News
975 articles
27 August 2025
Higher Regional Court of Düsseldorf (OLG) confirms liability of intermediaries: logistics service provider liable for counterfeit jerseys with trademark infringement
The Higher Regional Court of Düsseldorf (OLG) ruled on 07.08.2025 (Az. 20 U 9/25) that a logistics service provider is liable as an intermediary for trademark right infringements. The decision particularly concerns e-commerce shipping models and demonstrates what verification duties apply to service providers. For businesses, the ruling provides important guidance.
Read more26 August 2025
The statute of limitations for a reforestation order is rejected by the Higher Regional Court (OVG) Lower Saxony – the forest owner remains permanently obligated.
The Higher Regional Court (OVG) Lower Saxony decided by order of 18 August 2025 that a reforestation order is not subject to the statute of limitations.
Read more24 August 2025
Outdoor catering halted: Administrative Court Regensburg declares outdoor seating licence unlawful
Outdoor catering repeatedly causes disputes between operators and residents. In a recent judgment, the Administrative Court Regensburg has stopped the use of an outdoor seating area – due to lack of specificity and insufficient noise protection.
Read more21 August 2025
EUIPO Confirms Rejection of the Mark "Götterfrucht" (T-379/24) – Legal Requirements for Distinctiveness and Protection
By decision of 11 June 2025, the General Court of the European Union (EuG) rejected the registrability of the EU trade mark "Götterfrucht". The case provides practical insights into the interpretation of absolute grounds for refusal under the EU Trade Mark Regulation, in particular with regard to distinctiveness and the descriptive character of a sign. Our firm AVANTCORE advises with many years of experience and comprehensive expertise in [...]
Read more21 August 2025
Bavarian Administrative Court of Appeal confirms boundary development in inner courtyard: neighbouring party action against underground car park entrance fails definitively (Order of 15 August 2025)
The Administrative Court of Appeal Munich has decided: a neighbouring party action against the underground car park entrance of a new residential complex in the inner courtyard was unsuccessful – boundary development without distance zones is permissible.
Read more19 August 2025
Regional Court (VG) Cologne strikes down Sunday closing prohibition for vending-machine kiosks: commodity vending machines not covered by the North Rhine-Westphalian Shops Opening Act
Vending-machine kiosks are permitted to remain open on Sundays in North Rhine-Westphalia.
Read more19 August 2025
§ 40 LFGB: BVerfG stops publication – constitutional protection for food business operators strengthened
The food law warning system – consumer transparency versus company pillory
Read more15 August 2025
Before-and-After Advertising for Hyaluronic Acid & Botox Prohibited – Federal Court of Justice (BGH) Sets Strict Limits for Practices
Before-and-after depictions for aesthetic treatments such as hyaluronic acid or hyaluronidase injections are inadmissible outside of professional circles. With a highly noted judgment of 31 July 2025 (Az. I ZR 170/24), the Federal Court of Justice (BGH) has delivered a landmark decision for the aesthetics and beauty industry. The key point: Even minimally invasive injection treatments without a scalpel are deemed "operative plastic-surgical procedures" within the meaning of the Heilmittelwerbegesetz (HWG). […]
Read more13 August 2025
Presentation medicinal product: Administrative Court of Schwerin classifies hoof care product as medicinal product and confirms marketing ban
The Administrative Court of Schwerin has ruled: Even a hoof care product without pharmacological effect can be classified as a veterinary medicinal product subject to authorisation – solely by virtue of its presentation and advertising. Manufacturers should urgently review their product communications to avoid marketing bans and sanctions.
Read more13 August 2025
Urgency in emergency proceedings: Higher Regional Court of Schleswig sends a clear message – delay leads to loss of legal protection, even in the Meta case
The Higher Regional Court of Schleswig (OLG) has clarified in the Meta case: whoever waits too long before filing for a preliminary injunction loses the protection of emergency proceedings – even in the event of clear infringement of rights. Companies should strategically utilise announcements and optimise internal processes for swift action.
Read more06 August 2025
A bike-sharing tender that violates the transparency requirement in the procurement procedure is set aside by the BayObLG.
Landmark Decision of the Bavarian Supreme Court (BayObLG) of 05.08.2025 (Verg 2/25) on the Transparency Requirement in Public Procurement Law
Read more06 August 2025
Administrative Court of Aachen (VG Aachen) refers questions to the Court of Justice of the European Union (EuGH) on claim preclusion (preclusion under § 6 UmwRG) and environmental law protection – disruptive realignment for legal remedies in construction matters?
The preliminary ruling request of the Administrative Court of Aachen (VG Aachen) concerning the examination of preclusion under § 6 UmwRG and the environmental impact assessment pre-screening can be of major significance for legal remedies in construction matters.
Read more05 August 2025
The Court of Justice of the European Union (EuGH) strengthens permit certainty in environmental impact assessment – no second hearing round for authority reports required
Why this ruling of the Court of Justice of the European Union (EuGH) on environmental impact assessment (EIA) is also groundbreaking for Germany.
Read more04 August 2025
The Higher Regional Court of Lüneburg (OVG Lüneburg) delivers a landmark ruling that provides greater clarity on the handling of lead procedures, FFH assessment and compensation measures in offshore and infrastructure projects.
The decision of the Higher Regional Court of Lüneburg (OVG Lüneburg) concerns lead procedures that play a key role at the interface between the energy transition and nature conservation law.
Read more31 July 2025
Administrative Court Karlsruhe on exploration permit for geothermal energy: retrospective extension of a mining permit is excluded – geothermal companies face significant legal losses
The Administrative Court Karlsruhe has excluded retrospective extension of a mining permit. The extension of an exploration permit for the use of geothermal energy must be applied for in timely fashion to avoid legal losses.
Read more31 July 2025
The Federal Court of Justice (BGH) decides on health-related advertising for botanicals and prohibits the use of health claims without EU approval – Judgment of 5 June 2025 (I ZR 109/22, "Botanicals II")
Further decision on botanicals – health claims remain a legal pitfall in the food and dietary supplement market
Read more28 July 2025
Federal Court of Justice (BGH): PAYBACK points on the purchase of hearing aids are impermissible – the value limit for promotional gifts must not exceed €1 even for medical devices
The Federal Court of Justice (BGH) has issued a landmark decision on advertising law for medicinal products regarding the scope of § 7 HWG and the level of the value limit for promotional gifts.
Read more23 July 2025
Prohibition by the Higher Regional Court (OLG) Cologne – The use of "apple leather" as a product designation for vegan dog accessories is misleading because "apple leather" is not leather.
Misleading greenwashing with "apple leather": a tightrope walk in competition law in online retail
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