Law Draft for Modernization of the German Law of Obligations and Amendment of the European Public Prosecutor’s Office Act
On January 15, 2025, a draft law was published titled “20/14503: Draft Law for Modernization of the German Law of Obligations and Amendment of the European Public Prosecutor’s Office Act (PDF).” This draft law aims to modernize the German Law of Obligations and amend the European Public Prosecutor’s Office Act.
Key Provisions of the Draft Law:
- Extension of the statute of limitations for claims arising from tortious acts: The statute of limitations for claims arising from tortious acts would be extended from three to five years.
- Introduction of a new provision on contributory negligence: A new provision would be introduced to allow courts to reduce damages awarded to a plaintiff who is found to have contributed to their own injuries.
- Simplification of the rules on contractual penalties: The rules on contractual penalties would be simplified to make them easier to understand and apply.
- Amendment of the European Public Prosecutor’s Office Act: The draft law would amend the European Public Prosecutor’s Office Act to align it with recent changes to the EU legal framework.
Background:
The German Law of Obligations has not been comprehensively modernized since the 19th century. The proposed changes aim to bring the law up to date with modern legal developments and to make it more accessible and easier to apply.
The amendment to the European Public Prosecutor’s Office Act is necessary to ensure that the German authorities are able to cooperate effectively with the European Public Prosecutor’s Office in the fight against cross-border crime.
Next Steps:
The draft law will now be debated in the German Bundestag. If passed, it is expected to come into force in 2026.
20/14503: Gesetzentwurf Entwurf eines Gesetzes zur Modernisierung des Verpflichtungsgesetzes und zur Änderung des Europäische-Staatsanwaltschaft-Gesetzes (PDF)
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