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Chairholder

Professor Dr. Michael Heese, LL.M. (Yale)

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Photos: Holger Riegel
(external link, opens in a new window)
Photos: Holger Riegel

About the person

Professor Dr Michael Heese has held the chair since August 2015. He studied law at the Georg-August University of Göttingen and, following his legal training at the University of Göttingen, was awarded a Dr. jur. for his thesis on a comparative study of German and US insolvency law. Following a Master’s degree at the renowned Yale Law School, he served as a research assistant to Professor Dr Alexander Bruns and completed his habilitation at the Albert LudwigUniversity of Freiburg, where, on the basis of a thesis on the doctrine of advisory duties and the liability of advisers in civil and commercial law, he was granted the right to teach the subjects of private law, civil procedure, commercial and business law, European private and procedural law, and comparative law.

Curriculum Vitae

Professional Career

  • 1998–2003: Studied law at the Georg-August University of Göttingen
  • 2003: First (full) state law examination at the Hanover Regional Examination Board (grade: ‘good’)
  • 2003–2005: Legal traineeship at the Higher Regional Court of Frankfurt am Main
  • 2005: Second State Law Examination at the State Examination Office in Wiesbaden (grade: ‘good’)
  • 2007: Research fellowship at Harvard Law School, Cambridge, USA
  • 2008: Awarded a Dr. jur. degree from the Georg-August University of Göttingen for a thesison “Creditor Information in Insolvency”(grade: “summa cum laude”)
  • 2008–2009: Master of Laws programme and research fellowship at Yale Law School, New Haven, USA
  • 2009: Master of Laws (LL.M.), Yale University, New Haven, USA
  • 2012: Research fellowship at Harvard Law School, Cambridge, USA
  • 2015: Habilitation by the Faculty of Law at the Albert Ludwig University of Freiburg and award of the venia legendi in the subjects of private law, civil procedure, commercial and business law, European private and procedural law, and comparative law

Career history

  • 2001–2003: Student assistant and research assistant at the Chair of Private Law, Civil Procedure and Comparative Law at the Georg-August University of Göttingen, working under Professor Dr Volker Lipp
  • 2003–2005: Research assistant at the Institute for Commercial and Business Law, Georg-August University of Göttingen, under Professor Dr Alexander Bruns, LL.M.
  • 2005–2008: Assistant Professor (Full-time) at the Institute for Commercial and Business Law, Georg-August University of Göttingen, under Professor Dr Alexander Bruns, LL.M.
  • 2008–2015: Senior lecturer and Habilitation Candidate at the Institute for German and Foreign Civil Procedure, Albert Ludwig University of Freiburg, under Professor Dr Alexander Bruns, LL.M.
  • 2015: Acting Chair of Private Law, Procedural and Insolvency Law, and Private International Law at the Faculty of Law, University of Regensburg (summer semester 2015)
  • 2015: Appointed to a W3 professorship in private law, insolvency law and civil procedure law at the Faculty of Law, University of Regensburg (top candidate on the shortlist)
  • 2015: Appointed as a university professor (W3) at the University of Regensburg; full professor of private law, insolvency law and civil procedure law
  • 2019: Research stay at the University of California, Hastings College of the Law, San Francisco, USA

Academic Activities & Honorary Positions

  • 2012, 2016–2025: Member of the DAAD Selection Committee: Master of Laws Annual Scholarship
  • 2015, 2020: Appointed as an examiner for the First State Law Examination, Bavarian State Ministry of Justice
  • 2016/2017: Member of the DAAD Selection Committee: Expert Advisory Committee for long-term and short-term teaching posts at foreign universities
  • 2016, 2019: Reviewer for the German National Academic Foundation (doctoral funding)
  • 2017, 2020: Reviewer for the German Research Foundation (DFG)

Scholarships & Awards

Memberships

Key areas of research

  • Private law, in particular (corporate) liability law
  • Civil procedure law, collective redress and complex litigation
  • Insolvency law and corporate restructuring law
  • Alternative dispute resolution, in particular arbitration law
  • Commercial and business law, in particular banking and investment law
  • Insurance law
  • European private and procedural law
  • Professional conduct for lawyers
  • comparative law

Publications

I. Monographs and commentaries

  1. Creditor Information in Insolvency – A Comparative Study of US and German Law Aimed at Improving Creditor Protection in Insolvency Proceedings (also a doctoral thesis, Göttingen), Tübingen 2008, XXXV and 492 pages, Mohr Siebeck, Publications on Procedural Law, Volume 56, ISBN 978-3-16-149738-4.

    Awarded:
    - 2008 Academic Prize, Gravenbrucher Kreis
    - Faculty Prize 2009, Georg-August University of Göttingen

    Reviewed by:
    - Haarmeyer ZInsO 2009, 184
    - Ehricke ZIP 2010, 804
     
  2. Duties to Advise – A legal treatise on the doctrine of duties to advise and on the liability of the adviser in civil and commercial and business law (also a habilitation thesis, Freiburg), Tübingen 2015, XXXIV and 531 pages, Mohr Siebeck, Jus Privatum, Volume 193, ISBN 978-3-16-153844-5.

    Awarded:
    - the 2015 Peter Schlechtriem Prize, University of Freiburg
    - 2015 Encouragement Prize, Esche Schümann Commichau Foundation, Hamburg

    Reviewed by: 
    - Armbrüster, ZVersWiss 2015, 804
    - Kilian, AnwBl 2016, 403
    - Müller-Christmann Fachbuchjournal 2017, Issue 4, 28
    - Kumpan AcP 2020, 416
     
  3. The Role of Insolvency Law in the Competition between Legal Systems – Critical Remarks on the Progressive Adoption of a Restructuring Culture of US Origin, Baden-Baden 2018, 101 pages, Nomos-Verlag, Publications of the Regensburg Society for Legal Studies e.V., Volume 42, ISBN 978-3-8487-5054-2.
     
  4. The ZPO written exam. A Guide to Solving Cases from Contentious Proceedings and Enforcement, 4th edition, Munich 2024, 275 pages, C.H. Beck Publishers, JuS Series, ISBN 978-3-406-79598-5 (co-authored with Ekkehard Schumann).

    Reviewed by: 
    - Nowesky, ZJS 2024, 624
     
  5. Jaeger (ed. by Gerhardt/Eckardt/Windel), Insolvency Code, Comprehensive Commentary, Volume 1, Sections 1–35 InsO, Complete new commentary on Sections 20–25 InsO, pp. 1131–1450, 2nd edition, Berlin 2026, De Gruyter Brill (forthcoming).

II. Essays and articles in anthologies

  1. Valuation of claims and valuation obligations in the event of insolvency, DStR 2008, 150–156.
  2. Insurance Claims and Their Falsification under German and US Evidence Law, ZZP 123 (2010), 49–75.
  3. Risk allocation in card payments in Europe and the USA, AcP 210 (2010), 251–304.
  4. The US registered security interest as a model for German and European reforms?, KTS 2010, 405–431.
  5. Out-of-court dispute resolution in legal practice in Germany and the United Kingdom, SchiedsVZ 2011, 30–38.
  6. Fact-finding through extraterritorial enforcement. Including a discussion of the Federal Court of Justice’s decision of 13 August 2009 – I ZB 43/08, ZZP 124 (2011), 73–93.
  7. Open price discrimination and the civil law prohibition of discrimination – an interim assessment, NJW 2012, 572–577.
  8. Debt collection and protection against unwanted contact – comparative law and constitutional law considerations on the protection of privacy in civil law, JZ 2012, 487–498.
  9. The civil judge’s obligation to accept findings of fact made by the criminal court – a forward-looking reform proposal?, JZ 2016, 390–400.
  10. Harmonisation of European sales law – current status, fundamental issues, prospects, in: Brocker/Knops/Roth, Law and Social Justice, Festschrift for Heinz Georg Bamberger on his 70th birthday, 2017, pp. 109–137.
  11. Insolvency Proceedings and Procedural Autonomy – Comparative Law Reflections on the Continued Effect of Arbitration Agreements and the Impact of Insolvency Law Assessments, KTS 2017, 167–187.
  12. The Function of Insolvency Law in the Competition between Legal Systems, JZ 2018, 179–191.
  13. Manufacturer liability for manipulated diesel motor vehicles, NJW 2019, 257–263.
  14. Compensation for use in favour of manufacturers of manipulated diesel vehicles?, VuR 2019, 123–129.
  15. The model declaratory action and the diesel scandal – milestones on Germany’s long journey towards procedural modernity, JZ 2019, 429–440.
  16. What the diesel scandal reveals about law enforcement, its key players and the function of private law, NZV 2019, 273–279.
  17. The Doctrine of Security Interests in Movable Property – Reflections on a Contradictory System and its Viability within a European Legal Framework –, in: Boele-Woelki et al., Festschrift for Karsten Schmidt on his 80th Birthday, 2019, Volume 1, pp. 409–425.
  18. Reopening: Manufacturer’s liability for tampered diesel motor vehicles – A survey of the case law of the Higher Regional Courts, JZ 2020, 178–189.
  19. Nothing but expenses – The diesel scandal, tort law and the Federal Court of Justice, NJW 2020, 2779–2785.
  20. Fact-finding in the diesel scandal – Problems and remedies, NJW 2021, 887–893.
  21. The Publication of Court Decisions in the Age of Digitalisation – Current Status and Shortcomings in the Development of a Fundamental Requirement of the Modern Constitutional State, in: Althammer/Schärtl, Dogmatics as the Foundation for Research and Teaching, Festschrift for Herbert Roth on his 70th Birthday, 2021, pp. 283–340.
  22. The State’s Virtually Unrestricted Duty to Publish the Decisions of its (Supreme) Courts – Including a Review of the Higher Regional Court of Karlsruhe, Judgment of 22 December 2020 – 6 VA 24/20, JZ 2021, 665–673.
  23. Preliminary ruling proceedings before the Federal Court of Justice (BGH), NJW 2021, 3023–3029 (co-authored with Ekkehard Schumann).
  24. Regulation under sales law – key aspects and shortcomings of the EU Directive on the Sale of Goods, AcP 222 (2022), 703–735.

III. Comments on the Decision

  1. Commentary on the decision of the Bavarian Higher Regional Court of 8 April 2005 – 3Z 246/04 (Right to information of a shareholder in a limited liability company (GmbH) in the event of the society’s insolvency),
    KTS 2006, 72 (co-authored with Alexander Bruns).
  2. Commentary on the decisions of the Federal Court of Justice (BGH) of 14 April 2005 – V ZB 25/05 and the Düsseldorf Regional Labour Court (LAG) of 6 September 2005 – 16 Ta 478/05 (Redefinition of a clause in the event of insolvency and the enforceability of a court-approved settlement),
    KTS 2006, 469.
  3. Commentary on the judgement of the Federal Court of Justice (BGH) of 14 December 2006 – IX ZR 92/05 (No analogous application of Section 1362(1) of the German Civil Code (BGB) to non-marital cohabitation),
    LMK 2007, 226293 (together with Alexander Bruns ).
  4. Commentary on the order of the Federal Court of Justice (BGH) of 29 November 2007 – IX ZB 12/07 (No insolvency proceedings upon application by a creditor whose claim is fully secured by a real right),
    LMK 2008, 256405.
  5. Commentary on the judgement of the Federal Court of Justice (BGH) of 24 May 2007 – IX ZR 41/05 (Realisation of an item seized in criminal proceedings in insolvency proceedings),
    KTS 2008, 198 (together with Alexander Bruns ).
  6. Commentary on the judgement of the Federal Court of Justice (BGH) of 15 December 2015 – VI ZR 134/15 (’no-reply’ confirmation e-mails containing advertising as an unlawful infringement of the general right of personality),
    JZ 2016, 529.
  7. Commentary on the judgement of the Federal Court of Justice (BGH) of 18 January 2017 – VIII ZR 234/15 (the listing of the purchased item in the Schengen Information System (SIS) for the purpose of seizure as a legal defect),
    JZ 2017, 529.
  8. Commentary on the judgment of the Federal Court of Justice (BGH) of 18 May 2018 – VI ZR 233/17 (Admissibility of video recordings made by a dashcam in breach of data protection law in traffic accident proceedings), JZ 2018, 942.
  9. Commentary on the judgment of the Federal Court of Justice (BGH) of 28 January 2025 – VI ZR 109/23 (On the question of non-pecuniary damage within the meaning of Article 82(1) of the GDPR),
    JZ 2025, 472​​​​​​​.

IV. Articles on teaching methodology

  1. Assessor examination paper: ‘The civil servant clause in supplementary occupational disability insurance’, JA 2006, 637 (co-authored with Gerhard Knauff).
  2. Trainee lawyer’s written examination: “You only buy twice”, JA 2007, 176.
  3. Trainee lawyer’s written examination paper: “From the Life of a Critic”, JA 2007, 691.
  4. Trainee lawyer examination essay: “On Swallows, Septic Tanks and Vandals”, JuS 2013, 1110 (co-authored with Julian Rapp).
  5. Trainee lawyer examination essay: “A Train Journey with Obstacles”, JA 2014, 251 (co-authored with Julian Rapp and Stefan Thönissen).
  6. Trainee lawyer examination essay: “The Shady eBay Seller”, JuS 2014, 719 (co-authored with Julian Rapp).
  7. Trainee lawyer examination essay: “Please don’t pull the plug!”, JuS 2024, 1151 (with Isabella Clemm).

V. Book reviews

  1. Jahn/Sahm (eds.), Insolvencies in Europe, 4th edition 2004, KTS 2005, p. 105.
  2. Prütting/Wegen/Weinreich (eds.), Commentary on the German Civil Code, 2nd edition 2007, JA 2007, Issue 5, p. VI.
  3. Häsemeyer, Insolvency Law, 4th edition 2007, ZInsO 2008, 32.
  4. Wimmer (ed.), *Frankfurt Commentary on the Insolvency Code*, 5th edition 2009, *KTS* 2010, 236.
  5. Mayr, European Civil Procedure, 2011, ZZP 125 (2012), 128.
  6. Keller, On the Realisation of Debtor’s Assets Located Abroad by German Insolvency Administrators, PhD thesis, 2010, KTS 2013, 186.
  7. Mohrbutter/Ringstmeier (eds.), Handbook of Insolvency Administration, 9th edition 2015, KTS 2015, 507.

VI. Features, Editorials, Commentaries & Miscellaneous

  1. The Role of Dogmatic Thinking in Civil Procedure – Report on the discussion following the opening lecture by Rolf Stürner, conference of the Association of Lecturers in Civil Procedure, 26–29 March 2014 in Freiburg,
    ZZP 127 (2014), 333.
  2. The New Mediation Act – Discussion report on the lecture by Christoph Thole, conference of the Association of Civil Procedure Law Lecturers, 26–29 March 2014 in Freiburg,
    ZZP 127 (2014), 371.
  3. The Regulation of Civil Procedure through the Law on Costs and Value of the Claim in Comparison with the Anglo-American System – Discussion report on the lectures by Abbo Junker, Georg Kodek and Christian Wolf, conference of the Association of Civil Procedure Law Lecturers, 26–29 March 2014 in Freiburg,
    ZZP 128 (2015), 99.
  4. Individual legal protection for consumers,
    NJW Editorial, Issue 49/2018.
  5. Run for your lives!,
    NJW Editorial, Issue 36/2019.
  6. Individual claims in the shadow of the model declaratory action?,
    NJW Editorial, Issue 10/2020.
  7. The ‘lawsuit industry’?
    NJW Editorial, Issue 9/2021.
  8. Compulsory vaccination at universities?,
    NJW Editorial, Issue 23/2021.
  9. Fair to consumers?,
    NJW Editorial, Issue 36/2021.
  10. Congratulations: Ekkehard Schumann on his 90th birthday,
    JZ 2022, 27 (together with Tonio Walter).
  11. Mass Cases Make Bad Law,
    NJW Editorial, Issue 3/2022.
  12. Rome is not in Karlsruhe,
    NJW Editorial, Issue 26/2022.
  13. Commentary. VW diesel scandal 2.0, or: Groundhog Day all over again,
    JZ 2022, 776.
  14. If you stick to something, you’re liable!
    LTO guest commentary dated 20 December 2022.
  15. Didn’t go far enough,
    NJW Editorial, Issue 27/2023.
  16. The struggle with anonymisation,
    NJW Editorial, Issue 41/2023.

VII. Press: Guest articles & interviews

  1. "Law professor on the diesel scandal. Why the prospects of success are good for claimants. Michael Heese, a law professor at the University of Regensburg, systematically analyses diesel-related court rulings. His prediction: the claimants have a good chance in court,
    Interview in the Handelsblatt (www.handelsblatt.com), 18 July 2019.
  2. “The People v Volkswagen”,
    Interview in Focus magazine (issue 35/2019 and www.focus.de), 31 August 2019.
  3. “Class action against VW: VW is a wilful offender”,
    Interview in the *Neue Osnabrücker Zeitung* (print edition and www.noz.de), 28 September 2019.
  4. “VW trial: Law professor Michael Heese: ‘VW’s conduct is in breach of good faith’. Legal expert Michael Heese criticises the model class action against VW. However, he believes there is a good chance that the claimants will be awarded damages.”
    Interview in the *Handelsblatt* (print edition and www.handelsblatt.com), 1 October 2019.
  5. “Diesel drivers versus VW. Is the model claim worthless?”,
    Interview for ZDF Frontal21, broadcast on 8 October 2019.
  6. “VW diesel scandal: Paid off and hushed up” and “VW and the scientific community: Unclear circumstances surrounding the investigation into the diesel scandal”,
    Interview in the *Handelsblatt* (print edition and www.handelsblatt.com), 7 November 2019.
  7. “Diesel buyers v. VW: Who wins and how often?”,
    Interview for NDR (www.ndr.de/niedersachsen) dated 24 November 2019 (surprisingly no longer available on the NDR website, but can be found here).
  8. “Corporate liability, corporate morality and ethos in law”,
    Interview for the University of Regensburg (www.uni-regensburg.de), 25 November 2019.
  9. “It could end up costing Volkswagen dearly – Michael Heese has studied the civil claims brought by VW customers more thoroughly than any other academic. He believes the individual claimants have a clear advantage”,
    Interview in the Handelsblatt (www.handelsblatt.com), 3 January 2020.
  10. “Defeat for Volkswagen”,
    Interview on ZDF’s heute journal, broadcast on 25 May 2020.
  11. “Diesel scandal – ‘Certainly open to moral criticism’”,
    Interview in the *Süddeutsche Zeitung* (print edition and www.sueddeutsche.de), 26–27 May 2020.
  12. “Federal Court of Justice ruling. Diesel scandal reaches its conclusion”,
    Interview in ZEIT ONLINE (www.zeit.de), 25 May 2020.
  13. “Landmark ruling. Federal Court of Justice rules on lawsuit in the diesel scandal”,
    Radio interview on DLF-Kultur, broadcast on 25 May 2020.
  14. “The second wave is coming: Federal Court of Justice ruling on the diesel scandal”,
    Radio interview on WDR (Morgenecho), broadcast on 25 May 2020.
  15. “VW ruling in the diesel scandal”,
    Radio interview on Bavaria 2 (radioWelt), broadcast on 26 May 2020.
  16. The Braunschweig stronghold falls – VW faces further costs running into hundreds of millions,
    Interview in the Handelsblatt (www.handelsblatt.com), 24 June 2020.
  17. Further hearings at the Federal Court of Justice (BGH) regarding the diesel scandal,
    Interview on BR Rundschau, broadcast on 28 July 2020.
  18. Diesel scandal: ‘How the wave of lawsuits is paralysing the courts’,
    Interview on ARD’s ‘plusminus’, broadcast on 11 November 2020, and on BR’s ‘Rundschau’, broadcast on 16 November 2020.
  19. ECJ ruling: “What the diesel ruling means for car owners and manufacturers”,
    Interview in the *Süddeutsche Zeitung* (print edition and www.sueddeutsche.de), 17–18 December 2020.
  20. Covid-19 vaccination privileges: Freedom from the jab,
    Interview for Zeit Online, 9 January 2021.
  21. A ban on ‘privileging’ vaccinated people would be unconstitutional,
    Opinion piece in Handelsblatt (print edition and www.handelsblatt.com), 12 January 2021.
  22. Setback for Daimler: appeal against recalls rejected,
    Interview for BR and Tagesschau (www.tagesschau.de / www.br.de), 5 February 2021.
  23. Diesel scandal: How Daimler is fending off lawsuits from Mercedes drivers,
    Interview on ARD’s ‘plusminus’, broadcast on 10 February 2021.
  24. Class-action lawsuits. New providers and new laws are shaking up the legal market,
    Interview in the Handelsblatt (print edition and www.handelsblatt.com), 26 June 2021.
  25. “What lies behind the class action against Daimler”,
    Interview in the Süddeutsche Zeitung (www.sueddeutsche.de) dated 7 July 2021.
  26. “Compulsory vaccination could be the key to a return to normality”,
    Interview in DER SPIEGEL (www.spiegel.de) dated 31 July 2021.
  27. “A semester abroad creates a healthy distance from one’s own legal system”,
    Interview for the BMBF & DAAD, ‘Studying Worldwide’, 22 March 2022.
  28. “ECJ ruling on thermal windows”,
    Radio interview on Bavaria 2 (radioWelt), broadcast on 14 July 2022.
  29. “Diesel scandal: It’s still a messy business. The case against former Audi CEO Rupert Stadler could soon come to a conclusion. But the diesel scandal is far from being resolved”,
    Interview in ZEIT Online, 16 May 2023.
  30. Will mass trials ease the burden on the judiciary?,
    Interview on ARD/ZDF’s Mittagsmagazin on 16 May 2023, on SWR Aktuell on 16 May 2023 and on tagesschau.de on 16 May 2023.
  31. How start-ups are challenging the courts,
    Interview in the FAZ Sonntagszeitung on 27 October 2024.
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