News
975 articles
26 February 2026
Novel Food: strict burden of proof on the food business operator
The Higher Regional Court of Baden-Württemberg (VGH BW) is not only adhering to its case law regarding the burden of proof on the food business operator in classifying foodstuffs as novel food with respect to cannabinoid-containing products.
Read more24 February 2026
Distance collision among betting intermediaries: legislative gap in the selection procedure criticized
Decision of the OVG Saarland against administrative order addresses deficiencies in the statutory criteria for the selection procedure in the event of a distance collision among betting intermediaries
Read more21 February 2026
Higher Regional Court (OLG) Munich strengthens rights against fake profiles: host providers liable for future identical and substantially similar accounts
The Higher Regional Court (OLG) Munich ruled by judgment of 20 January 2026, Az. 18 U 2360/25 Pre e that social media platforms are not only obliged to delete fake profiles upon notification, but must also ensure that identical or substantially similar profiles do not re-emerge in future. The judgment is an important milestone for the protection of personality rights […]
Read more20 February 2026
Dosage instructions as health claims? – Advocate General's conclusions in Case C-721/24 clarify requirements for advertising dietary supplements
The Advocate General's conclusions of 29 January 2026 clarify the distinction between neutral dosage instructions and health claims requiring authorisation.
Read more17 February 2026
Risk of confusion in trademark law: EU Court confirms rejection of the mark "ProbioDefend" due to similarity to "Defendyl"
The Court of Justice of the European Union (EuG) has decided by judgment of 11 February 2026 that the Union mark "ProbioDefend" cannot be registered because there is a risk of confusion with the earlier mark "Defendyl". The decision illustrates how strongly individual distinctive word elements can shape trademark law assessment, even when additional descriptive or graphic elements are present.
Read more13 February 2026
Revived Data Exclusivity: EU Court Confirms Withdrawal of Generic Authorisation
Dimethyl Fumarate Neuraxpharm Fails Due to Breach of Data Exclusivity
Read more12 February 2026
Change of use in rural area for greenhouse with training area inadmissible
The VGH München draws clear boundaries for the partial privilege of change of use in rural areas pursuant to § 35 BauGB.
Read more10 February 2026
Neighbouring party application unsuccessful – suspension of a development plan remains the exception
The Higher Regional Court (OVG) NRW has rejected a neighbouring party application and reconfirmed the high hurdles of § 47 Abs. 6 VwGO.
Read more07 February 2026
Water law easement order lawful – property owner must tolerate water discharge
Administrative Court (VG) Aachen: Water law easement order at the intersection between property rights and water management public policy considerations
Read more05 February 2026
Information rights in trade mark law: Federal Court of Justice sets clear limits on exhausted trade mark rights in online commerce
The right to information in trade mark law is a powerful tool for enforcing trade mark rights. The Federal Court of Justice (BGH) has clarified by judgment of 22 October 2025 (I ZR 220/24 – "LA BIOSTHETIQUE") that this right does not apply without limits where trade mark rights are exhausted. In particular in online commerce, the BGH imposes strict limitations on the information right where the trade mark infringement consists solely in a reputation-damaging presentation […]
Read more03 February 2026
Neighbouring party action against dental practice in general residential area: VGH Munich strengthens planning certainty and limits neighbouring rights
On the legal background of neighbouring party actions: neighbour protection between area preservation and duty of care
Read more02 February 2026
WTR 1000, 2026 – Recognition for AVANTCORE, Dr. Julia Blind and Christopher A. Wolf, MBA
We are delighted about the recognition of AVANTCORE as a firm and our partners Julia Blind and Christopher A. Wolf as "Recommended Individual" in trademark law of the WTR 1000 for the year 2026.
Read more27 January 2026
Special use of free-floating rental bicycles under Berlin doctrine
Legal position under street law regarding free-floating rental bicycles: common use, special use and the 'predominance' test
Read more27 January 2026
Regional Court Cologne (LG Köln) rules on pricing in REWE Bonus loyalty programme
Bonus advertising without simultaneous price indication is unfair and misleading competition: The Regional Court Cologne (LG Köln) ruled by judgment of 19.11.2025 that advertising with specific bonus or discount amounts without stating the price is impermissible. The decision has significant implications for online and app advertising by individual retailers.
Read more23 January 2026
Court of Justice of the European Union (EuGH) clarifies the 80 % rule for in-house procurement
Why public contracts cannot be awarded without limit and without competition, but the 80 % rule for in-house procurement must be observed.
Read more22 January 2026
Violation of parking space requirement does not confer defensive rights on neighbours – duty of consideration specified
Parking space requirement and consideration in public building law
Read more20 January 2026
Pharmaceutical trademarks in focus: EUIPO rejects 'BIALVIZ' due to likelihood of confusion with 'BYOOVIZ'
The Fifth Board of Appeal of the EUIPO, by decision of 7 January 2026, rejected the application for the word mark 'BIALVIZ' for ophthalmic pharmaceutical products. Despite high vigilance on the part of the relevant specialist circles and patients, the Office found a relevant likelihood of confusion with the earlier Union mark 'BYOOVIZ'. The decision once again illustrates how strict the standards are for pharmaceutical trademarks and what risks even seemingly minor deviations in the wording entail [...]
Read more19 January 2026
Neighbouring-protective norm not violated – claim against building permit unsuccessful
On the legal framework: When does a neighbouring-protective norm allow a neighbour to take action against a construction project?
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