Science and Research News
Appointment of Dr. Liuhua Shen as Jinshan Distinguished Professor at Jiangsu University in China
We congratulate Professor Dr Liuhua Shen on her appointment as Jinshan Distinguished Professor at Jiangsu University in China. After completing her doctorate at Peking University in China, Professor Dr. Liuhua Shen worked as a research assistant to Prof. Dr. Thomas M.J. Möllers from 2014 to 2022. During this time, she completed her L.L.M., worked at the research institute RICE (Research Center of Innovation and Legal Studies between China and Europe) founded by Professor Möllers and taught Chinese law. She remained at the Faculty of Law as a lecturer in Chinese law and continues to be responsible for academic exchange with China at RICE. We wish Professor Dr Liuhua Shen good luck and success in her new position!
Chinese New Year (庆祝兔年春节)
To celebrate the Chinese New Year on 24 January, Professor Möllers invited six doctoral students and visiting scholars supervised by the RICE Research Unit in Augsburg and Munich to a joint lunch. Due to the very great success of the Chinese edition of Juristische Methodenlehre, which has sold more than 10,000 copies in China in the six months since its publication, the plan arose to offer a seminar on "Juristische Methodik" this year. During the discussion session, Professor Möllers introduced the process and characteristics of legal methodology and gave the young scholars useful advice on how to write a good thesis.
(Photo: 1st row from left: Dr Gan Tan, lecturer at Southwest University of Political Science and Law; Dr Zhiwei Tang, Peking University Law School; Professor Dr Thomas Möllers; Jiajun Ma, Nanjing University Law School;
2nd row from left: Dr Liuhua Shen, RICE Uni Augsburg; Huanji Li, Tsinghua University Law School; Jiangjun Zheng, Southwest University of Political Science and Law; Jizhong Wang, East China University of Political Science and Law).
Möllers, Legal Methods 法学方法论
The Chinese edition of the book "Legal Methods" has attracted much attention and an enthusiastic response from readers after its publication in China at the end of July 2022. The Chinese news of 31 December 2022 reported that the book won two prizes at the China Law Book Awards.
First, the book was ranked No. 1 by Peking University Press as the best-designed law book among hundreds of law books in 2022 because of its design.
Secondly, the Dewey Law Commune, a public WeChat platform with great renown in China's legal community, selected the ten most influential books on the rule of law in China for that year. Legal Methods was also chosen.
The respective coverage in Chinese can be found on the following page.
Anniversary Publicaton in honour of Professor Charl Francois Hugo
An anniversary publication has been published in honour of Professor Charl Francois Hugo on the occasion of his 65th birthday in July 2022 and his well-deserved retirement. The "Festschrift" is available online on the website of the Potchefstroomse Elektroniese Regstydskrif (PER) / Potchefstroom Electronic Law Journal (PELJ), which publishes it as a special edition for Charl Hugo. Professor Möllers' contribution deals with comparative law, which promises to increase knowledge. Looking at other legal systems enables a more differentiated understanding of the rules of one's own country. While comparative law traditionally starts from a concrete problem, this contribution will examine why legal views often differ greatly from country to country. The following article compares three major economic powers: the United States, the People's Republic of China and the Federal Republic of Germany. It looks at the differences between a liberal and a social market economy and the role of the constitution in society. Finally, the question of when different concepts of justice can converge is explored.
Newest Developments in Capital Market law – The Wirecard Scandal – Facts and the Reaction by the Law Maker and the Courts 丑闻: 案情与立法者及法院的应对 - Guest lecture at Zhongnan University of Economics and Law (People‘s Republic of China), Wuhan
On 6 December 2022, Professor Möllers held his lecture "Newest Developments in Capital Market law - The Wirecard Scandal Facts and the Reaction by the Law Maker and the Courts" as part of the Global Law Perspective lecture series at the Chinese Zhongnan University of Economics and Law (People's Republic of China) in Wuhan via Zoom. The number of participants alone, approx. 700 academic staff, students of the university and renowned Chinese professors, shows the positive response to the event.
Professor Möllers discussed current developments in capital market law, especially with a focus on the Wirecard scandal.
Maximilian Merwald, research assistant at Professor Möllers' chair, appeared as commentator at the event. (...)
MIPLC Graduation Ceremony 2022
On Friday, November 18, the Munich Intellectual Property Law Center (MIPLC) Class of 2021/2022 received their Master of Laws (LL.M.) degree at one of the largest MIPLC graduation ceremonies ever. The MIPLC and cooperative partners (University of Augsburg, Max Plank Institute for Innovation and Competition, Technical University of Munich (TUM), and The George Washington University Law School) honored and celebrated their achievements. The ceremony was held at TUM School of Engineering and Design with close to 200 guests.
On the Augsburg side, the MIPCL was also represented by Prof. Dr. Thomas M.J. Möllers, University of Augsburg; Prof. Dr. Josef Drexl, Max Plank Institute for Innovation and Competition; and Prof. Dr. Michael Kort, University of Augsburg.
On the following picture picture you can see the Graduates of Class of 2021/2022 joined by some of MIPLC Board Members: Prof. Dr. Thomas M.J. Möllers, University of Augsburg; Prof. Dr. Josef Drexl, Max Plank Institute for Innovation and Competition; Prof. Robert Brauneis, The George Washington University Law School; Prof. Dr. Michael Kort, University of Augsburg; Prof. Timo Minssen, University of Copenhagen; and Prof. Dr. Anna Tischner, Jagiellonian University.
Lecture Program Global Law Perspective in Winter Semester 2022/23 and Summer Semester 2023
After the initial event "How Lawyers Think" on November 9, 2022, the Forum's Global Law Perspective lecture series on new developments in law from a global perspective will feature a series of further lectures by highly regarded professors on current topics in civil, commercial, criminal and capital markets law in the winter semester of 2022/23 and summer semester of 2023. The lectures will last two hours each, with the main speaker speaking for 1-1.5 hours and two commentators, one Chinese and one German, following with 10-15 minutes each. All lectures are also addressed to Chinese students, research assistants as well as professors and are organized in cooperation with reputable Chinese universities. (...)
How Lawyers are Thinking 法律人如何思考？ - Guest Lecture at Zhongnan University of Economics and Law (People's Republic of China), Wuhan
On November 9, 2022, Professor Möllers presented his lecture "How Lawyers are Thinking" as part of the Global Law Perspective lecture series at China's Zhongnan University of Economics and Law (People's Republic of China) in Wuhan on Zoom. The number of participants of approximately 700 scientific staff, students of the university as well as renowned Chinese professors alone shows the positive resonance of the event.
In terms of content, Professor Möllers addressed the essential contents of his monograph "Juristische Methodenlehre" (Legal Methodology) as well as "Juristische Arbeitstechnik und wissenschaftliches Arbeiten" (Legal Techniques and Scientific Work).
Tobias Manhardt, research assistant at the chair of Professor Möllers acted as commentator of the event.
As part of the lecture series, the same lecture will take place next at the Ning Bo University Law school (People's Republic of China) on November 16, 2022 on Zoom (...)
Series of lectures in Palermo - Legal Methods and the Harmonization of Private Law in Europe
After the Corona crisis had subsided, the lecture series in Palermo could be resumed. Professor Dr. Möllers held two lectures. The first one "Legal Methods and the Harmonization of Private Law in Europe" presented the primacy of European law and compared the German legal situation with the Italian one. Specifically, the PSPP ruling and the case law of the Federal Constitutional Court were critically assessed. The Law Faculty of the University of Palermo has a multi-year doctoral program and, within this framework, an elite postdoctoral program. Postdoc candidates Giancarlo Geraci and Giuseppe Rocchè commented on the lecture. A second lecture on October 7, 2022, was on the scope and limits of interpretation or further development of the law in conformity with directives. In this presentation, Prof. Dr. Möllers compared the German and Austrian situation. Co-presentations followed by Laura Cacopardi, Carla Failla, Paolo Iervolino and Ruggero Siciliano.
100,000 Chinese lawyers read "Legal Methodology" 法学方法论 online together
The Chinese edition of the book "Legal Methodology" officially went on sale in Beijing at the end of July 2022, attracting great attention and response from Chinese lawyers.
On August 25 at 1:00 p.m., the most well-known legal reading platform in China, "Jotai Book & Sound," invited ten leading Chinese law professors and scholars to a book reading of Professor Möllers' work. The event took place online and was open to a wide audience, especially lawyers. It received 106,700 views on the Chinese web and lasted just about four hours. (...)
New Publication in "The Columbia Journal of European Law" (CJEL)
While "sustainability" is gaining more and more contours, the positions of states and companies as issuers of financial products and of the demanding investor have so far been insufficiently regulated. Thus, the problem of misleading the investor (greenwashing) remains largely unsolved. But in capital markets law, the principle of rational investor decision-making and the instruments of a summary and justification are well known. Professor Möllers' paper "European Green Deal: Greenwashing and the Forgotten Good Corporate Citzizen as an Investor" which has been published in the renowned Columbia Journal of European Law (CJEL) uses numerous examples to show how they can be used to avoid greenwashing and the disadvantages of information overload.
Computergesteuerte Sprachempirie - was nützt sie dem Recht? published in: Tripps/Vogel/Walter (eds.), in: Korpuslinguistik im Recht
In early May 2019, corpus linguists and legal professionals discussed corpus methodology, which is promising to democratize legal language, in the rooms of the Academy of Sciences in Heidelberg under the leadership of Prof. Tonio Walter (University of Regensburg). The recently published conference proceedings present empirical studies on concrete examples of application in separate topic blocks on the individual areas of law, which are then critically commented on by relevant legal professionals and classified in terms of their relevance for legal practice. In his contribution, Professor Möllers looks at the topic of computerized speech empiricism primarily from a methodological perspective, presenting few theses but raising all the more questions.
Published: Möllers, Juristische Methodenlehre 法学方法论
The Chinese edition of the book "Juristische Methodenlehre" was officially published in China by Peking University Press on July 20, 2022.
The work has already had four editions since 2017. It is cited by legal literature and jurisprudence. It has been translated into English under the title "How to work with legal arguments, 2020". It complements the book "Juristische Arbeitstechnik" (法律研习方法--作业、考试和论文写作), which was published in China in 2019 and has now sold more than 15,000 units. The book describes the main argumentation figures and develops a modern legal methodology.
The publication in China is accompanied by a large advertising campaign. (...)
BKR 5/2022, Auditor’s opinions and the Capital Markets Model Case Act (KapMuG)
In the current issue of BKR, Professor Möllers discusses, in the context of the falsification of the balance sheet and the accompanying insolvency of Wirecard, how the auditor's report on a company's annual financial statements can be qualified as public capital market information pursuant to Section 1 (2) KapMuG. Because the issue has not yet been discussed, the legal methodology must be used to clarify whether claims for damages based on the auditor's opinion can be made the declaratory target of KapMuG proceedings.
New Publication: Möllers/Manhardt, WuB 2022, 197
If an entrepreneurial company within the meaning of § 5a GmbHG does not - as provided for by law - indicate its legal form and the limitation of liability in the company name, its representative appearing in legal transactions is liable for the incorrect legal appearance thereby created pursuant to § 311 (2) and (3), § 179 BGB analogously.
Professor Möllers and Tobias Manhardt comment on this ruling of the Federal Supreme Court (BGH) of 13 January 2022 (Case No. III ZR 210/20) in their comments on the ruling: Methodologically, the analogy to § 179 BGB made by the BGH is not convincing.
New Publication: Möllers/Li (Ed.) Between Tradition and Modernity - The Special Section of the New Chinese Civil Code
On 1.1.2021, the new Civil Code of the People’s Republic of China, adopted on 28.05.2020, came into force. This is a major step on the way towards a unified civil code, which goes back to the beginning of the 20th century. (...)
Visit by two doctoral students from the CUPL - 中国政法大学博士生来访请教法学方法论专题
On 12 April 2022, doctoral students Mr Guobang Wu and Ms Yi Li, LL.M. from the Chinese University of Political Science and Law (CUPL) visited RICE. The discussions with Professor Möllers focused on basic theories and methods of law in Germany. Furthermore, the organisation of a symposium in the context of the publication of the monograph "Juristische Methodenlehre" in Chinese in Beijing in June 2022 was discussed. Mr Wu is currently doing his doctorate at the University of Vienna, while Ms Li is a visiting researcher at the University of Münster.
Lecture at Washington and Chapel Hill, USA
In March and April 2022, Professor Möllers spent time in the USA on a research visit. He held a lecture on "The Green Deal and Sustainable Finance" at George Washington University Law School and at the University of North Carolina at Chapel Hill. At the University of North Carolina at Chapel Hill, he also focused on the current topic "War in Europe: Ukraine and Russia - political, economic, and legal consequences".
The ECB and Its Watchers XXII, March 17th in Frankfurt
At the conference "The ECB and Its Watchers" central bankers, financial market participants and academics discuss current issues of monetary policy and financial stability. The impact of the Ukraine war as well as the significance of climate change and the green transformation on monetary policy were at the forefront of this year's conference on March 17th in Frankfurt. (…)
Publication in Greek journal Ευρωπαϊκό δίκαιο
24 March 2022
The article by Professor Möllers "Green Deal: Greenwashing, Information Overload und der vergessene Good Corporate Citizen as Investor", which appeared in ZHR 6/2021, has since been translated into Greek and appeared in the current issue 4/2021 of the Greek journal Ευρωπαϊκό δίκαιο (European Law).
online lecture at Babcock University, Nigeria
On 11 March, Professor Möllers gave an online lecture to the School of Law and Security Studies at Babcock University in Nigeria. The topic was the Ukraine conflict from a political, economic and legal perspective as well as the basics of legal methodology. The audience consisted of professors, students and practitioners with connections to the School of Law and Security Studies at Babcock University. Following the lectures, there was an opportunity for discussion and a lively exchange developed.
12th Doctoral Seminar in Fischbachau
Over 100 doctoral theses have been supervised at Professor Möllers' chair to date. Active contact is maintained with former doctoral students. For example, a doctoral student seminar is held every two years, which offers former and current doctoral students the opportunity for scientific exchange. On the first weekend in March 2022, they met for the 12th time in Fischbachau. In addition to the lectures by current and former doctoral students, there was also plenty of fun.
Appointment of Dr Isabella Brosig-Hoschka to the professorship of Private Business Law and International Business
We congratulate Prof. Dr. Isabella Brosig-Hoschka on her appointment to the Faculty of Business Administration at Kempten University of Applied Sciences for the summer semester of 2022. Prof. Dr. Isabella Brosig-Hoschka worked as a research assistant at the chair of Professor Dr. Thomas M.J. Möllers between the winter semesters of 2014/15 and 2017/18 and completed her doctorate on a capital market law topic during this time. Afterwards, she remained associated with the Faculty of Law as a lecturer in banking and capital market law. We wish Prof. Dr. Isabella Brosig-Hoschka much joy and success in her new task!
New Publication: Cologne Commentary on the Securities Acquisition and Takeover Act, 3rd. ed., 2022
At the beginning of January, the 3rd, revised and expanded edition of the Cologne Commentary on the Securities Acquisition and Takeover Act (Kölner Kommentar zum WpÜG) was published by Carl Heymanns Verlag.
Professor Möllers' annotations can be found under:
§ 12 (Liability for Offer Documentation), pp. 755-829,
§ 13 (Offer Finance; Liability of Financial Service Providers), pp. 830-889,
§ 23 (Publicity Duties after Publication of Offer), pp. 1317-1377.
50 Jahre Juristische Fakultät Augsburg (50 Years Faculty of Law Augsburg)
The Festschrift is published on the occasion of the 50th anniversary of the founding of the Augsburg Law Faculty, which began its studies in October 1971. In 25 essays, Augsburg law scholars address current developments and fundamental questions of law as well as aspects of the faculty's history.
The contribution by Professor Möllers, "Der Bilanzskandal von Wirecard und das Versagen der Finanzbranche" (The Wirecard accounting scandal and the failure of the financial sector), aims to demonstrate in a first step why there is a failure of the entire financial sector if not a single one of the players intervenes, although all market participants are aware of the allegations of incorrect balance sheets. The causes lie in behavioural finance, but also in the inadequate state of German and European capital market law.
Green Deal: Greenwashing, Information Overload and The Forgotten Good Corporate Citizen as Investor, in: ZHR 6/2021
After the EU has been in the process of harnessing the financial markets to the issue of sustainability for several years, the regulatory framework is now emerging at the first and second levels of the Lamfalussy process. While "sustainability" is gaining more and more contours, the positions of states and companies as issuers of financial products and of the demanding investor have so far been insufficiently regulated. Thus, the problem of misleading the investor (greenwashing) remains largely unsolved. In Capital Market Law, on the other hand, the principle of rational investor decision-making and the instruments of "summary and justification" are well known. Professor Möllers' contribution shows how greenwashing and the disadvantages of information overload can be avoided with the help of numerous examples.
The International Lawyer 03/2021
The article "The Wirecard Accounting Scandal in Germany, and How the Financial Industry Failed to Spot It" has been published in the current issue 3/2021 of the "The International Lawyer".
The first insolvency of a company listed on the German DAX index has had an enormous impact. In his article Professor Möllers aims to demonstrate why there has been a failure of the entire financial industry if not a single one of the players intervene, even though all market participants are aware of the allegations of inaccurate accounting. The causes lie in behavioural finance, but also the inadequate state of German and European capital markets law.
The article "Offene Fragen zum Kaufrecht des chinesischen Zivilgesetzbuches - Ein Vergleich mit dem deutschen und europäischen Recht" ("Open Questions on the Law of Sale of Goods under the Chinese Civil Code - A Comparison with German and European Law") has been published in the current issue 3/2021 of the "Zeitschrift für Chinesisches Recht".
In his article, Professor Möllers examines Chinese law comparatively with German and European law.
In particular, he deals with highly interesting issues of the law of sales, such as the concept of defect, the duty to examine the object of sale and warranty claims in case of defectiveness, as well as the relationship to the Consumer Protection Law, regulations on the control of general terms and conditions and the obligation to contract. The article concludes with an evaluation of the regulatory technique and a presentation of the concept of humanity of the ZGB.
When companies and board members actively share issuer-related information in social media, some capital market law pitfalls need to be considered. The article "Tweeting Board Members and the Pitfalls of Capital Markets Law" ("Twitternde Vorstandsmitglieder und die Fallstricke des Kapitalmarktrechts") by Professor Dr. Thomas M.J. Möllers and his research assistant, Dr. Pirmin Jonas Schauer, LL.M., was published in the NZG of October 13, 2021. The article discusses, for example, the impermissible publication of insider information, the prohibition of market manipulation, as well as internal measures and sanction options of BaFin.
The podcast by Professor Dr. Thomas M.J. Möllers and his chair team reports in short sequences on interesting legal issues, judgments and classifies questions of legal-political current affairs.
The latest two-part sequence deals with the topic of "short sellers". Part 1 first discusses the basics and explains the most important concepts of short selling. Part 2 deals with the German legal situation around short selling attacks and compares it with the American system. Furthermore, suggestions are made on how protection against such short selling attacks can be improved both on a German and European level.
Listen in - we appreciate your interest!
Fourth edition of the book „Juristische Methodenlehre“
"Juristische Methodenlehre" by Professor Dr. Thomas M.J. Möllers has fortunately already seen three editions since 2017 and was quickly out of print in each case. It has received numerous reviews in Germany and abroad after only a short time and is cited by case law and legal literature. An English-language version appeared in 2020 and a Chinese-language edition will follow with the 4th edition in 2021. Fortunately, it is now used at many universities to prepare for the First Staatsexamen and in trainee lawyers for the Second Staatsexamen. (...)
Issue 6 of the Journal of Banking and Capital Markets Law (BKR) contains another contribution from the Chair's team, following the contributions by Professor Möllers and Lisa Wolf as well as Maximilian Merwald and Pirmin Schauer (all issue 5). Tobias Manhardt, together with Igor Ivanov (Hamburg State Ministry of Finance), examines the legal classification of negative interest resulting from interest escalation clauses in banks' lending business. In interpreting the clause, the authors focus on its economic background and its economic significance for the parties. Central aspects are the combination of the link to the reference interest rate and the spread, as well as the contractual risk distribution and pricing.
30 Years CELOS
On the occasion of the 30th anniversary of CELOS, the members presented current workshop discussions at the EU Talk on June 24, 2021. The event was created in cooperation between the Faculty of Law of the University of Augsburg and the City of Augsburg.
Contribution to Festschrift for Barbara Grunewald
Professor Barbara Grunewald has worked intensively on civil law and corporate law over the past decades. On the occasion of her 70th birthday, a Festschrift has been dedicated to her. The Festschrift contribution by Professor Möllers deals with the new Sale of Goods Directive 2019/771, showing the various weaknesses of the European legislation.
Appointment as visiting scientist
The Law Faculty of the University of Augsburg has awarded Dr. Zhihao Du the position of Visiting Scholar at the Research Institute for Chinese Law (RICE). Mr. Du received his doctorate in Göttingen and is currently an assistant professor at Hunan University in China. He has contributed significantly to the translation of Professor Möllers' "Juristische Arbeitstechnik" and "Juristische Methodenlehre".
30 Jahre: Center for European Legal Studies (CELOS)
Anlässlich der 30-Jahres-Feier präsentieren die Mitglieder des CELOS am 24. Juni 2021 verschiedene Werkstattgespräche zu aktuellen Fragen des europäischen Rechts in Zusammenarbeit mit dem Europabüro der Stadt Augsburg. (...)
Der Blick ins aktuelle Heft der Zeitschrift für Bank und Kapitalmarktrecht – BKR lohnt: Hier finden sich gleich zwei Beiträge aus dem Lehrstuhlteam. Professor Möllers und Lisa Wolf besprechen die Causa Telekom, die mit dem im Februar 2021 veröffentlichten BGH Urteil nun schon seit über 15 Jahren ungelöst ist. Die Autoren führen daran anknüpfend generelle Überlegungen zur Reformierung des KapMuG an.
Maximilian Merwald und Dr. Pirmin Schauer beleuchten die brisanten Vorkommnisse an den Börsen rund um die US-amerikanische Einzelhandelskette GameStop. Die Autoren beschäftigen sich dabei konkret mit der Frage, inwieweit Marktakteure in die Gefahr einer Verletzung des unionsrechtlichen Marktmanipulationstatbestandes gekommen sind.
The Chinese Civil Code - Features and Unsolved Problems
Am 7. Mai nahm Herr Professor Möllers an einem Online-Event der Ruhr Universität Bochum teil, das von Herrn Professor Dr. Peter A. Windel im Rahmen der geplanten Tagung "The Chinese Civil Code" organisiert wurde. Während des Online Events gab Herr Professor Hao Li von der Beihang University in Peking eine Einführung in das Gesetzbuch und berichtete ausführlich und detailliert über die neuesten Entwicklungen.
Die von Professor Möllers und Professor Li organisierte Tagung zum Chinesischen Zivilgesetzbuch musste bereits drei Mal wegen der Corona-Pandemie verschoben werden und wird im April 2022 in China stattfinden.
Wie Juristen Probleme lösen - 法律人如何解决问题
Am Donnerstag, den 6. Mai hielt Herr Professor Dr. Möllers einen Vortrag vor 120 Teilnehmern der Nanjing University in China über das Thema "Wie Juristen Probleme lösen". (...)
Publication "Juristische Arbeitstechnik" (Legal Technique and Scientific Work), 10th anniversary ed.
The proven textbook "Juristische Arbeitstechnik und wissenschaftliches Arbeiten" (Legal Technique and Scientific Work) by Professor Dr. Thomas M.J. Möllers has been completely revised for the 10th anniversary edition. The 10th edition thus also accompanies the prospective lawyer from the beginning of his studies to the examination and perhaps also to the doctorate. Special challenges apply in times of the Corona pandemic. (...)
This is the latest podcast by Professor Dr. Thomas M.J. Möllers and his team. The podcast reports in short sequences on interesting legal issues, judgements and classifies questions of current legal-political affairs.
In the first two episodes, Professor Thomas M.J. Möllers deals with the Wirecard scandal and shows perspectives on how to avoid further stock market scandals.
Listen in - we appreciate your interest!
Publication: Hugo/Möllers (Ed.) Legal Certainty and Fundamental Rights
In cooperation with the University of Johannesburg, the Faculty of Law organised a conference in summer 2019 entitled "Legal Certainty and Fundamental Rights". The lectures were compiled into a conference volume, which has now been published as Volume 89 of the Augsburger Rechtsstudien (...).
Publication "What China can learn from Europe"
The article “Capital Market Law – What China can learn from Europe” has been published in “China Studies Issue 8, in Shanghai People's Publishing House”. Professor Möllers discusses current developments and problems of European legal harmonization in capital market law based on MiFID II, MiFIR and PRIIP Regulation.The article shows how China can promote the creation of a "level playing field" on the capital market and learn from the European problems.
Publication "The Weaknesses of the Sales of Goods Directive - Dealing with Legislative Deficits"
The article „The Weaknesses of the Sale of Goods Directive – Dealing with Legislative Deficits” has been published in the online magazine „Jus Civile” (Italy). Using the example of the Sale of Goods Directive (EU) 2019/771, the article combines the law of sales with a series of questions on European methodology. It examines the European legislative technique with full harmonization as a regulatory objective and clarifies open questions of interpretation on the basis of legal principles. Finally, ecological and economic proposals are made, which are to be demanded de lege ferenda.
Publication "The Principle of Directive-Compliant Development of the Law and the Contra Legem Limit"
The article published in "European Review of Contract Law" (ERCL) reveals how legal scholars and the case-law have gradually shown in recent decades a greater willingness to shift from a narrow, traditional boundary of permissible development of the law to a modern line of case-law regarding the boundary of directive-compliant, permissible development of the law.
Third edition of the “Juristische Methodenlehre” (Legal Methods)
The book „Juristische Methodenlehre“ (Legal Methods) by Professor Dr. Thomas M.J. Möllers is now available in its third edition. It addresses students, post-graduate students, but also practitioners. The book would like to put all those who apply the law in the position to develop argumentative solutions for unclarified legal questions. Ultimately, the goal is to convince the other party of the value of the legal argumentation - also and especially in the case of a dispute.(...)
Publication: European Company Law
Already in its fourth edition this year, the commentary "Company and Corporate Law" has been published in the handbook "European Law" for German legal practice (ed. by Reiner Schulze, André Janssen and Stefan Kadelbach). (...).
Contribution in the EuZW to the PSPP judgement of the BVerfG
In July 2020 a new article by Prof. Möllers was published in the European Journal of Economic Law (EuZW): The PSPP ruling of the Federal Constitutional Court and the European Legal Union (...).
New article "Market Manipulation Through Short Selling Attacks and Misleading Financial Analyses"
These days Germany's listed companies have a high risk to become victims of short selling attacks by misleading financial analyses. Companies and supervision have so far had little to counter that. The article deals with deficits in the area of standardisation and enforcement of law and approaches solutions. It has been published in "The International Lawyer", a triannual publication of the American Bar Association's Section of International Law in cooperation with SMU Dedman School of Law, Dallas, Texas.
Publication: Private Enforcement of European Competition and State Aid Law
The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields (...).
Publication: "Legal Methods"
Legal decisions are accepted if they are well-reasoned. This work provides lawyers with more than 100 legal interpretation figures that are used by lawyers worldwide to justify their legal decisions. German law is exemplary for the technique of Legal Interpretation and Legal Construction, which is applied in Europe and all over the world. The new publication puts lawyers in a position, to develop -step by step - a solution for a hitherto unsolved legal problem in such a way that it convinces the opposing party of the content his/her solution (…).
Keynote lecture for Professor Dr. Helmut Siekmann
The commemorative publication "Central Banks, Monetary Union and a Stable Financial System" acknowledges Prof. Dr. Dr. Helmut Siekmann's interdisciplinary research on the stability of monetary, currency and financial order. In a ceremony, the editors presented the newly published anthology to the IMFS Distinguished Professor. Prof. Dr. Thomas M.J. Möllers, Chairman of the Board of Trustees of the Stiftung Geld und Währung (Money and Currency Foundation), gave a keynote lecture on possible solutions to overcome the "Regulation Overload" in European capital market law.
Mr. Zhiaho Du (杜志浩)and Dr. Liuhua Shen have translated the German work "Juristische Arbeitstechnik und wissenschaftliches Arbeiten" (Legal Work Techniques and Scientific Work), which has already been published in its 9th edition, into Chinese. The Chinese book was sold out in a very short time with 5,000 copies, so that a reprint became necessary after only a few months.
Mr. Du, who recently received his doctorate in Göttingen, also translates Professor Möllers' "Juristische Methodenlehre".
Lecture tour to Palermo
At the invitation of Prof. Enrico Camilleri, Prof. Dr. Thomas M.J. Möllers visited the University of Palermo on 8 and 9 October 2019 and gave two lectures in English on "Legal Methods - A Comparison of the German and Italian Approach" and "The Legal Consequences of the Volkswagen Scandal - Better Enforcement of Private and Public Law".The university is one of the largest in Italy with about 50,000 students and 2,000 academic staff. Prof. Camilleri also participated this year as a lecturer in the Augsburg Summer Program.
Professor Thomas M.J. Möllers gave a lecture on "Enforcement of Consumer Protection and Capital Markets Law - Current Developments in Germany and Europe" at the German-Turkish Symposium on 4 October 2019 at the Law Faculty of the University of Istanbul.
In addition to professors from the University of Augsburg, speakers from the host university also reported on current developments in Turkish tort law. After the lectures there was a lively discussion. In the conference room were about 120 participants, mainly consisting of students, assistants, lecturers, professors and lawyers from Istanbul (...).
Research trip and guest professorship in China
Professor Dr. Thomas M.J. Möllers went on a research trip to China from 12-23 September 2019, during which he gave lectures and guest lectures at several Chinese universities. At the University of Political Science and Law (CUPL) in Beijing, he held a guest professorship and gave a series of lectures on "Introduction into German Civil and Business Law" to give Chinese students an insight into German civil law. He gave lectures at the Jiliang and Zhe Jiang University in Hangzhou. There was also a press conference at the Peking University in Beijing. (...).
New edition of the "Juristische Methodenlehre"
The work "Juristische Methodenlehre" by Professor Dr. Thomas M.J. Möllers has been published in its second edition. It is aimed at students, doctoral candidates and practitioners and aims to enable legal practitioners to develop argumentative solutions to unclarified legal questions. The ultimate goal is to convince the other party of the content of the legal argumentation - also and especially in the case of a dispute.
Despite the short time since the first edition, the new edition is not intended to be a simple reprint, because legal methodology thrives on dialogue and the examination of conflicting ideas (...).
Lecture: "Comparative Law in Context: Studying Islam in the Southeast Asia"
Professor Kerstin Steiner was received by Professor Dr. Thomas M.J. Möllers at the University of Augsburg. She is Senior Associate at the University of Melbourne in the Centre for Indonesian Law, Islam and Society (CILIS) and Partner in the Asian Law Centre (ALC). She is also on the Advisory Board of the Philippine International Studies Organization (PHISO). She has held a variety of international positions, including at the University of Malaya and the Centre for Socio-legal Studies at Oxford University (...).
Publication: Comment raisonnent et travaillent les juristes
In the second quarter of 2019 the article "Comment raisonnent et travaillent les juristes" was published in the French journal "La revue internationale de droit comparé" (RIDC). In this article Professor Möllers discusses the necessity of a modern legal methodology and critically questions whether the fundamentals of jurisprudence receive enough attention in our educational system.
Third Augsburg-Johannesburg Conference on Legal Certainty and Fundamental Rights
27. 06. 2019
From June the 6th to the 9th, 2019, the third joint conference between the law faculties of the universities of Augsburg and Johannesburg (South Africa) took place on the Fraueninsel in Chiemsee. Fifteen participants from Johannesburg and ten from Augsburg travelled to the conference to discuss current issues from all areas of law around the topic of Legal Certainty and Fundamental Rights, to exchange different perspectives and, in the spirit of cross-fertilisation of the legal systems, to find solutions and suggestions for improving both legal systems (...).
Publication: „Juristische Arbeitstechnik und wissenschaftliches Arbeiten“ in China
The 9th edition of Professor Dr. Thomas M.J. Möllers' book "Juristische Arbeitstechnik und wissenschaftliches Arbeiten" ("Legal Work Techniques and Scientific Work") was published on June 1, 2019, in Chinese in Beijing. The publisher is the renowned "Peking University Press".
The Chinese version of this book was translated jointly by Dr. Liuhua Shen (academic assistant to Professor Möllers), Dr. Qiangwei Ma from Peking University and Dr. Du Zhihao from Göttingen University. The edition so far is 5000 copies.
Results of the Conference “Enforcing Consumer and Capital Market Law in Europe”
At the international conference "Enforcing Consumer and Capital Market Law in Europe", which took place on 23rd and 24th May 2019 at the Faculty of Law of the University of Augsburg, numerous experts discussed how the diesel emissions scandal will be legally processed in various countries.
It was shown that in the USA, Australia and Brazil public law sanctions and compensation of the buyers are already being enforced much more successfully than in most European countries (...).
Lectures at the University of Stellenbosch
30. April 2019
In April 2019 Prof. Dr. Thomas M.J. Möllers visited the University of Stellenbosch in South Africa. Initially he gave two lectures at the Faculty of Law: "Short Sell Attacks and Illegal Financial Reports" and "The Volkswagen Diesel Scandal - Legal enforcement worldwide". A third lecture took him to the Faculty of Economics: "Private Enforcement of EU Competition Law after the Directive 2014/104/EU". On the last day of his stay Prof. Möllers also met Prof. Dr. Philip Sutherland and Prof. Dr. Karin Calitz.
Publication: How Lawyers think and work - on the necessity of a modern methodology for legal education
In the first quarter of 2019, the article "How lawyers think and work - on the necessity of a modern methodology for legal education" was published in the Zeitschrift für die gesamte Privatrechtswissenschaft (ZfPW). In this article, Professor Möllers discusses the necessity of modern legal methodology and critically questions whether the fundamentals of jurisprudence receive enough attention in our educational system.
Lectures in Melbourne and Sydney
In January and February 2019, Prof. Dr. Thomas M.J. Möllers went to Australia for a research stay. At La Trobe University in Melbourne Prof. Dr. Möllers gave two lectures. On the one hand he dealt with the topic "Digitalization - Market Abuse by Short Sell Attacks and Illegal Research Reports". On the other hand he gave a lecture on "Legal Reasoning: How Lawyers are Thinking: Working with Principles". At the University of Sydney, Prof. Dr. Möllers gave a lecture on "The Volkswagen emission scandal - German, European and US-American implications" as part of the Law & Business Downtown Seminars.
Publication: Hugo/Möllers (Hrsg.) Legality and Limitation of Powers - Values, Principles and Regulations in Civil Law, Criminal Law, and Public Law
In cooperation with the University of Johannesburg, the Faculty of Law organised a conference in summer 2017 entitled "Legality and Limitation of Powers - Values, Principles and Regulations in Civil Law, Criminal Law, and Public Law". The lectures were compiled into a conference volume, which has now been published as Volume 88 of the Augsburger Rechtsstudien (...).
Private Enforcement of European Competition and State Aid Law: Current Challenges and the Way Forward
On 22 and 23 November 2018, the first INspiRE conference on "Private Enforcement of European Competition and State Aid Law: Current Challenges and the Way Forward", organised by Prof. Dr. Thomas M.J. Möllers, Prof. Dr. Ferdinand Wollenschläger and Prof. Dr. Wolfgang Wurmnest, took place in Augsburg (...).
Google, Amazon, Facebook - Who has a right to my data?
The panel discussion on 13 November 2018, organised inter alia by the Jean Monnet Centre of Excellence INspiRE, attracted over 100 interested citizens (...)
Lecture at the Bavarian America-Academy
From July 5 to 7, 2018, the 18th Academy Conference of the Bavarian Academy of America (BAA) took place at the Amerikahaus in Munich. It was entitled "The State of Human Rights - Historical Genealogies, Political Controversies, and Cultural Imaginaries" (...) .
Publication: "The General Rules of Chinese Civil Law"
The conference volume "The General Rules of Chinese Civil Law", edited by Professor Dr. Thomas M.J. Möllers and Professor Dr. Hao Li, contains the results of the conference of the Research Center for Innovation between China and Europe (RICE) held on July 19, 2017 at the Law Faculty in Augsburg.
Professor Möllers on Chinese television on the series „Little Diplomat“ – Jiajia Cartoon Channel
On July 26, 2018, a delegation of the supra-regional Chinese TV station Jiajia Cartoon Channel, Guangzhou TV and Radio Station (500 million viewers) visited Professor Dr. Thomas M.J. Möllers (Law Faculty of the University of Augsburg) to shoot for the series "Little Diplomat".
Lecture on the riots in Charlottesville
On 5 July 2018, Prof. Blake D. Morant gave a lecture at the University of Augsburg on the riots in Charlottesville that had taken place in August 2017 (...).
Visit from the People`s Republic of China
At the invitation of the Research Centre for Chinese Law (RICE) under the direction of Professor Dr. Thomas M.J. Möllers, Professor Su Jiang visited the Law Faculty of the University of Augsburg on Wednesday, July 4, 2018 for an academic exchange and to strengthen the cooperation with Peking University.
Market manipulation through short selling attacks and misleading financial analysis
Publication of the essay by Professor Dr. Thomas M.J. Möllers in the NZG 2018, Issue 17, p. 649:
In Germany, listed companies are increasingly being attacked by short sellers using misleading financial analyses. So far, companies and supervisory authorities have had little to counter this. This article shows the deficits in the area of norm concretisation and enforcement of the law and develops possible solutions.
Conference "Judicial legal training and its limits"
On 28 May 2018, Prof. Dr. Thomas M.J. Möllers took part in a conference organised by the University of Vienna
and the Supreme Court (OGH) on the topic of "Judicial legal training and its limits". The venue was the banqueting hall of the Supreme Court at the Palace of Justice in Vienna (...).
Air pollution: EU sues Germany
On Thursday, 17 May 2018, Professor Dr. Thomas M.J. Möllers gave a live interview in the Rundschau at 6.30 pm on Bavarian Television. He spoke about the EU's action against the Federal Republic of Germany in the context of an infringement procedure concerning the type-approval of vehicles and the exceeding of limit values for air pollution.
How lawyers think and work - consequences for the role of legal methods in legal education
On Monday, 7 May 2018 at 6 pm Professor Dr. Thomas M.J. Möllers gave a lecture to the Juristische Gesellschaft Augsburg e.V. with the title "How lawyers think and work - consequences for the role of legal methods in legal education". In particular, he spoke about the necessity of modern legal methodology and critically questioned whether the basics of jurisprudence receive enough attention in our educational system.
Emissions scandal: more and more new cases and no penalties
On Wednesday, 25 April 2018 at 21.45 pm, Professor Dr. Thomas M.J. Möllers can be seen in the ARD programme Plusminus. He will answer questions about the emissions scandal. In particular, he will report on the differences between the German and US-American approaches to dealing with the scandal. Professor Möllers also talks about possible civil law claims by the customers concerned.
Interview by Spiegel Online with Professor Dr. Möllers
Professor Dr. Thomas M.J. Möllers talks in an interview with Spiegel Online, published on Sunday, 15 April 2018, about the EU Commission's proposal to introduce class actions for consumers. A comparison is made between the model of the model declaratory judgement procedure and US law.
New edition "Juristische Arbeitstechnik"
The work Juristische Arbeitstechnik und wissenschaftliches Arbeiten von Professor Möllers has now been published in its 9th edition. It accompanies the prospective lawyer from the beginning of his studies to the final examination and also during his doctorate (...).
Why German VW buyers are worse off
On Monday, 19 March 2018, the Augsburger Allgemeine Zeitung published an interview with Professor Dr Thomas M.J. Möllers on page 7 entitled "Why German VW buyers are worse off". The topics discussed in particular are class actions and punitive damages, explaining the differences between the US and German legal systems.
Keynote speech at the Workshop on innovation, competitiveness & internationalization in Turin
Professor Dr. Möllers gave a lecture entitled "Digitalization - Market Abuse by Short sell attacks and illegal research reports" to a specialist audience in Turin. (...)
Dekan Blake D. Morant (GWU) visits the Law Faculty
On Friday, February 23, 2018, the Law Faculty of the University of Augsburg received a visit from Professor Blake D. Morant, Dean of the George Washington University School of Law, his wife, Paulette Morant, and Ms Joshi Shehernaz, Director for Graduate & International Programs. The visit from Washington was received by Professor Dr. Thomas M.J. Möllers, Professor Dr. Matthias Rossi, Professor Dr. Thilo Rensmann, as well as by Daniela Pfau and Christoph Salger (...).
Tort law in the PR China
On February 5, 2018, Prof. Dr. Qiang Wang gave a lecture titled: "The Tort Law of the PR China with special consideration of the liability of animal owners compared to German law". Prof. Dr. Wang teaches at the China University of Political Science (CUPL, Beijing) and was a guest lecturer at the Law Faculty of the University of Augsburg (...).
Expert activity for the Science Council
On behalf of the Science Council, Prof. Dr. Thomas M.J. Möllers is participating as an expert in the evaluation of three institutes. (...)
Publication: Hugo/Möllers (Hrsg.) Transnational Impacts on Law: Perspectives from South Africa and Germany
Together with the University of Johannesburg, the Faculty of Law organised a conference in summer 2016 entitled "Transnational impacts on law: Perspectives from South Africa and Germany". The lectures have since been compiled into a conference volume, which has now been published as Volume 86 of the Augsburger Rechtsstudien (...).
Election as Chairman of the Money and Currency Foundation
Professor Dr Thomas M.J. Möllers was unanimously confirmed in office as Chairman of the Board of Trustees of the Money and Currency Foundation as of 1 January 2018 for a further four years.
First place in the nationwide speech contest
Two representatives each from the law faculties of Regensburg, Passau, Erlangen and Augsburg competed against each other in the Bavaria-wide main round of the Linklaters 2017 speech competition in Regensburg. Mr Richard Gehrke and Ms Kristina Cyglakow, student assistant to Professor Thomas M.J. Möllers, very successfully represented the law faculty of the University of Augsburg (...).
Visit to Chicago: Cooperation with the Chicago-Kent College of Law
To intensify the cooperation with the Chicago-Kent College of Law at the Illinois Institute of Technology, Prof. Dr. Thomas M.J. Möllers travelled to Chicago on 18 October 2017 and took part in the "Fin (Legal) Tech" conference parallel to visiting the college (...).
Now published: Möllers, Legal Methodology
The new work "Juristische Methodenlehre" by Professor Dr. Thomas M.J. Möllers has been published. It is aimed at students, doctoral candidates and all legal scholars. The aim of the work is both simple and challenging at the same time: it aims to enable lawyers to develop the solution to previously unsolved legal problems step by step in such a way that they can convince the other side - even in the event of a dispute - of the content of the legal argumentation (...).
Second Johannesburg-Augsburg conference "Legality and Limitation of Powers: Values, Principles and Regulations in Civil Law, Criminal Law and Public Law"
The second joint conference of the law faculties of the universities of Johannesburg and Augsburg took place on 10 October 2017 (...)
Laudatory speech for Bundesbank President Jens Weidmann
As part of the IMFS Distinguished Lecture, Professor Möllers gave a laudatory speech for Jens Weidmann, the current President of the Deutsche Bundesbank, in Frankfurt am Main on 14 September (...).
Launch event of the Jean Monnet Centre of Excellence INspiRE
CLASS ACTIONS - CURSE OR BLESSING FOR CONSUMER PROTECTION?
The emissions scandal is spreading further and further: If diesel vehicles are not retrofitted by the end of 2017, even the EU Commission is now threatening driving bans. What does this ultimately mean for the rights of consumers (...)?
The new General Part of Chinese Civil Law
The first meeting of the new Research Center of Innovation and Legal Studies between China and Europe (RICE) took place on July 20, 2017. The occasion was the current reform of Chinese civil law (...).
Lectures at the University of Palermo
As in the previous year, Prof. Dr. Thomas M.J. Möllers visited the Università degli Studi di Palermo at the invitation of Prof. Avv. Enrico Camilleri and gave two lectures on methodological work with legal principles and the constitution.
. The University of Palermo is one of the largest universities in Italy with around 50,000 students and 2,000 academic staff. Prof. Camilleri has been a lecturer at the Augsburg Summer Program for many years.The lectures were held by Prof. Dr. Möllers within the context of the doctoral programme and titled "How to Work with the Constitution - the Perspective of a Private Lawyer" and "Hard Law - How to Work with Principles in Civil Law". Both lectures were met with broad interest among Italian students and academics.
Laudatory speech for Valdis Dombrovskis
As part of the IMFS Distinguished Lecture, Professor Möllers gave a laudatory speech for Valdis Dombrovskis, the current Vice-President of the European Commission, on 13 February in Frankfurt am Main (...).
Lecture tour in China and appointment as permanent visiting professor of the University of Political Science Gansu in Lanzhou
In November 2016 Prof. Dr. Thomas M.J. Möllers travelled to China for one week. Where he visited the China University of Political Science and Law (CUPL) in Beijing and the University of Political Science Gansu in Lanzhou (...).
Professor Möllers graduates 100th doctoral student
Since 1997, Prof. Möllers has supervised doctoral students in his main research areas of German and European civil law, European corporate, capital market and competition law, comparative law and legal methodology. On 29 June 2016, Prof. Möllers' 100th and 101st doctoral students successfully completed their doctoral studies.
First Johannesburg-Augsburg conference "Transnational Impacts on Law: Perspectives from South Africa and Germany"
On 23 June 2016, the first joint conference of the law faculties of the Universities of Augsburg and Johannesburg took place. The event was titled "Transnational Impacts on Law: Perspectives from South Africa and Germany" and examined the international influence on the national legal systems of Germany and South Africa (...).
Symposium of the Bundesbank and the Money and Currency Foundation
Due to personnel changes at the top of the Stiftung Geld und Währung, the Bundesbank and the Stiftung Geld und Währung organised a joint symposium in Frankfurt on 15 June 2016. Gerhard Ziebarth succeeds Willy Friedmann as Chairman of the Foundation's Board. Thomas Möllers follows Remsperger as Chairman of the Foundation Board (...).
Anthology published in Chinese
After three publications in Chinese journals, Prof. Möllers' first monograph has been published in Chinese (...).
Interview in the GoingPublic magazine (special issue capital markets law)
This year, Prof. Dr Thomas M.J. Möllers again gave an interview for the annual special issue on capital market law of GoingPublic magazine. He commented on current problems and developments in capital market law. The interview is printed on pages 10 - 12 (...).
Guest lectures in Palermo
At the invitation of Prof. Avv. Enrico Camilleri , Prof. Dr. Thomas M.J. Möllers stayed at the Università degli Studi di Palermo from 11 to 17 May 2016. The University of Palermo is one of the largest universities in Italy with around 50,000 students and 2,000 academic staff. Prof. Camilleri has been a lecturer at the Augsburg Summer Program for many years.
In Palermo, Prof. Dr. Möllers gave two english lectures on "Experimental Legislation in European Capital Market Law" and "Chances and Risks of the Transatlantic Trade and Investment Partnership (TTIP)".
Article in the ZEuP
In May 2016, a new article by Prof. Möllers appeared in the Zeitschrift für Europäisches Privatrecht (ZEuP): Europäische Gesetzgebungslehre 2.0: Die dynamische Rechtsharmonisierung im Kapitalmarktrecht am Beispiel von MiFID II und PRIIP. The article can be found on pages 325 - 357 (...).
Launch event of the Research Center of Innovation and Legal Studies between China and Europe (RICE)
On April 26, 2016, the launch event of the research centre RICE (Research Center of Innovation and Legal Studies between China and Europe) took place in the facilities of the Law Faculty of the University of Augsburg. (...)
Jean Monnet Centre of Excellence founded
Three legal Jean Monnet Centres of Excellence worldwide will be funded by the European Union this year - decision in favour of the University of Augsburg (...).
The fourth conference in cooperation with the Faculty of Law of the University of Ljubljana focused on international investment protection. The participants from academic and practical backgrounds dealt intensively with this highly relevant issue (...).
Lecture tour in China
In November 2015 Professor Dr. Thomas M.J. Möllers travelled to China for one week. Where he held four lectures at various renowned universities (...).
Interview with Dutch daily newspaper on consequences of VW emissions scandal
In an interview with the Dutch national daily newspaper Het Financieele Dagblad, Professor Thomas M.J. Möllers commented on the consequences of the VW emissions scandal. Among other things, he warns of fines of existential proportions if VW does not consistently clear up the matter.
TTIP Roadshow at the Swabian Chamber of Industry and Commerce on 28.10.2015
The event on 28 October 2015 at the Swabian Chamber of Industry and Commerce marked the start of the "TTIP Roadshow in Swabia" series of events. The aim of the roadshow is to inform the Swabian economy about TTIP and to present opportunities and challenges (...).
Prof. Dr. Thomas M.J. Möllers comments on the trial against Wiedeking and Härter in the Financial Times
The former Porsche managers Wendelin Wiedeking (CEO) and Holger Härter (CFO) have to answer to the Regional Court of Stuttgart in criminal proceedings for market manipulation (...).
Lecture at the 9th Krakow-Augsburg Symposium on Norm Creation
The 9th Krakow-Augsburg Symposium took place on 23 and 24 October at the Jagiellonian University in Krakow. This year the general theme was "Norm Creation". Professor Dr Thomas M.J. Möllers spoke on the topic of "Norm Creation and Norm Enforcement in European Antitrust, Corporate and Capital Markets Law".
Interview on Finnish television on the consequences of the VW emissions scandal
Professor Dr Thomas M.J. Möllers commented on the consequences of the VW emissions scandal in an interview with the Finnish TV channel MTV3. The interview was broadcasted on MTV3's news magazine on 14 October 2015.
Interview with Wirtschaftswoche on possible consequences of the VW emissions scandal
In an interview with Wirtschaftswoche, Professor Dr. Thomas M.J. Möllers gave his assessment of the possible consequences of the diesel emissions fraud. He warns that the VW Group is threatened with claims for damages from its own customers amounting to billions of dollars, as there is the figure of punitive damages in the US legal system. If the perpetrator acts maliciously or fraudulently, 20 or even 50 times the actual damages are possible (...).
Keynote at a conference of the Gesellschaft für Immobilienwirtschaftliche Forschung e. V. (gif)
On 14 September 2015, the specialist conference of the Gesellschaft für Immobilienwirtschaftliche Forschung e. V. (gif) took place in Frankfurt on the topic of "KABG 2.0, what's still to come!" At the event, renowned experts from science and practice spoke about the topic. More than 100 participants came to the BVI lecture rooms in Frankfurt am Main for the occasion (...).
New article in NZG: The Small Investor Protection Act
On 23 April 2015, the Bundestag passed the Small Investor Protection Act. This was triggered by the insolvency of the energy company Prokon. The Article Law therefore contains, in particular, new regulations for the grey capital market and amends existing provisions of the WpHG. The aim of the new regulations is, in keeping with the name, to further improve investor protection (...).
New publication on the takeover battle VW / Porsche
In July 2015 an article by Professor Dr. Thomas M.J. Möllers titled "The takeover battle Volkswagen/Porsche: the Piëch-Porsche clan-family clan acquires a majority holding in Volkswagen" was published in the Capital Markets Law Journal (10 CMLJ 410 - 430) (...).
Prof. Dr. Thomas M.J. Möllers elected Chairman of the "Money and Currency" Foundation Council
Prof. Dr. Thomas M.J. Möllers has been a member of the "Money and Currency" Foundation Council of the Deutsche Bundesbank since 1 June 2006, where he initially represented the Federal Constitutional Court Judge Prof. Dr. Dr. Udo Di Fabio. He has been a permanent member of the Foundation Council since 1 January 2009. At the last meeting, Prof. Dr. Möllers was unanimously elected Chairman of the Foundation Council. He will take office on 1 July 2015. (...)
Expansion of the international cooperation with the University of Johannesburg
On May 29, 2015, Prof. Dr. Thomas M.J. Möllers and Dr. Stefan Lorenzmeier were guests at the Faculty of Law of the University of Johannesburg to negotiate an amendment to the cooperation agreement (...).
Presentation at the Annual Banking Law Update 2015
On May 28, 2015, Professor Dr. Thomas M.J. Möllers gave a lecture on "Developments in the implementation of the European MiFiD II Directive" at the Annual Banking Law Update 2015 (ABLU) in Johannesburg. The ABLU is an established South African event on corporate and capital markets law, which has been held since 1978. It is organised by the Centre for Banking Law at the University of Johannesburg.
Interview in GoingPublic Magazine Special Capital Markets Law 2015
Professor Dr Thomas M.J. Möllers gave an interview on his current research in capital market law for the GoingPublic Magazine Special Capital Market Law 2015. In particular, he spoke about the BGH's telecom ruling, problems with law enforcement in Germany, the German investor model and possible consequences of case law in capital market law.
TTIP Panel Discussion in the Augsburg City Hall
Professor Dr. Thomas M.J. Möllers was the guest of a top-class panel discussion on the topic "TTIP Chance or Risk?" The event was organised by the Europa-Union Augsburg and took place in the Augsburg City Hall (...).
Press commentary on the judgement of the Frankfurt Higher Regional Court
In a judgement of 7 April 2015 (Case No. 24 U 82/14), the Higher Regional Court (OLG) of Frankfurt am Main prohibited a rating agency from issuing a poor rating (scoring) about a company located in the Rhine-Main region. For a Legal Tribune Online news article on this judgement, Professor Dr. Thomas M.J. Möllers provided an assessment of the decision.
New publication on the BGH decision on appeals under the German Capital Investor Model Case Act (Kapitalanleger-Musterverfahrensgesetz)
In March 2015, another publication by Prof. Thomas M.J. Möllers, together with academic assistant Elisabeth Steinberger, was published. The article "Die BGH-Entscheidung zum Telekom-Prozess und das europäische Anlegerleitbild" is printed in the Neue Zeitschrift für Gesellschaftsrecht (NZG) 2015 on pages 329 - 335. In addition to a critical appraisal of the decision, the article deals with the underlying investor concept.
Visiting Professor at the Université Jean Moulin in Lyon
At the invitation of Prof. Dr. Frédérique Ferrand, Prof. Dr. Thomas M.J. Möllers was a visiting professor at the Université Jean Moulin Lyon III from 3 to 12 March 2015. Prof. Dr. Ferrand has been a lecturer at the Augsburg Summer Program for many years. Prof. Dr. Möllers gave the lecture "Introduction to German Civil Law (BGB)" for French third-year students. The event was aimed in particular at students taking part in an exchange programme with a German university in the following winter semester. He also gave a lecture entitled "The German Constitutional Court's Role in the EU: Driving Force or Illegitimate Lawmaker?"
6th Rotary Day 2015 at the University of Augsburg: Migration is reality - integration is our task
"Migration is reality - integration is our task" was the motto of the 6th Rotary Day on 27 and 28 February at the Law Faculty of the University of Augsburg. The most prominent guest was Claudia Roth, Vice President of the Bundestag, who spoke about multiculturalism as a model for the future (...).
Article in the Italian online journal Jus Civile
In February 2015, the Italian online journal Jus Civile (www.juscivile.it) published an english article by Professor Dr Thomas M.J. Möllers and academic assistant Katharina Redcay. The article under the title "The German Constitutional Court: European Lawmaker or Motor of the Union?" can be found on pages 72 - 101.
Article in European Law, Handbook for German Legal Practice, 3rd ed. 2015
The third edition of the Handbook of European Law, edited by Reiner Schulze/Manfred Zuleeg/Stefan Kadelbach, was published in January 2015 (Nomos Verlag ISBN 978-3-8487-1219-9). Prof. Dr Thomas M.J. Möllers is the author of § 18 "Corporate and Business Law, Small and Medium-sized Enterprises", pp. 819 - 888. The article is the subject of the Special Part of the Handbook and deals in particular with the influence of European law on corporate law.
New publication on the liability of credit rating agencies in the ECFR
In October 2014, another publication by Prof. Thomas M.J. Möllers and research assistant Charis Niedorf was published. The article entitled "Regulation and Liability of Credit Rating Agencies - A More Efficient European Law?" was published in 11 ECFR 333 (2014). It deals with the liability of credit rating agencies and addresses the new European Regulation (EU) No 462/2013 on credit rating agencies.
New publication on scientific work in the Ad legendum
In the fourth quarter of 2014, another publication by Prof. Thomas M.J. Möllers on scientific work appeared. The article "Qualität und Zeitmanagement einer wissenschaftlichen Arbeit" (Quality and Time Management of a Scientific Paper) deals compactly with various working techniques that are suitable for both the student and the doctoral candidate.
New publication on Private Enforcement of Competition Law
In the fourth quarter of 2014, another publication by Prof. Thomas M.J. Möllers on "Private Enforcement of Competition Law" appeared in the anthology "Economic Competition Regime: Raising Issues and Lessons from Germany - Contributions to Vietnamese-German Symposia", edited by Henning Rosenau and Nghia Tang Van. The anthology was published in the Augsburg ACELR series.
New publication on European Unfair Competition Law
In the fourth quarter of 2014, the second edition of "European Private Law - A Handbook Vol. II" by the editors Mauro Bussani and Frank Werro was published. Prof. Thomas M.J. Möllers edited the section on European Unfair Competition Law. The article can be found on pages 285 - 322.
Expansion of the cooperation with China
The University of Augsburg has continued its expansion strategy of internationalisation and has entered into a new cooperation in research and teaching with the Peking University in Beijing (...).
No "right to lie" - the VW/Porsche takeover battle as AZ research supplement
The VW/Porsche takeover battle continues to occupy the European courts. Now an overview of the VW/Porsche issue by Prof. Möllers has appeared in the current research supplement of the Augsburger Allgemeine. Prof. Möllers has been dealing with the VW/Porsche takeover battle for some time. For example, Wirtschaftswoche reported on the case after an interview with Prof. Möllers and also B5 aktuell (see current news of 10.2.2014). A detailed essay by Prof. Möllers on this topic recently appeared in the NZG (NZG 2014, 361-368). He also gave a number of lectures in Germany and abroad dealing with this issue.
Interview by Prof. Dr. Thomas M.J. Möllers on the ESM ruling of the BVerfG of 18.3.2014 on SWR 1
On 18 March 2014, Prof. Dr Thomas M.J. Möllers was interviewed by Südwestrundfunk Baden-Württemberg (SWR 1) on the ruling of the Federal Constitutional Court (BVerfG, Urt. v. 18.3.2014, Az. 2 BvR 1390/12). On 18 March 2014, the Federal Constitutional Court rejected six constitutional complaints on the European Stability Mechanism and the Fiscal Compact. Additionally, one Organstreit case was also unsuccessful. Alongside Andreas Voßkuhle (among others), Möllers was asked about his assessment of the ruling.
Interview with Prof. Möllers on the VW/Porsche takeover battle in Wirtschaftswoche
Prof. Möllers was interviewed last week for an article in Wirtschaftswoche about the VW/Porsche takeover battle. The article by Martin Seiwert and Franz W. Rother appeared today in Wirtschaftswoche with the title "Porsche fights against its greedy past". The topic is very up-to-date, especially considering the background of 24 new lawsuits by hedge funds against Porsche Automobil Holding S.E for damages amounting to €1.4 billion, and raises fascinating questions. In addition to Wirtschaftswoche, B5 aktuell also reports on the case with reference to Prof. Möllers.
Furthermore, Prof. Möllers gave a lecture on the topic at the Corporate Breakfast at the law firm Luther in Munich last Friday.
New publication: Cologne Commentary on the WpHG, 2nd ed. 2014
The 2nd edition of the Cologne Commentary on the WpHG was published by Carl Heymanns Verlag at the end of December. The editors are Prof. Dr. Heribert Hirte, LL.M. (Berkeley), University of Hamburg and Prof. Dr. Thomas M.J. Möllers, University of Augsburg (...).
Prof. Dr Thomas M.J. Möllers raises third-party funds
In the 2013/2014 academic year, Prof. Dr Thomas M.J. Möllers raised third-party funding for the following three projects, among others: In addition to the long-standing DAAD funding for four exchange cooperations with American universities amounting to approximately €57,000, he was able to raise €15,000 from the Bundesbank, €7,500 from the Kurt and Felicitas Viermetz Foundation and €9,000 as part of a Jean Monnet project to support a database on WIrtschaftsrecht (www.caplaw.eu). Fortunately, the Bundesbank also promised funding for the next three years.
Conference proceedings "Das neue Kapitalanlagegesetzbuch" published by C.H.Beck
In June of this year, Prof. Dr. Thomas M.J. Möllers organised a conference at the Faculty of Law at the University of Augsburg on the topic of "Das neue Kapitalanlagegesetzbuch". The corresponding conference proceedings have now been published by Verlag C.H.Beck: Thomas M.J. Möllers/Andreas Kloyer (eds.), Das neue Kapitalanlagegesetzbuch, Munich 2013 (ISBN 978-3-406-65618-7).
Lecture in Palermo
On 23 September, Professor Dr Thomas M.J. Möllers gave a lecture entitled "The German Constitutional Court: European Lawmaker or Engine of the Union?" at the University of Palermo in Italy.
Lectures in China
As part of a research trip to the People's Republic of China, Prof. Dr. Thomas M.J. Möllers held several lectures with the following titles between September 12 and 16, 2013: "Newest Developments in European Commercial Law - Company Law - The Volkswagen Case", East China University of Political Sciences and Law und University of Xi'an; "The German Constitutional Court: European Lawmaker or Engine of the Union?", Law Institute of Shanghai Academy of Social Sciences; "Class Action in Business Law -The German Background", Law Institute of Shanghai Academy of Social Sciences.
The new German Investment Code
The German Investment Code (KAGB) entered into force on 22 July 2013 and was the topic of a conference initiated by Prof. Dr Thomas M.J. Möllers on 14 and 15 June 2013. The KAGB implements the European requirements of the AIFM Directive from 2011 in a timely manner and newly regulates investment law; the previously applicable InvG was repealed
Proceedings of the conference "Europe as a Community of Law" published by Mohr Siebeck Verlag
On 4 and 5 May 2012, Prof. Dr Thomas M.J. Möllers and Prof. Dr Franz-Christoph Zeitler organised a conference on "Europe as a Legal Community - Monetary Union and Debt Crisis" at the Law Faculty of the University of Augsburg. The accompanying conference proceedings have now been published by Mohr Siebeck Verlag: Thomas M.J. Möllers/Franz-Christoph Zeitler (eds.), Europa als Rechtsgemeinschaft - Währungsunion und Schuldenkrise, Tübingen 2013, (ISBN 978-3-16-152174-4).
Guest professorship and lecture at the Université Jean Moulin in Lyon
On 11 February, Prof. Dr. Thomas M.J. Möllers gave a lecture titled "Regulation and Liability of Rating Agencies - More Efficient Law at European Level? - Regulation and Liability of Rating Agencies - A More Efficient European Law?" in the context of a guest professorship at the Université Jean Moulin III in France.
BR evening programme
On 3 December 2012, Prof. Thomas M.J. Möllers was interviewed by Bavarian Television for a television programme. The report dealt with the admissibility under European law of Romanian employment contracts for Romanian workers who, however, work in Germany for a German company. The employment contracts only provided for remuneration at the level of the Romanian minimum wage.
Lecture on "The new regulatory environment for closed-end funds through the Asset Investment Act and the Capital Investment Code".
On 23 November 2012, Professor Dr Thomas M.J. Möllers gave a presentation on the planned Capital Investment Code and the recently introduced Investment Act to a large audience of industry experts at The Charles Hotel in Munich. The Capital Investment Code will come into force on 22 July 2013 and replace the previous Investment Act. In addition to UCITS funds, closed-end funds are also covered by the scope of application. With the Act, the Federal Republic of Germany is transposing the European AIFM Directive on Alternative Investments into national law..
Lecture at the 8th Krakow-Augsburg Symposium on the "Role of Law
As part of the 8th Krakow-Augsburg Symposium on the "Role of Law in the Economic Crisis", Prof. Dr Thomas M.J. Möllers gave the lecture "The Financial Crisis and the Federal Constitutional Court as European Legislator". The Krakow-Augsburg Symposia take place every two years in Krakow and Augsburg. They are dedicated to current issues and are now firmly established at both law faculties.
Professor Möllers becomes a member of the Academia Europaea
At this year's conference, Professor Thomas M.J. Möllers will have the great honour of being admitted as a member of the Academia Europaea (The Academy of Europe), based in London. (...)
TO contribution on the liability of rating agencies
The EU Commission is planning to make rating agencies liable to investors. A draft regulation by the Commission is currently being discussed in the EU Parliament. Prof. Möllers and Christine Wecker, who works as a research assistant at Prof. Möllers' chair, have written an article on this, which was published today in Legal Tribune Online.
Bloomberg interview on the lawsuits against Porsche
At the beginning of June, Prof. Möllers was interviewed by the international financial news agency Bloomberg about the lawsuits pending against Porsche Automobil Holding S.E. at the Regional Court of Braunschweig. The resulting article was published last Tuesday, 26 June 2012. On the following Wednesday, the Regional Court of Braunschweig ruled and shared Prof. Möllers' opinion on the interpretation of the WpHG and on § 826 BGB.
Banking Law Day 2012
As every year, the Bankrechtstag 2012 took place in Frankfurt a.M. on the last Friday in June. Within this framework, current topics from the legal areas of banking and capital market law are examined more closely and discussed intensively. Professor Möllers gave a lecture on the topic of "The presumption of correct conduct - on the concretisation of hypothetical causality - a never-ending story".
The book "Juristische Arbeitstechnik und wissenschaftliches Arbeiten" enters the 6th round
In its sixth edition, Professor Dr. Thomas M.J. Möllers' work once again accompanies law students from the beginning of their studies by providing assistance for effective learning, the exam and the term paper. In the new edition, special attention has been paid to legal research. Sorted according to subject areas, the work offers a very successful overview of how to find German and international laws, court decisions and legal literature (...).
Europe as a Legal Community - Monetary Union and Debt Crisis
Against the background of the current sovereign debt crisis of the European Union, Prof. Dr. Thomas M.J. Möllers and the former Vice-President of the Bundesbank Prof. Dr. Franz-Christoph Zeitler hosted a conference on "Europe as a Legal Community - Monetary Union and Debt Crisis" at the Faculty of Law on 4 and 5 May 2012. In addition to the basics and research into the causes, the conference dealt with possible solutions and new dangers of the monetary union (...).
Publication: Enforcing Consumer and Capital Markets Law – The Diesel Emissions Scandal
This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate. (...)