律所要闻 / 條目
€ 50 million award against Indian wind turbine manufacturer Global Wind Power Limited (GWPL) passed in a case filed by Fuhrländer stands finally over-turned and dismissed
In the proceedings of GWPL, represented by PASCHEN, the Higher Regional Court of Cologne has now confirmed (file number 21 U 60/18) the judgement by the Regional Court to dismiss the action. The court followed PASCHEN’s line of arguments claiming the earlier default judgement from 2017 in favour of the insolvency administrator of Fuhrländer AG, Prof. Dr. Dr. Thomas B. Schmidt, to be unlawful. GWPL, which is part of the Indian Reliance Group, had only learned they were ordered to pay € 50 million through the press. PASCHEN had first been granted reinstatement to the previous state and they had then obtained dismissal of Fuhrländer’s/Schmidt’s action for payment of punitive damages. The insolvency administrator’s appeal against this decision was now successfully defended by PASCHEN.
Given the allegation of deficiencies in the processing of the case in first instance, the large international law firm commissioned by the administrator to represent him in front of the Regional Court had joined the legal dispute at the court of appeal on the administrator’s side. Despite being confronted with two highly motivated and potent opponents in the appeal proceedings, PASCHEN’s team succeeded in also convincing the Higher Regional Court that the provision in the licence agreement on which the administrator had based his claim did not meet the standards of German GTC law in this case. The judgement has now become final and binding.