VMware Suit Concludes in Germany

The difference here is that in Common Law the courts have the power to create laws while Civil Law jurisdictions reserve this right to the legislative branch only; the courts may only interpret the law. Courts make decisions strictly on a case-by-case basis, but they definitely do look at decisions made by other courts in similar cases. Over time a consensus emerges and a "judicial interpretation" of the law is established (there are also other interpretations which have to be taken into account, one of them based on the presumed intent of the lawmakers, for example).

IANAL As Well of course