Gesellschaft, Politik und Recht

Kostenlose Pressemitteilungen zu Politik und Recht

Mrz
15

BGH – A „Praxisklinik“ must maintain the option of admitting inpatients

BGH – A „Praxisklinik“ must maintain the option of admitting inpatients A medical practice cannot advertise using the term „Praxisklinik“ („clinic“ in English) if it does not provide overnight accommodation. That was the view upheld by the Bundesgerichtshof (BGH) in a ruling from October 17, 2018 (Az.: I ZR 58/18). The Oberlandesgericht (OLG) Hamm, the … Weiterlesen »

Mrz
12

CJEU – The taste of a food product is not eligible for copyright protection

CJEU – The taste of a food product is not eligible for copyright protection The taste of a food product is not eligible for copyright protection. That was the verdict of the Court of Justice of the European Union (CJEU) in a ruling from November 13, 2018 (Az.: C-310/17). Intellectual creations and expressions can be … Weiterlesen »

Mrz
06

BGH finds false statements about product category misleading

BGH finds false statements about product category misleading Consumers must not be misled regarding the essential characteristics of a product. According to the case law of the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, the allocation of a product to a product category represents one of its essential characteristics. Germany“s Unfair Competition Act, the Gesetz gegen … Weiterlesen »

Feb
28

GRP Rainer Rechtsanwälte – Report on insolvency and liability of managing directors

GRP Rainer Rechtsanwälte – Report on insolvency and liability of managing directors A managing director“s obligations include filing for insolvency on behalf of the company in a timely manner. He or she may be held personally liable for failing to fulfil this obligation. Managing directors who fail to fulfil their obligations may be held personally … Weiterlesen »

Feb
19

GRP Rainer Rechtsanwälte – Report on commercial agents“ right to claim compensation

GRP Rainer Rechtsanwälte – Report on commercial agents“ right to claim compensation Commercial agents are entitled to claim compensation. The European Court of Justice (ECJ) has since clarified that this right persists even if the commercial agency agreement is terminated during the probationary period. Commercial agents are entitled to claim compensation pursuant to paragraph 89b … Weiterlesen »

Feb
15

GRP Rainer Rechtsanwälte – Experience dealing with abuses of a dominant market position and violations of antitrust law

GRP Rainer Rechtsanwälte – Experience dealing with abuses of a dominant market position and violations of antitrust law Abuse of a dominant market position or superior market power constitutes a violation of antitrust law and can be sanctioned accordingly. In a judgment from January 23, 2018 on the so-called „Anzapfverbot“, i.e. the prohibition on demanding … Weiterlesen »

Feb
05

OLG Frankfurt – Misleading advertising by carrying over likes and reviews

OLG Frankfurt – Misleading advertising by carrying over likes and reviews Franchisees need to be careful. If they change their franchise partner, they cannot simply carry over the likes and stars they have accumulated to the new company. Many businesses nowadays choose to present themselves online, including on social networks. Any positive reviews in the … Weiterlesen »

Feb
04

BFH – Claim for transfer of ownership in family home not exempt from inheritance tax

BFH – Claim for transfer of ownership in family home not exempt from inheritance tax A ruling of the Bundesfinanzhof (BFH), Germany“s Federal Fiscal Court, illustrates the distinction made for the purposes of inheritance tax between a family home and the claim to transfer ownership in a family home (Az.: II R 14/16). A family … Weiterlesen »

Jan
31

Purchasing cooperatives and antitrust law

Purchasing cooperatives and antitrust law Purchasing cooperatives provide value to many retailers and traders. However, with these kinds of associations it is necessary to ensure that they do not violate antitrust or competition law. Purchasing cooperatives can be particularly beneficial for small and medium-sized merchants looking to strengthen their position in the market. While purchasing … Weiterlesen »

Jan
28

Possibility of formal warnings in response to violations of the GDPR

Possibility of formal warnings in response to violations of the GDPR Whether a violation of the General Data Protection Regulation (GDPR) constitutes a violation of competition law and can therefore, as a matter of law, give rise to a formal written warning is still disputed. Many were concerned that the General Data Protection Regulation, GDPR … Weiterlesen »

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