Gesellschaft, Politik und Recht

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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 »

Jan
21

German Finance Ministry confirms simplification of input tax deduction from invoices

German Finance Ministry confirms simplification of input tax deduction from invoices Following the decision of the Bundesfinanzhof (BFH) to simplify the deduction of input VAT from invoices, the Federal Ministry of Finance (BMF) confirmed in a circular dated 7 Dec 2018 that it will be applying this case law. In judgments from 21 June 2018, … Weiterlesen »

Jan
16

Legality of advertising with statements on the effects of medical treatments

Legality of advertising with statements on the effects of medical treatments Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. Advertisements featuring health claims are subject to stringent requirements regarding … Weiterlesen »

Jan
15

ECJ – Distinctive character necessary for registration as EU trade mark

ECJ – Distinctive character necessary for registration as EU trade mark For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018. According to … Weiterlesen »

Jan
14

ECJ on the protection of geographical indications of origin

ECJ on the protection of geographical indications of origin As in the case of trade marks, it is similarly possible to protect geographical indications of origin (GIOs). A decision of the ECJ from 19 December 2018 shows that this protection can be extensive (Az.: C-367/17 S). Consumers may associate GIOs with a certain quality. We … Weiterlesen »

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