Thomas Hauss
Dr. Thomas Hauss advises companies and entrepreneurs on drafting, negotiation, implementation, and enforcement of commercial law agreements for almost 30 years.
Thomas represents clients both in court and in out-of-court dispute resolution in national and international commercial disputes. He is known for successful and fast results in arbitration, dispute resolution and mediation proceedings.
Compensation Under GDPR Only For Damage Actually Incurred
By Tobias Meyer, Thomas Hauss and Matthias Distler on Aug 9, 2024
Posted In Court Judgment, Regulatory/Compliance
On January 25, 2024 (Case C-687/21), the European Court of Justice ruled in a continuation of its previous data protection case law that a claim for damages based on Art. 82 GDPR does not have a punitive function, but merely a compensatory function. The ECJ thus concludes that a claim for damages always requires the...
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Provision to Curb “Torpedo Actions” also Applies to Asymmetrical Jurisdiction Agreements
By Thomas Hauss, Dr. Damian Hecker and Tobias Meyer on Feb 13, 2024
Posted In Court Judgment, Transportation & Logistics, Germany
In summer 2021, the German Federal Court of Justice ruled on a dispute between the insolvency administrator of the airline Air Berlin and its main shareholder Etihad Airways over millions in damages that had been going on for several years. From a procedural point of view, the Federal Court’s findings on so-called “torpedo actions” are...
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D&O Insurances and Acting Board Members have the Same Burden of Proof in Direct Proceedings with the Injured Company
By Thomas Hauss, Dr. Damian Hecker and Tobias Meyer on Feb 10, 2024
Posted In Court Judgment, Germany
In a recent decision, the Higher Regional Court of Cologne dealt with the extremely topical issue of the distribution of the burden of proof in a direct lawsuit brought by a company against its D&O insurer. The Decision of the Higher Regional Court of Cologne In the case decided by the Higher Regional Court of...
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Executive Board and Managing Directors Not Personally Liable for Anti-Trust Fines Imposed on Company
By Thomas Hauss, Dr. Damian Hecker and Tobias Meyer on Feb 8, 2024
Posted In Court Judgment, Germany
In summer 2023, the Higher Regional Court of Düsseldorf ruled that board members and managing directors are not personally liable for fines imposed on a company. The Decision of the OLG Düsseldorf The case in question concerned recourse claims by two stainless steel companies against their former board member due to his involvement in a...
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