News
975 articles
23 January 2017
Persistent Violation of Personality Rights?
After the Regional Court (LG) Cologne had granted first instance relief in the claim by well-known pop singer Helene Fischer for damages, the Higher Regional Court (OLG) Cologne decided on appeal that whilst the publication of the images did indeed constitute a violation of personality rights, this was not to be regarded as persistent and therefore no entitlement to monetary compensation existed.
Read more21 January 2017
Regarding the Labelling Requirements under the KakaoV
According to the Regulation on Cocoa and Chocolate Products (KakaoV), certain foodstuffs must bear an indication of the percentage cocoa solids content – this applies in principle also to chocolate. However, is such an indication necessary if the chocolate itself is not the finished product, but – as in the case of pralines – is only used as an ingredient of another finished product? This question […]
Read more17 January 2017
Advertising for a current account misleading?
Is a current account really free of charge if the bank charges an annual fee for a corresponding debit card? The Regional Court (LG) Düsseldorf has dealt with this question and decided in favour of consumers.
Read more16 January 2017
From 01.02.2017 new information obligations for enterprises!
Since 2016, the Consumer Dispute Resolution Act (VSBG) has existed, which was created as a framework for the settlement of disputes arising from contracts concluded between consumers and enterprises. However, two provisions of this act do not come into force until 01.02.2017.
Read more14 December 2016
New information obligations in food retail
Previously, nutritional value labelling for foodstuffs was voluntary; from 13.12.2016 onwards, it is mandatory. We have summarized here what online retailers in particular should take into account.
Read more12 December 2016
Liability for Hyperlinks?
The Regional Court (LG) Hamburg was the first German court to implement the case law of the Court of Justice of the European Union (EuGH) on the liability of a website operator for hyperlinks and ordered a website operator to cease such activity.
Read more09 December 2016
Preliminary injunction: implementation time of a prohibition order
Upon receipt of a preliminary injunction containing an obligation to cease and desist, all necessary measures must be taken immediately to comply with the obligation to cease and desist. Is the cessation of further broadcasts of a TV spot after 1.5 days sufficiently prompt, or does this constitute a culpable breach of the relevant cessation order? The Higher Regional Court […] commented on the implementation time in this regard.
Read more05 December 2016
Federal Court of Justice (BGH) denies liability for interference for password-protected WLAN
Must an internet user change an individual, pre-set WLAN router password to secure the internet connection in order to avoid liability for interference, or is this not necessary? This has been frequently discussed to date. Now the Federal Court of Justice (BGH) has stated its position.
Read more17 November 2016
Breach of competition law by a physician in connection with unlawful advertising by a third party
Manufacturers of foodstuffs or other products frequently use the faces of prominent persons or experts in their advertising in order to increase the popularity of the product through public endorsement by the advertising media. The Higher Regional Court (OLG) Celle had to decide whether a physician whose statement, photograph and name are published in connection with the advertising is liable for the unlawfulness of the advertising under competition law.
Read more16 November 2016
Beer must not be wholesome
A brewery may not advertise its alcoholic beer varieties using the term "wholesome". The Higher Regional Court (OLG) Stuttgart also regarded the advertising statement as a health-related claim and confirmed the decision of the Regional Court (LG) Ravensburg.
Read more26 October 2016
Obligation to abstain = obligation to recall?
If a company is required by court judgement not to distribute certain goods, the question arises as to how far the obligation to abstain extends. Is the party bound by the abstention obligation also obligated to recall products distributed by retailers who are not integrated into its distribution structure? The Higher Regional Court (OLG) Frankfurt am Main had to decide this question.
Read more25 October 2016
Wikipedia must delete photos
The Mannheim Reiss-Engelhorn Museums were successful in a legal dispute against a Wikipedia user. The court prohibited the use of photos depicting exhibits from the museum.
Read more15 October 2016
Excessive surcharges at flug.de?
May an online travel portal freely decide on surcharges that consumers have to pay when using certain payment methods? The Consumer Centre Baden-Württemberg considered this to be anticompetitive and issued a cease-and-desist notice to the travel portal flug.de.
Read more14 October 2016
Impermissible advertising claim for dietary supplements
Advertising with health-related claims is strictly regulated for foodstuffs in order to protect consumers. This is also demonstrated by the case of "Repair Capsules", which now had to be examined by the Federal Court of Justice. Here, dietary supplements were advertised in an impermissible manner.
Read more12 October 2016
Tagesschau App unlawful?
In the view of the Higher Regional Court (OLG Köln), the Tagesschau App available in 2011 is press-like in nature and may no longer be distributed in this form.
Read more11 October 2016
Misleading Advertising for a Complete Kitchen?
Must the electrical appliances contained in a complete kitchen be precisely designated in advertising for it? This competition law question has now been decided by the Regional Court (LG) Potsdam.
Read more05 October 2016
Google Shopping – Liability of the merchant
Offering and promoting one's own goods via online platforms is nowadays standard practice in online retail. Google Shopping is also very popular among online merchants. However, problems can arise if the entry in Google Shopping is not up to date.
Read more29 September 2016
Harassment through 'confidential' direct mail advertising?
Advertising letters whose external design suggests that they are an important official document are misleading and constitute harassment of the recipient. Therefore, according to the view of the Kammergericht Berlin (KG Berlin), such direct mail advertising must be discontinued.
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