Federal Court of Justice

Communication of the press office


No. 78/2010

Dear Sir or Madam,

we would like to give the following appointment instruction:

Hearing: 20th of April, 2010

X ZR 27/07

Bundespatentgericht - 2 Ni 2/05 (EU) from the 26th of October, 2006

The X civil senate negotiates about the validity in favour of Microsoft Corp, Redmond, Wash., the USA, granted European patent 618 540. This protective right concerns the problem relevant apparently still today if programmes which are able to work, for example, for reasons of low storage capacity only with relatively short file names should be also used in computer systems which admit nearly arbitrarily long names to the marking of a file. Known example of a restriction of the number of sign for the name of a file is the operating system MS-DOS with his file system FAT, the only file name with maximum 8 signs admits (8.3-convention). The patent contains the apprenticeship to the technical action which permitted the introduction of the file system VFAT to Microsoft. This system permits long file names and is still compatible with the FAT file system.

Hearing: 28th of April, 2010

VIII ZR 85/09

AG Bonn - judgment from the 27th of February, 2008 – 10 C 288/06

LG Bonn - judgment from the 5th of March, 2009 – 6 p. 84/08

The defendants are tenants of a flat of the plaintiffs in a block of flats established in the years 2001/2002 in Bonn. The plaintiffs assert rent remains for the April, 2006 till December, 2007 including of a total of 1.701€. Around this amount (ten percent of the gross rent) the defendants have diminished the rent, among the rest, because of defects the (step) sound absorption of her flat to the being higher flat.

The district court has granted to the complaint. On the appeal of the tenants the district court has rejected the complaint and has explained to the grounds: The rent  would be diminished according to §536 paragraph 1 BGB* at least about ten percent of the gross rent because the flat falls short in the absence of sufficient subsonic noise insulation. The expert left a subsonic noise measurement and ascertained that though the demands the German Institute for Standardization 4109 (1989) are fulfilled. Nevertheless, on this occasion, it concerns the pure norm sound insulation which does not correspond in general to the quality of middle kind and goodness. The fact that merely the standard value the German Institute for Standardization 4109 of 53 decibels would be fulfilled, shows a lack of the rent thing. After the administration of justice of the VII civil senate of the Federal Court of Justice the German Institute for Standardization 4109 is not likely from the start to be valid as approved rules of the technology, as far as it is about the observance of the usual comfort standard. This implementation gone out in a construction dispute is also transferable on a rent thing. Also the tenant expects regularly a state of middle quality and not such to which – like the standard value the German Institute for Standardization 4109 – just the border of the reasonableness would keep.

With her check admitted by the district court the renters strive after the restoration of the erstinstanzlichen judgment.

* §536 Civil Code: Rent decrease with material faults and legal faults  

(1) If the rent thing at the moment of the surrender to the tenant has a lack which lifts her suitability to the contract-appropriate use, or such a lack originates during the rent time, the tenant is released for the time in which the suitability is lifted from the payment of the rent. For the time, while he is diminished the suitability, he has measured only for one to pay lowered rent. An unimportant decrease of the suitability remains except consideration.

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