PIL instrument(s)
Rome I
Case number and/or case name
OVG Berlin-Brandenburg, 9.1. 2012 - 2 M 30/11
Details of the court
Germany, Second Instance
Articles referred to by the court
Rome I
Article 3
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Article 4
Paragraph 1 SubParagraph b
Date of the judgement
08 January 2012
Appeal history
None
CJEU's case law cited by the court
None
Summary
The applicant started an application for assignment of a lawyer from Ukraine in a German proceeding. This was declined by the Administrative Court and this decision was confirmed by the Higher Administrative Court. The argument of the courts was that this would be in conflict with German law, for example with regard to the compensation of the lawyer. Assigned lawyers do not have a claim for compensation under German law. However, with regard to a foreign lawyer, this claim would be determined according to the law of the seat of the lawyer according to Artt. 3, 4 para. 1 lit. b which would be Ukrainian law in this case. Such a conflict should be prevented.

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