Publications

5 Cases on Methodology: The Legal Method in Case Analysis, JuS Series, C. H. Beck Publishers (co-authored with Johannes Weiß)
- 1st ed. 2020, 225 pp.
– 2nd, substantially expanded edition 2023, 304 pp.
(Review of the first edition by Rebler, DVBL 2021, 33 – see here (external link, opens in a new window))

4 Reform of the Review of Standard Terms and Conditions in the B2B Sector – Legal Situation – Reform Debate – Proposed Regulations, approx. 125 pages, Nomos Verlag 2020

3 BGB : General Part (Beck’s Examinatorium), C. H. Beck Publishers (co-authored with Prof. Dr Hans Christoph Grigoleit) (Table of Contents (external link, opens in a new window))
– 1st edition 2006, X, 234 pp.
– 2nd, expanded edition 2010, X, 262 pp.
- 3rd, substantially expanded edition 2015, X, 294 pp.
- 4th, updated edition 2021, X, 320 pp.

2 Market and Contract in an Integrated State – The Consequences of European Integration for the Freedom of Economic Activity under Private Law (Habilitation thesis)

1 The Development of Law within the Framework of European Law: Methods, Competences, Limits; Illustrated by the Example of Private Law, XIX, 406 pp., C. H. Beck Publishers, 2006, Volume 204 of the ‘Münchener Universitätsschriften’ series, (doctoral thesis; awarded the 2006 Faculty Prize by the Faculty of Law at Ludwig Maximilian University of Munich; publication supported by the Association for the Promotion of German, European and Comparative Commercial Law e.V., Frankfurt am Main; table of contents (external link, opens in a new window), subject index (external link, opens in a new window); reviews: Gärtner, HessStaatsAnz 2006, 2518 ff.; *Blätter um die Freudenberger Begegnung* 3/2007 (anonymous); Moes, *ZEuP* 2008, 221 ff.; Schmidt-Kessel, *GPR* 2009, 219 ff. (external link, opens in a new window))

10 Editor of ZIP – Journal of Business Law (since 2024; previously a member of the editorial board, 2020–2024)

9 Editor of Staudinger’s *Eckpfeiler des Zivilrechts* (Cornerstones of Civil Law), Sellier – de Gruyter (since 2019)

8 Editor of Staudinger, J. von Staudinger’s Commentary on the Civil Code, published by Sellier – de Gruyter (since 2018)

7 *PayTechLaw : The Law of Digital Payment Services*, 1st ed. 2025, C. H. Beck (in collaboration with Matthäus Schindele and Frank Müller)

6 Munich Commentary on the German Commercial Code (HGB), Volume VI: Banking Contract Law, published by C. H. Beck, volume editor (from the 4th edition, 2019)

5 Beck’s Online Comprehensive Commentary on the German Commercial Code (HGB), Beck-Online (BeckOKG-HGB), Sections 1–104a HGB, C. H. Beck (co-editor)

4 Private Law Dogmatics in the 21st Century, Festschrift for Claus-Wilhelm Canaris on his 80th birthday, de Gruyter, 2017, edited jointly with Hans Christoph Grigoleit, Jens Petersen and others (review by Mankowski in NJW 2018, 1934)

3 Claus-Wilhelm Canaris: Collected Writings, de Gruyter, 2012, edited jointly with Hans Christoph Grigoleit, Jörg Neuner and others

2 Writings on Corporate Law as a Whole, Nomos Verlag, (co-authored with Prof. Dr Wolfgang Servatius)

1 Full Harmonisation in Private Law – Is the Concept of the Directive at a Crossroads?, Mohr Siebeck, 2009 (co-authored with Prof. Dr Beate Gsell)
– including: Introduction, pp. 1–12 (co-authored with Prof. Dr Beate Gsell)

9 BeckOGK GmbHG, Beck’s Online Comprehensive Commentary on the GmbHG, C. H. Beck Publishers, commentary on
- Section 30 of the GmbHG (capital maintenance, approx. 180 pages)
- Section 31 GmbHG (Reimbursement of prohibited payments, approx. 140 pages)

8 Munich Commentary on the HGB, 5th ed. 2024, Volume VI – Banking Contract Law, volume editor and commentary on
- Current account relationships (350 pages)
- Credit transfers (300 pp.)
- Asset management (60 pp.)
- Traveller’s cheques (12 pp.)

7 Weitnauer/Boxberger/Anders , KAGB, 3rd ed. 2021, C.H. Beck Publishers, commentary on Sections 26–30, 287–292 KAGB (65 pp.)

6 Munich Commentary on the HGB, 4th ed. 2019, Volume VI – Banking Contract Law, volume editor and commentary on
- current account relationships (296 pp.)
- Asset management (57 pp.)
- Traveller’s cheques (12 pp.)

5 Staudinger , Commentary on the German Civil Code, Sellier – de Gruyter, commentary on
- a) Sections 655a–655e of the Civil Code (BGB) (brokerage of consumer loans and financial assistance provided for a fee), revised in 2020 (85 pages)
b) Sections 655a–655e BGB (Brokerage of consumer loan agreements), revised in 2016 (61 pages)
- a) Sections 358–361 of the German Civil Code (BGB) (linked and related contracts), revised in 2026,
b) Sections 358–360 of the German Civil Code (BGB) (Linked and Interrelated Contracts), revised in 2021,
b) Sections 358–360 of the German Civil Code (BGB) (Linked and Related Contracts), revised 2017, 249 pages, VII (separate volume)

4 BeckOGK BGB, Beck’s Online Comprehensive Commentary on the BGB, C. H. Beck Publishers, commentary on
- Section 311 of the BGB (Legal and quasi-legal obligations; culpa in contrahendo)
- Prospectus liability (prospectus liability under special legislation; prospectus liability under civil law)
- Capital investments (investment advice; investment brokerage)
- Duties to provide information in banking transactions, particularly loan agreements
- Section 311a of the German Civil Code (Initial impossibility)
- Section 325 of the German Civil Code (BGB) (Compensation for damages and withdrawal)
- Section 326 of the German Civil Code (BGB) (Exemption from the obligation to perform and withdrawal where the obligation to perform is excluded)
- Duties of care and consideration between the credit institution and the customer (‘General Banking Contract’)
(563 pp.; online version as at 15 January 2025)

3 Langenbucher/Bliesener/Spindler (eds.), Commentary on Banking Law, C.H. Beck Publishers,

a) 3rd ed. 2021, commentary on
- Payment Services Contract (Sections 675c–675i of the German Civil Code (BGB)) (88 pp.)
- Accounts and online banking (Sections 675j–676c of the German Civil Code (BGB)) (128 pp.)
- Debit cards (86 pp.)

b) 2nd ed. 2016, commentary on
- Payment Services Contract (Sections 675c–675i of the German Civil Code (BGB)) (61 pp.)
- Accounts and online banking (Sections 675j–676c of the German Civil Code (BGB)) (101 pp.)
- Debit cards (55 pp.)

c) 1st edition 2013, commentary on
- Sections 675c–675i of the German Civil Code (BGB) (Payment Services Contract) (58 pp.)
- Accounts and online banking – introduction and Sections 675j–676c of the German Civil Code (BGB) (101 pp.)
- Debit card (53 pp.)

2 Staudinger , Cornerstones of Civil Law, published by Otto Schmidt – de Gruyter
a) Chapter L ‘The Law of Credit Security’ and ‘Factoring’, 9th ed. 2025, pp. 811–945
b) Chapter L ‘The Law of Credit Security’ and ‘Factoring’, 8th ed. 2022, pp. 779–909
c) Chapter L “The Law of Credit Security” and “Factoring”, 7th ed. 2020, pp. 755–883
d) Chapter K ‘The Law of Credit Security’ and ‘Factoring’, 6th ed. 2018, pp. 595–711
e) Chapter K ‘The Law of Credit Security’, 5th ed., 2014/2015, pp. 699–792

1 Schlachter/Ohler (eds.), Commentary on the Services Directive (Directive 2006/123/EC), Nomos Verlag, 2008 (review by Kugelmann, DÖV 2009, 166; Eisenmenger NZA 2009, 358), commentary on
- Article 19 (Freedom of the recipient of services),
- Article 20 (Prohibition of discrimination),
- Article 27 (Measures for the settlement of disputes).

29 Credit card payments , in: Herresthal/Schindele/Müller (eds.), PayTechLaw, 2025, pp. 427–475

28 Sales-related conflicts of interest in robo-advisory services, in: Linardatos (ed.), Handbook of Robo-Advice, 2020, pp. 224–249

27 forthcoming : Fundamental Issues of the Methodology of European Private Law, in: Alpa/Di Donna, Lectures in the Master of European Private Law at Sapienza – Università di Roma, 2023

26 Information Duties under German General Contract Law and the German Law of Consumer Contracts, in: Dernauer/Baum/Bälz (eds.), Information Duties, Japanese and German Private Law, Journal of Japanese Law/Zeitschrift für Japanisches Recht, Special Issue 11 (2018), 2018, pp. 93–119

25 Private Law Doctrine in Banking Contract Law, in: Private Law Doctrine in the 21st Century, Festschrift for Claus-Wilhelm Canaris on his 80th birthday, Walter de Gruyter, 2017, pp. 896–906

24 Protection of Freedom of Contract after (Local) Deregulation, in: Basedow/Kono (eds.), Special Economic Zones: Experiments in Local Deregulation, Mohr Siebeck, 2016, pp. 131–151

23 Offer and Acceptance – Other Forms of Manifestation of Consent under the German Civil Code, in: R. Schulze/P. P. Viscasillias (eds.), The Formation of Contract: New Features and Developments in Contracting, 2016, pp. 105–133

22 Private Power in Contract Law (Exchange Contracts), in: Möslein (ed.), Private Power, Mohr Siebeck, 2016, pp. 145–191

21 Recent Developments in (Primarily Civil-Law) Prospectus Liability, in: Publications of the Bank Law Association (Schriften der Bankrechtlichen Vereinigung e.V.), Bank Law Conference 2015, de Gruyter, 2015, pp. 113–171

20 The Formation of European Company Law – Safeguarding Freedom in the Core Area of Business Activity, Festschrift Müller-Graff, 2015, pp. 223–230

19 Continuing Obligations of Loyalty and Consideration, in: St. Arnold/St. Lorenz (eds.), Commemorative Volume for Hannes Unberath, 2015, pp. 181–212

18 The Changing Paradigm of the Review of Standard Terms and Conditions Governing Bank Fees under the Law on Payment Services, in: Hilbig-Lugani/Jakob/Mäsch/Reuß/Schmid (eds.), ‘Zwischenbilanz’, Festschrift for Dagmar Coester-Waltjen, Gieseking Verlag, 2015, pp. 1109–1125

17 The 2002 modernisation of the law of obligations – a model for the harmonisation of European private law?, in: Artz/Gsell/Lorenz (eds.), Ten Years of Modernisation of the Law of Obligations, Mohr Siebeck, 2014, pp. 279–325

16 The Development of Law in a Supranational, Fragmented Legal Order, in: St. Arnold (ed.), Foundations of European Contract Law, Sellier Verlag, 2013, pp. 49–78

15 ‘10 Years after the Reform of the Law of Obligations in Germany – The Position of the Law of Obligations in the German Civil Code’, in: Schulze/Zoll (eds.), The Law of Obligations in Europe – A New Wave of Codifications, Sellier Verlag, 2013, pp. 173–200

14 Constitutionalisation of Freedom of Contract in EC Law, in: Huber/Ziegler, Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK, Studies of the Oxford Institute of European and Comparative Law, Hart Publishing, 2013, pp. 89–116

13 The Desirability of Harmonising European Contract Law through Optional Instruments, in: Hahn (ed.), Common European Sales Law – A Modern Approach or an Unrealistic Vision?, C. H. Beck, 2012, pp. 83–112

12 On the Dogmatics and Methodology of the Common European Law of Sales as Proposed by the Sales Regulation, in: Jansen/Schulte-Nölke/Zoll (eds.), The Draft Optional European Sales Law, Sellier Verlag, 2012, pp. 85–148

11 Minimum harmonisation , full harmonisation, ‘targeted harmonisation’ – harmonisation concepts and their implications for German contract law, in: von Bar/Wudarski (eds.), Germany and Poland in the European Legal Community, Sellier Verlag, 2012, pp. 25–64

10 The Temporal Scope of Application of the Warranty under Tenancy Law, in: German Tenancy Law Conference (ed.), Commemorative Publication: 10 Years of the Tenancy Law Reform Act – A Review, C. H. Beck, 2011, pp. 157–168

9 Unexpected Circumstances in German Private Law, in: Hondius/Grigoleit (eds.), Unexpected Circumstances in European Contract Law: The Common Core of European Private Law, Cambridge University Press, 2011, 74 pp.

8 The Regulatory Density of (Fully Harmonising) Directives and the European Court of Justice’s Power to Specify, in: Gsell/Herresthal (eds.), Full Harmonisation in Private Law – Is the Concept of the Directive at a Crossroads?, Mohr Siebeck, 2009, pp. 113–161 (Table of Contents (external link, opens in a new window))

7 Consumer Law in the DCFR, in: G. Wagner (ed.), The Common Frame of Reference: A View from Law & Economics, Sellier Verlag, 2009, pp. 163–205 (Table of Contents (external link, opens in a new window))

6 The Unity of Private Law in European Integration – Palladium or Relic of a Bygone Era?, in: Domej/Dörr et al. (eds.), Unity of Private Law, Complex World: Challenges Posed by Increasing Specialisation and Interdisciplinarity, Yearbook of Young Civil Law Scholars 2008, R. Boorberg Verlag, 2009, pp. 139–176 (article (external link, opens in a new window); table of contents (external link, opens in a new window))

5 Liability forthe Transfer and Misuse of Accounts under Civil Law, in: Taeger/Wiebe (eds.), From AdWords to Social Networks – New Developments in Information Law, Oldenburger Verlag für Wirtschaft, Informatik und Recht, 2008, pp. 21–46

– abridged version in: K&R (Communication & Law) 2008, 705–711

4 Remedies for infringements of intellectual property – The promotion of market transactions as a guiding principle, in: Hilty/Jaeger/Kitz (eds.), Intellectual Property: The Challenge of Enforcement, Springer Verlag, 2008, pp. 123–154

3 The Consequences of European Integration for the Private Law Society, in: Heldrich/Prölls/Koller et al. (eds.), Festschrift for Claus-Wilhelm Canaris on his 70th Birthday, Volume II, C. H. Beck, 2007, pp. 1107–1134 (Table of Contents (external link, opens in a new window)) (Reviews by Adomeit, NJW 2007, 3769; Krüger, AcP 208 (2008), 699)

2 The ‘Third Effect of Fundamental Freedoms’ in Community Law – Towards the Dissolution of a Uniform Legal Concept, in: Neuner (ed.), Fundamental Rights and Private Law from a Comparative Law Perspective, Mohr Siebeck, 2007, pp. 177–216 (Table of Contents (external link, opens in a new window); review by Kube, GPR 2008, 184 ff.)

– Portuguese version: ‘A ‘eficácia jurídico-privada das liberdades fundamentais’ no direito comunitário – para a dissolução de uma figura jurídica unitária’, in: Pinto Monteiro/Neuner/Sarlet (eds.), Fundamental Rights and Private Law: A Comparative Law Perspective, Almedina, 2007, pp. 237–290

1 ‘European Law Aspects of Contract Law’, in: Langenbucher (ed.), European Private and Commercial Law, Nomos Verlag (up to 2nd ed.: ‘European Law Aspects of Private Law’)

– 1st ed. 2005, pp. 67–180 (Table of Contents (external link, opens in a new window); reviews by Baldus GPR 2005, 179 et seq.; Moes MittBayNot 2005, 384 et seq.; Deckert EuZW 2006, 721; Gruber ZEuP 2007, 394 ff.)

– 2nd, expanded edition 2008, pp. 41–164 (Table of contents (external link, opens in a new window); review by Baldus, GPR 2008, 183)

- 3rd, expanded edition 2013, pp. 69–201

- 4th, expanded edition 2017, pp. 71–206

- 5th, updated edition 2022, pp. 79–217

76 The inclusion of sales-financing dealers as a regulatory flaw in the AML Regulation, BKR 2016, 725–733

75 The overall risk indicator under the PRIIPs Regulation for open-ended property funds, ZIP 2026, 449–462

74 Minimum wage obligations in the supply chain: the LkSG and new risks arising from the CSDDD, NZA 2025, Supplement 3 from 12/2025

73 The calculation of early repayment penalties in residential property loan agreements, ZEuP 2025, 151–170

72 Purchase on account as a collateral damage of the Consumer Credit Directive 2023? - On the definition of the ‘third party’ in Article 2(2)(h) of Directive (EU) 2023/2225, ZIP 2024, 2961–2973

71 The Unusual Nature of Extremely Long-Term Banking Products for Retail Banking Customers, NJW 2024, 3329–3333

70 The validity of annual fee clauses in Riester building society savings contracts, ZIP 2024, 909–921

69 The Overlap between the LkSG and German labour law – On resolving the parallelism of regulatory regimes, NZA 2023, Supplement 2 to Issue 22/2023, pp. 64–72

68 The issue of so-called negative interest rates in promissory note loans with a floating interest rate clause (including a note on the Federal Court of Justice (BGH) judgment of 9 May 2023 – XI ZR 544/21), ZIP 2023, 1873–1881

67 The allocation of risk in combined securities loans (including a note on the Düsseldorf Higher Regional Court, 20 January 2022 – 6 U 41/21), NZG 2023, 1110–1118

66 The requirements under EU law regarding invalid standard terms and conditions, NJW 2023, 1161–1167

65 No exclusion of prospectus liability in the broader sense by virtue of the special statutory prospectus liability, ZWH 2023, 85–89

64 Valid option premiums during the savings phase of a building society savings contract, ZIP 2023, 333–342

63 Dormant accounts and old savings books – On the necessity of not enacting legislation, BKR 2023, 69–76

62 The exclusion of Russian and Belarusian banks from the SWIFT system as an EU sanction, WM 2022, 1617–1628

61 The contractual consequences of a retrospective tax revaluation of combined securities loans, ZBB 2022, 97–130

60 The invalidity of the clause on amendments to general terms and conditions in banks’ terms and conditions following the Federal Court of Justice’s ruling, ZHR 2022, 373

59 The time limits on the recovery of back-dated interest in the case of invalid interest adjustment clauses in premium savings contracts – case law contrary to the law, ZIP 2022, 921–935

58 The limitation period for claims to interest credits in long-term savings contracts, WM 2021, 1565–1576

57 The rejection of a duty to provide information on the part of the party using the clause in the case of a supplementary interpretation of ongoing contracts, BKR 2021, 131–140

56 Compliance with EU law of supplementary contractual interpretation in the case of invalid standard terms and conditions, NJW 2021, 589–592

55 The legal classification of motor vehicle leasing with mileage-based billing, ZVertriebsR 2020, 355–366

54 Judicialsupplementation of contracts in the absence of, or where interest rate adjustment clauses in premium savings contracts are invalid, Part I and Part II, WM 2020, 1949–2004

53 Judicialsupplementation of contracts in the absence of, or where interest rate adjustment clauses in premium savings contracts are invalid, Part I, WM 2020, 1949–1959

52 The contractual provisions governing consumer credit law in the context of the COVID-19 pandemic under Article 240(3) of the Introductory Act to the German Civil Code (EGBGB), ZIP 2020, 989–1001

51 The legal consequences of the model cancellation notice for consumer loans being contrary to the Directive, ZIP 2020, 745–755

50 The consequences of the Geoblocking Regulation for the use of general terms and conditions in the B2B sector, NJW 2020, 361–366

49 The re-definition of credit card payments and the scope of the acquirer’s liability in the event of credit card misuse, ZBB 2019, 353–368

48 The Validity of Fees Stipulated in the Terms and Conditions During the Savings Phase of a Building Society Contract, WM 2019, 897–906

47 Compliance in banking contract law: The obligations of senior management in the event of invalid bank charges, CCZ – Corporate Compliance Journal 2019, 101–112

46 The SEPA Instant Transfer (SCT Inst), ZIP 2019, 895–907

45 The legal consequences of revoking motor vehicle finance agreements, ZIP 2019, 49–60

44 On the abusive exercise of the right of withdrawal in consumer loan agreements, with a commentary on the Federal Court of Justice (BGH) judgement of 18 October 2018, XI ZR 69/18, NJW 2019, 13–16

43 The revocation of consumer loans and associated motor vehicle purchase contracts, ZIP 2018, 753–764

42 The postponement of the start of the limitation period in cases of uncertain and doubtful legal situations – ‘contra legale’ acquisition of rights in the law of limitation, WM 2018, 401–410

41 The termination of forward loans, ZIP 2017, 1541

40 The termination of building society savings contracts, together with a discussion of the Federal Court of Justice (BGH) judgements of 21 February 2017, XI ZR 185/16 and XI ZR 272/16, ZIP 2017, 852–862

39 Prima facie evidence and liability based on apparent legal status in online banking, JZ 2017, 28–35

38 Termination of building society savings contracts by the building society, ZIP 2016, 1257–1266

37 Assistance with switching accounts and measures to increase transparency under the Payment Accounts Act (ZKG), BKR 2016, 221–228

36 The right to a basic account under the Payment Accounts Act (ZKG) – The retreat of contractual freedom in banking contract law, BKR 2016, 133–143

35 The validity of loan fee clauses in the General Terms and Conditions for Building Society Savings, ZIP 2015, 1949–1958

34 The validity of arbitration agreements with board members and managing directors in disputes concerning directors’ and officers’ liability, ZIP 2014, 345–353

33 Interpretation in accordance with directives and the constitution in private law, JuS 2014, 289–298

32 The Charter of Fundamental Rights and private law – The significance of the Charter of Fundamental Rights for European and national private law, ZEuP 2014, 238–279

31 The Contractual Consequences of Fee-Based Investment Advice under the German Securities Trading Act (WpHG), WM 2014, 773–783

30 The termination of current accounts by private banks under payment services law, WM 2013, 773–782

29 The further development of information-based investor protection in the Federal Court of Justice’s swap ruling as an impermissible extension of the law, ZIP 2013, 1049–1057

28 Case law on disclosure obligations in relation to refunds: an assessment under European law, WM 2012, 2261–2267

27 The Basis and Scope of Disclosure Obligations in Proprietary Trading in Certificates – with a Discussion of BVerfG 1 BvR 2514/11, BGH XI ZR 182/10 and BGH XI ZR 178/10, ZBB 2012, 89–105

26 The Draft Common European Sales Law – Opportunities, Risks, Structural Shortcomings, *WiVerw* 2012, 140–152

25 Basis and Limits of Liability in the Economic Re-establishment of a GmbH (in collaboration with Prof. Dr Wolfgang Servatius), ZIP 2012, 197–204

24 The Proposed European Contract Law: The Optional Structure of the so-called ‘Optional Instrument’, ZIP 2011, 1347–1353

23 The due date for rent under the new law on payment transactions, NZM 2011, 833–841

22 The rejection of a perpetuation under primary law of the level of consumer protection provided under secondary law, EuZW 2011, 328–333

21 European ContractLaw asan Optional Instrument, EuZW 2011, 7–12

20 The Re-Individualisation of Collective Labour Law in European Integration: The Case of Collective Bargaining Autonomy, EuZA 2011, 3–29

19 The duty to provide information on refunds and the consequences of breaching it, ZBB 2009, 348–361

18 The obligation to assess creditworthiness and to provide an appropriate explanation under the new Consumer Credit Directive 2008/48/EC, WM 2009, 1174–1180

17 The extinction of a monetary debt as a so-called ‘qualified debt of chance’, ZGS 2008, 259–266

16 The unwritten element of enforceability in sections 281(1) and 323(1) of the German Civil Code (BGB), Jura 2008, 561–569

15 Breaches of contract in contracts for successive deliveries, ZJS 2008, 1–12

14 The limits of directive-compliant legal development in the law of sale, WM 2007, 1354–1360

13 Compensation for damages arising from delay upon withdrawal from the contract, JuS 2007, 798–803

12 Conditions and limits of the development of the law in conformity with Community law, EuZW 2007, 396–400

11 The Timeliness of Performance in the Settlement of Monetary Debts, ZGS 2007, 48–53

10 ‘Fictitious’ entrepreneurs and ‘fictitious’ consumers in the German Civil Code (BGB), JZ 2006, 695–707

9 The scope of application of the provisions on fixed-price commercial sales (Section 376 of the German Commercial Code (HGB)) in light of the reformed law of obligations, ZIP 2006, 883–890

8 Unauthorisedself-performance in general and specific law on breach of contract, NJW 2005, 1457–1461, in collaboration with Thomas Riehm

7 Form requirements for amendments to consumer loans, BKR 2004, 479–483

6 The disruption of the basis of a contract in German law, Peking University Law Journal 2004, Vol. IV, 385–410 (translation and comparative legal commentary by Defeng Xu)

5 The Agreement on Quality and its Categorisation in Section 434(1) of the German Civil Code (BGB), JZ 2003, 233–239, co-authored with Dr Hans Christoph Grigoleit

4 Fundamentals of Liability for Material Defects in the Law of Sale, JZ 2003, 118–127, in collaboration with Dr Hans Christoph Grigoleit

3 Accession to a debt, Jura 2002, 825–833, in collaboration with Dr Hans Christoph Grigoleit

2 The requirement for formalities in a power of attorney to conclude a consumer loan – Federal Court of Justice (BGH), NJW 2001, 1931; 2001, 2963, JuS 2002, 844–850

1 The Assumption of Debt, Jura 2002, 393–401, in collaboration with Dr Hans Christoph Grigoleit

42 Commentary on the judgement of the Federal Court of Justice (BGH), 19 November 2024 – XI ZR 139/23 (Reimbursement of bank charges), WuB 2025, 128–134

41 Commentary on the judgement of the Federal Court of Justice (BGH), 15 October 2024 – XI ZR 39/24 (Commencement of the withdrawal period despite a cascading reference in the withdrawal information for a consumer loan agreement), ZIP 2025, 72–73

40 Commentary on the judgement of the Higher Regional Court of Koblenz, 1 March 2024 – 8 U 1764/22 (Distinction between permissible terminations of so-called premium savings contracts by the savings bank), WuB 2024, 413–418

39 Commentary on the judgement of the Federal Court of Justice (BGH), 14 May 2024 – XI ZR 327/22 (applicability of the ‘presumption of conduct in accordance with the duty to provide information’ even in the event of a breach of the bank’s duties to warn and provide information in payment transactions), ZIP 2024, 1453–1458

38 Commentary on the judgment of the Higher Regional Court (OLG) of Frankfurt am Main, 8 September 2023 – 10 U 75/20 (No claim for unjust enrichment due to a change in tax authority practice regarding cum/cum transactions), RdF 2024, 67

37 Commentary on the judgment of the Federal Court of Justice (BGH) of 11 July 2023 – XI ZR 111/22 (Limitation period under section 676b(2) of the German Civil Code (BGB) and liability of the guarantor), EWiR 2023, 513

36 Commentary on the request for a preliminary ruling from the Ravensburg Regional Court of 8 August 2022 – 2 O 316/21 (early repayment penalty in the event of early repayment of a mortgage loan), WuB 2023, 5–10

35 Commentary on the judgment of the Federal Court of Justice (BGH) of 25 October 2022 – XI ZR 44/22 (On the calculation of compensation for loss of value following the revocation of a linked motor vehicle and loan agreement), EWiR 2022, 737

34 Commentary on the judgement of the Higher Regional Court of Stuttgart, judgement of 11 May 2022 – 13 U 1/21 (Claim for ‘negative interest’ against an institutional lender in the event of a fall in the reference interest rate – interpretation of the floating interest rate clause), EWiR 2022, 451

33 Commentary on the advisory letter from the Federal Court of Justice (BGH) dated 18 January 2022 – XI ZR 104/21 and the Higher Regional Court of Nuremberg, 29 March 2022 – 14 U 3259/20 (Termination of premium savings contracts where a premium scale is specified) WuB 2022, 233–239

32 Commentary on the judgement of the Federal Court of Justice (BGH) of 14 December 2021 – XI ZR 72/20 (municipal special-purpose association as a municipal association within the meaning of Section 489(4), second sentence, of the German Civil Code (BGB)), EWiR 2022, 129

31 Commentary on the Opinion of Advocate General Hogan of 15 July 2021 – C-33/20, C-155/20, C-187/20 (Obligation to specify the default interest rate applicable at the time of conclusion of the contract as a percentage in a consumer credit agreement), EWiR 2021, 481 et seq.

30 Commentary on the judgement of the Federal Court of Justice (BGH) of 24 February 2021 – VIII ZR 36/20 (No right of withdrawal for the lessee in mileage-based leasing contracts), LMK 2021, 808531

29 Commentary on the judgement of the Federal Court of Justice (BGH) of 17 November 2020, XI ZR 294/19 (liability of the payer in the case of a forged fax instruction), EWiR 2021, 97 et seq.

28 Commentary on the judgement of the Federal Court of Justice (BGH) of 28 July 2020, XI ZR 288/19 (Commencement of the withdrawal period despite incorrect information regarding the early repayment penalty in a consumer loan agreement), EWiR 2020, 545

27 Commentary on the Opinion of Advocate General Szpunar of 2 May 2019, Case C-28/18 (Deutsche Bahn’s online payment system contrary to EU law), EWiR 2019, 385

26 Commentary on the judgement of the Federal Court of Justice (BGH) of 16 October 2018, XI ZR 593/16 (On the invalidity of a standard-form clause concerning a processing fee in business loans), EWiR 2019, 1 ff.

25 Commentary on the judgement of the Federal Court of Justice (BGH) of 21 December 2017, XI ZR 152/17 (Duties to provide information arising from a financial advisory contract), LMK 2018, 406663

24 Commentary on the judgement of the Regional Court of Tübingen of 26 January 2018, 4 O 187/17 (Negative interest rates in deposit business), EWiR 2018, 227 ff.

23 Commentary on the judgment of the Federal Court of Justice (BGH) of 25 July 2017, XI ZR 260/15 (flat-rate fee for smsTAN inadmissible), EWiR 2017, 581 ff.

22 Commentary on the judgement of the Federal Court of Justice (BGH) of 4 April 2017, II ZR 179/16 (consumer’s right to rescission and to information applies only against the lender in the event of revocation of a loan-financed indirect fund participation), WuB 2017, 529 ff.

21 Commentary on the judgement of the Federal Court of Justice (BGH) of 8 November 2016, XI ZR 552/15 (Invalidity of a loan fee in the general terms and conditions of building societies), LMK 2017, 386901

20 Commentary on the judgement of the Federal Court of Justice (BGH) of 27 September 2016, XI ZR 81/15 (internal settlement between limited liability company (GmbH) shareholders acting as guarantors in proportion to the maximum amounts assumed under the respective guarantees), EWiR 2017, 67 ff.

19 Commentary on the judgement of the Federal Court of Justice (BGH) of 12 July 2016, XI ZR 501/15 (On the abuse of rights in the revocation of a consumer loan agreement), EWiR 2016, 581 ff.

18 Commentary on the judgment of the Federal Court of Justice (BGH) of 16 February 2016, XI ZR 454/14 (Risk premium and administration fee in accordance with a clause in a subsidised loan agreement), EWiR 2016, 289 ff.

17 Commentary on the judgement of the Federal Court of Justice (BGH) of 20 January 2015, XI ZR 316/13 (Duties to provide advice in the sale of cross-currency swaps), ZIP 2015, 576–578

16 Commentary on the judgment of the European Court of Justice (ECJ) of 18 December 2014, Case C-449/13 – Consumer Finance SA (on the burden of proof regarding the lender’s compliance with pre-contractual information and assessment obligations), EWiR 2015, 97

15 The requirements under EU law regarding sanctions for a breach of the creditworthiness assessment, commentary on the judgment of the Court of Justice of the European Union of 27 March 2014 – C-565/12 (LCL Le Crédit Lyonnais SA v Fesih Kalhan), EuZW 2014, 497–500

14 Commentary on the judgment of the Federal Court of Justice (BGH) of 3 December 2013, XI ZR 195/12 (liability of a bank financing the fund’s underlying asset for aiding and abetting the fund initiators’ intentional causing of harm to investors in a manner contrary to public policy), EWiR 2014, 65

13 Commentary on the judgment of the European Court of Justice of 30 May 2013, Case C-604/11 – Genil 48 SL and Others (MiFID requirements for national contract law), ZIP 2013, 1420–1422

12 Commentary on the judgment of the Federal Constitutional Court of 17 January 2013 – 1 BvR 121/11 and 1 BvR 1295/11 (On the obligation to refer matters to the European Court of Justice in proceedings concerning the disclosure of the annual accounts of a subsidiary of a foreign parent company), EWiR 2013, 381

11 Commentary on the judgment of the Federal Court of Justice (BGH) of 15 January 2013, XI ZR 22/12 (Right of private banks to terminate a bank account by ordinary notice), EWiR 2013, 129

10 Commentary on the judgement of the Federal Court of Justice (BGH) of 11 May 2011, VIII ZR 289/09 (Liability for unauthorised use of another person’s eBay account), JZ 2011, 1171–1174

9 Critique of the current distinctions in the supreme court’s case law on kickbacks: Commentary on the judgement of the Federal Court of Justice (BGH) of 29 June 2010, XI ZR 308/09, ZBB 2010, 305–311

8 The teleological interpretation of the Consumer Goods Sales Directive – The European Court of Justice on the path to an independent method of legal interpretation, commentary on the judgment of the European Court of Justice of 17 April 2008, Case C-404/06 – Quelle, ZEuP 2009, 602–616

7 The Incompatibility with the Directive of Compensation for Use in the Event of Subsequent Delivery in the Sale of Consumer Goods, Commentary on the judgment of the ECJ of 17 April 2008, Case No. C-404/06 – Source: NJW 2008, 2475–2478

6 Commentary on the judgment of the Federal Labour Court (BAG) of 5 July 2006, 4 AZR 381/05 (preliminary agreement relating to collective agreements; protection of legitimate expectations in relation to the retroactive effect of collective agreements), EzA § 1 TVG Retroactive Effect No. 8 (2007), pp. 35–50

5 Commentary on the judgement of the Federal Court of Justice (BGH) of 19 January 2006, III ZR 105/05 (Conditions for the limitation period under § 37a of the Securities Trading Act (WpHG)), JZ 2006, 526–528

4 Commentary on the judgement of the Federal Labour Court (BAG) of 12 January 2005, 5 AZR 364/04 (reservations of revocation in standard-form employment contracts), EzA § 308 BGB 2002 No. 1 (2005), pp. 13–30

3 Commentary on the judgement of the Federal Labour Court (BAG) of 5 February 2004, 8 AZR 112/03 (Basis for attribution under Section 611a(2), (3) of the German Civil Code (BGB) – gender-specific job advertisement), EzA § 611a BGB 2002 No. 3 (2004), pp. 17–37

2 Commentary on the judgement of the Federal Labour Court (BAG) of 9 July 2003, 5 AZR 305/02 (objection by the works council to dismissal by the employer pursuant to Section 102(3)(1) of the Works Constitution Act (BetrVG)), EzA § 102 BetrVG 2001 Obligation to Employ No. 1 (2004), pp. 7–19

1 Commentary on the judgment of the European Court of Justice of 27 February 2003, Case C-320/01 – Wiebke Busch (duty to provide information to a pregnant employee in the event of early return from parental leave), EzA § 16 BErzGG No. 16 (2003), pp. 9–19

2 Labour Law (Beck’s Examinatorium), C. H. Beck Publishers
- 1st ed. 2013, X, 240 pp., co-authored with Matthias Thume, solicitor
- 2nd, expanded edition 2022, co-authored with Prof. Dr Christian Picker

1 Labour Law , in: St. Lorenz/Riehm (eds.), JuS Learning CD Civil Law III, CD-ROM, C. H. Beck
- 1st edition 2001
- 2nd, expanded edition 2003 (online edition; available for a fee at www.beck-online.de (external link, opens in a new window))

10 ‘Trautes Heim’, Civil Law Examinatorium exam paper, JA – Juristische Arbeitsblätter 2024, 545–558

9 ‘The End of Early Repayment Penalties for Property Loans under European Law?’, Editorial, EuZW 2023, 345 ff.

8 Review of Weitnauer/Boxberger/Anders, KAGB, 2nd ed. 2017, WM 2018, 202–203

7 Review of Häusermann, Freedom of Contract in the Law of Public Companies, 2015, Rechtswissenschaft 2016, 679–690

6 Review of Schulze/Zoll, European Contract Law, 2015, RabelsZ 2016, 463–465

5 Review of Sagaert/Storme/Terryn, *The Draft Common Frame of Reference: national and comparative perspectives*, *ZEuP* 2014, 681–683

4 The Common European Law of Sales – The Risk of a Missed Opportunity, NJW-aktuell, 2012, Issue 32, p. 14

3 Review of Klopmeier, Dogmatik des Schadensersatzes im Patentrecht, 2008, ZGE – Zeitschrift für Geistiges Eigentum 2010, 105–108

2 Book Review of van Zelst, *The Politics of European Sales Law*, 2008, *CMLRev* (Common Market Law Review) 2009, 1014–1017

1 Review of Adomeit/Mohr, Commentary on the General Equal Treatment Act, 2007, EWS – European Economic and Tax Law 2008, Issue 6, p. III