The Federal Court of Justice of Germany (German: Bundesgerichtshof, BGH) in Karlsruhe is the highest court in the system of ordinary jurisdiction (ordentliche Gerichtsbarkeit) in Germany. It is the supreme court (court of last resort) in all matters of criminal and private law. A decision handed down by the BGH can only be reversed by the Federal Constitutional Court of Germany in rare cases when the Constitutional Court rules on constitutionality (compatibility with the Basic Law for the Federal Republic of Germany). (Source: Wikipedia)

Decisions in Civil Matters

Reichsgericht (Imperial Court)

• Judgment of 27 June 1913, failure to undergo an operation and contributory negligence. With a case note. TGCM series.

• Judgment of 11 March 1932, mistake, misrepresentation and defects in goods (Ruisdael case)

Bundesgerichtshof (Federal Court of Justice)

• Judgment of 30 April 1953, official duty of police officers to act against criminals known to be active. TGCM series.

• Judgment of 25 May 1954, damages for misleading publication of a letter in a weekly journal. TGCM series.

• Judgment of 14 February 1958, unauthorized publication of a gentleman show jumper’s portrait (Herrenreiter case). TGCM series

• Judgment of 19 September 1961, violation of personality right (Ginseng advertisement case). TGCM series.

• Judgment of 1963, loss of use of a car as damage. With a case note. TGCM series

• Judgment of 11 January 1971, restitution for wrongs and performance-based restitution (young bulls case)

• Judgment of 7 January 1971, unjustified enrichment (minor flight case)

• Judgment of 10 July 1980, violation of duty of protective care in respect of highways. TGCM series.

• Judgment of 19 January 1984, unjustified enrichment in three party situations (bank transfer case)

• Judgment of 31 January 1990, a contractor’s claim for a quantum meruit in an illicit labour job

• Judgment of 15 November 1983, loss of use of a speedboat as damage. With a case note. TGCM series.

• Judgment of 9 July 1986, loss of use of a house as damage. With a case note. TGCM series.

• Judgment of 9 November 1993, damages for loss of frozen sperm. With a case note. TGCM series.

• Judgment of 24 February 1994, guarantees given by inexperienced persons for the benefit of their relatives

• Judgment of 15 March 1994, failure to undergo an operation and contributory negligence. With a case note. TGCM series.

• Judgment of 10 November 1994, liability for reliance on surveyor’s report. With a case note. TGCM series.

• Judgment of 15 November 1994, damages for false press statements about Caroline of Monaco. With a case note. TGCM series.

• Judgment of 15 February 1995, time limit on exercising a right to avoid for fundamental breach of contract. CISG series.
  

• Judgment of 8 March 1995, suitability of contaminated food for ordinary use. CISG series.

• Judgment of 9 May 1995, product liability for exploding carbonated drink bottle. With a case note. TGCM series.

• Judgment of 28 March 1996, liability for failure to prosecute. With a case note. TGCM series.

• Judgment of 4 December 1996, defect in computerized printing system, avoidance of contract. CISG series.

• Judgment of 25 June 1997, delivery of defective steel, avoidance of contract. CISG series.
  

• Judgment of 16 October 1997, damages for loss of earnings following arrest for suspected breach of trust (Untreue). TGCM series.

• Judgment of 4 November 1997, liability for protest blockade of construction works. With a case note. TGCM series.

• Judgment of 2 April 1998, scope of auditor’s liability for incorrect information. TGCM series.

• Judgment of 24 March 1999, liability of intermediary seller for defective goods (wine wax), mitigation of damage. With a case note. CISG series.
  

• Judgment of 3 November 1999, damage to property due to defective goods, notice period. With a case note. CISG series.
  

• Judgment of 31 October 2001, inclusion and control of standard contract terms. With a case note. CISG series.
  

• Judgment of 9 January 2002, delivery of contaminated milk powder, standard exclusion clause, burden of proof, liability. CISG series.
  

• Judgment of 30 June 2004, radiation contaminated paprika powder, burden of proof, reasonableness of testing. CISG series.
  

• Judgment of 2 March 2005, suspcion of dioxine contamination of pork as defect, time of defect. CISG series.
  

Decisions in Criminal Matters

Bundesgerichtshof (Federal Court of Justice)

• Judgment of 3 November 1992, concerning shootings of fugitives by GDR border guards