05.08.04 – Today the regional court of Hamburg has issued a decision in the matter Klitschko vs. Universum. According to this decision the court has reversed its prior opinion that the agreements between the Klitschkos and Universum have been validly prolonged past April 30th, 2004. The court now agrees with the Klitschkos that their contracts with Universum have ended on April 30th, 2004. However, before a final verdict, both parties have one last opportunity to comment today’s decision. We expect a final judgement by the regional court of Hamburg in September 2004.
The original and a translation of today’s decision are attached (also see below) hereto.
Kind regards,
Dr. Sebastian Cording
5 August 2004
Ruling
The following is pointed out to the parties:
After once more making an overall assessment of the factual and legal position the court reaches the conclusion that the contractual relations between the parties might have ended as of 30 April 2004 after all. Insofar, the court no longer adheres to its provisional legal opinion expressed in the record of the oral hearing of 18 March 2004 and in the ruling of 15 April 2004.
The statements in the Plaintiffs’ last brief of 23 July 2004 have induced the court to reconsider the termination of the contract as agreed on between the parties and the applicability of the option clause. In their concluding remarks on the legal position under III. the Plaintiffs demonstrated why the end of the contract had to fall on 30 April 2004 and the option clause at issue accordingly could not apply. Reference is made to the legal arguments summarized in the Plaintiffs’ last brief under item 1-3.
The Defendant is given the opportunity to comment on the Plaintiffs’ brief of 23 July 2004 within 2 weeks. The Plaintiffs are given the opportunity to comment on the Defendant’s brief of 27 July 2004 within 2 weeks. Both parties are given the opportunity to comment within 2 weeks on this notice and on the question whether they agree to a decision in written proceedings.
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Dr. Mackenheim