15.07.2016
15.07.2016
Successful “torpedo claim” against an international tank container company before the Higher Regional Court of Hamburg
As part of the Hamburg division of the Complex Disputes Team, Dr. Florian Schulz, Bernhard Warti and Judith Schommartz have successfully obtained a non-liability declaratory relief before the Higher Regional Court of Hamburg against a company seated in London and registered on the British Virgin Islands (judgement by default, subject to appeal).
The sued company threatened the German manager of three English Tank Lease LPs as well as the initiator of several German investment funds to bring an action for damages in the High Court of Justice in London. In order to defend against the alleged claims and to avoid expensive litigation in English courts, the Hamburg division of the Complex Disputes Team filed a claim before the Higher Regional Court of Hamburg and successfully obtained a non-liability declaratory relief against the tank container company.
According to Art. 29 of the Regulation (EU) No 1215/2012 of 12 December 2012 (Brussels Ia Regulation), where cross-border proceedings involve the same parties and courts in different Member States have jurisdiction, the court first seized is competent in terms of international juris-diction. The non-liability declaration relief pursuant to Sec. 256 of the German Code of Civil Pro-cedure is the appropriate means of defending in German Courts against unfounded claims and to prevent expensive litigation in other jurisdictions. In the case at hand, the commenced proceed-ings in Germany prevented the other party from bringing a claim in an English court. In the legal world, such move is known as a “torpedo claim”, which blocks the other party from starting pro-ceedings in another court in order to avoid contradictory court decisions.
 | Dr. Florian Schulz M.B.A. (Nimbas) |
 | Bernhard Warti |
 | Judith M. Schommartz, LL.M. (New York) |
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