German Bank and Capital Market Law New decision of the Federal High Court of Justice

With the judgement of October 27, 2009, the Highest Appelate Court in Germany for Civil and Criminal Cases (Bundesgerichtshof - BGH) has clarified the dispute - file reference XI ZR 225/08 -, whether a bank is allowed to assign claims in context with the loan of money to third parties without the approval of the borrower/debtor. In contrary to the former jurisdiction and literature, the Federal High Court of Justice considers those assignations in general as permitted.


Harald Nickel
Rechtsanwalt und
Fachanwalt für Steuerrecht
Lehrbeauftragter für Vergaberecht (h_da)

Partner of CONSULEGIS EWIV