision from the perspectives of both the plaintiffs and the defendants to explore how it dealt with issues of prima facie evidence in the area of electronic funds transfers. According to Weigel and Druckenbrodt, many of these issues, often initially arising from poor lawmaking, have been disputed in judicial literature and jurisprudence and have now been solved by the court. Their article points out weaknesses of the decision, but generally agrees with the court's judgment.
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