The commercial law firm Orth Kluth has successfully represented Dastur Engineering International GmbH, the German company of the Indian Dastur Group (defendant), at whose request Orth Kluth acted for the German Dastur Engineering International GmbH, in the second instance in the defense of a large-volume payment claim against ORGA SOFT Dipl.-K.m. A.E. Drechsel GmbH (plaintiff). Orth Kluth successfully represented Dastur Engineering International GmbH, the German company of the Indian Dastur Group (defendant), at whose request Orth Kluth acted for the German Dastur Engineering International GmbH.

The defendant withdrew from a contract for the production of software after the plaintiff had not made any payments over a longer period of time. The plaintiff then brought an action against the defendant before the Düsseldorf Regional Court (case no. 5 0 2/16) for reimbursement of payments made for software already delivered to the plaintiff and for damages. The Regional Court ordered the defendant to pay EUR 348,020.77 plus interest by way of a basic and partial judgment and declared the action to be justified on the merits with regard to the asserted claim for reimbursement of expenses. The defendant then instructed the law firm Orth Kluth for the first time to represent it in the second instance. Instance. In response to the appeal filed by Orth Kluth for Dastur, in which it argued that the plaintiff’s claims were unfounded, the Düsseldorf Higher Regional Court amended the basic and partial judgment of the Düsseldorf Regional Court announced on April 17, 2020 by judgment of November 19, 2020 (court file number: I-10 U 127/20) and dismissed the action. In the meantime, the VII Civil Senate of the Federal Court of Justice has rejected the plaintiff’s appeal against the judgment of the Düsseldorf Higher Regional Court by order of December 14, 2022 (court file number: VII ZR 337/20), citing the lack of fundamental importance of the case and the fact that the further development of the law or the securing of uniform case law did not require a decision by the appellate court. The judgment of the Düsseldorf Higher Regional Court obtained by Orth Kluth is therefore now final. The value of the case was set by the Federal Court of Justice at EUR 1,275,425.05. As BGH lawyers, Prof. Dr. Rohnke and Dr. Winter represented the plaintiff against the appeal against denial of leave to appeal.

Partner Dr. Philipp Mels, who has been mandated in many IT law court proceedings and has played a leading role in numerous major IT projects, also successfully represented Dastur Engineering International GmbH in these IT law court proceedings.