Public service of judgment due to unknown whereabouts of lawyer

The Federal Senate for Legal Professional Matters granted the application for public service of the judgment of 28 February 2025, which stands as the operative outcome of the proceeding. This decision arose from a disciplinary action concerning a lawyer whose whereabouts became unknown after service attempts at both his professional office and residential address failed, and who did not acknowledge receipt of electronic service. The court determined that public service was necessary because the plaintiff’s current address could not be ascertained through the central registration office or via the respondent, and no other promising avenues for locating the individual existed. The ruling relies on the legal basis of § 112e sentence 2 of the Federal Lawyers' Act (BRAO), in conjunction with §§ 125(1) sentence 1 and 56(2) of the Administrative Procedure Act (VwGO), and §§ 185 No. 1 and 186(1) sentence 1 of the Code of Civil Procedure (ZPO), which permit public service when the recipient's location is unknown and service to a representative is impossible.