Ricken goes it alone

In an interesting development, Peter Ricken left Ganteführer, Marquardt and Partner, Düsseldorf to open his own office. Coincedentally, in the same building as Matterhorn Consulting, where Caroline Sies is the business director and Meiwald and Pilingos are associated.

le Richter Mobile

Richter Neiseke (judge Neiseke) of the County Court of Düsseldorf, on the March 26th, 2003 decided that a temporary injunction is invalid when the initiating party fails to properly deliver or comply with technical requirements.  In this case, Neiseke, with Wirtz and Schmidt assisting, ruled the temporary injunction imposed on a “homo-erotic” website was invalid.

(original decision - German only)

another interesting decision from richter neiseke

In his page long decision, the judge goes on to say, “the temporary injunction is invalid because it was improperly delivered.”

Curiosly, in the case of ZPE-USA.com, Neiseke said something completely different. Although Ted Bowes’ attorney argued the temporary injunction was invaled because it was improperly delivered:

1) The injunctions were delivered in an unmarked brown paper, without any markings to determine sender or importance whatsoever.  The court papers were dumped in a mailbox, without obtaining a signature on delivery.

2) The notarized attests required under German law were not included with the original injunction.

3) Peter Ricken, the initiating attorney, failed to send copies of the injunction to Bowes’ lawyer.

In the four counts issued against ZPE-USA.com, Neiseke prefered to base his decision on unfair business competition rules.

As earlier reported, three (3) of Neiseke’s decision were later overturned by the Upper County Court of Düsseldorf.  The remaining injunction was withdrawn by the initiator’s attorney.