News
975 articles
22 July 2025
Administrative Court (VG) Berlin denies advance restriction of closing time: outdoor catering remains open longer
An advance restriction of the closing time for outdoor catering is permissible only with substantiated justification by the authority.
Read more21 July 2025
Workers' accommodation in the open countryside: The BayVGH confirms the rejection of a large-scale glasshouse with residential facility
A building permit for a large-scale production glasshouse with integrated workers' accommodation in the open countryside was rightly refused pursuant to a decision of the BayVGH.
Read more18 July 2025
Federal Court of Justice (BGH) decision: Former pharmaceutical price binding cannot be applied to EU mail-order pharmacies – mail-order pharmacies are permitted to grant bonuses
BGH on former pharmaceutical price binding – no injunction claim against foreign mail-order pharmacies on account of bonuses!
Read more06 July 2025
Higher Regional Court Frankfurt (OLG Frankfurt) declares interim injunction inadmissible due to abuse of rights in filing the application
Abuse of rights in injunction claims. Higher Regional Court Frankfurt (OLG Frankfurt) strengthens procedural equality of arms and sets boundaries in competition law (judgment of 17 April 2025, Az. 6 U 310/24).
Read more04 July 2025
The Higher Regional Court of Munich (VGH München) confirmed an immediately enforceable demolition order for an illegal storage site in open countryside with substances that endanger the environment.
Where waste is stored at an impermissible storage site in open countryside, the owner is obliged to act as a party causing the unlawful state of affairs.
Read more27 June 2025
Trademark dispute over Orange: Federal Patent Court invalidates colour mark of DIY retail giant
The colour orange was at the centre of a much-publicised legal dispute between major DIY retail chains. The Federal Patent Court has now decided: it is not possible to obtain trademark protection by monopolising the colour shade RAL 2008 for retail services in the construction and DIY sector.
Read more27 June 2025
Higher Regional Court of Berlin-Brandenburg (OVG) rules against inter-municipal defence right – claim against building permit for a furniture store bypassing the development plan is dismissed
The Higher Regional Court of Berlin-Brandenburg (OVG) has issued a landmark decision on the defence right of neighbouring municipalities in large-scale retail projects.
Read more24 June 2025
Higher Regional Court (OVG) Berlin-Brandenburg on road construction closures: injunction refused despite substantial loss of turnover claimed by commercial business.
When road construction work becomes an existential matter – what commercial operators need to know legally
Read more19 June 2025
Regional Court Frankfurt a.M. (LG) on pharmacy selection in telemedicine platforms: No unlawful assignment – Judgment of 28.05.2025, Az. 2-06 O 150/25
Telemedicine, prescription forwarding and pharmacy law – How far does the prohibition on assignment under § 11 ApoG extend in the digital age?
Read more17 June 2025
Distortion of competition through staff changes must be examined – Court of Justice of the European Union (EuGH) quashes General Court (EuG) judgment on satellite procurement
By judgment of 12 June 2025, the Court of Justice of the European Union (EuGH) in Case C-415/23 P has set a significant public procurement law milestone.
Read more17 June 2025
Administrative Court of Appeal Munich quashes development plan due to violation of property protection – Judgment of 03.06.2025, Az. 9 N 22.2217
The judgment of the Bavarian Administrative Court of Appeal (VGH München) of 03.06.2025 deals with the legal limits of municipal planning authority in light of property protection under Art. 14 GG.
Read more14 June 2025
Colour mark rejected: Why 'traffic red' for drawer guides receives no trade mark protection
The registration of a colour mark is often more difficult than expected, particularly when dealing with everyday colours. A recent decision by the EUIPO (European Union Intellectual Property Office) illustrates the hurdles that exist when registering a colour mark as a Union mark.
Read more12 June 2025
No hidden risks in public construction contracts! – Transparency as a shield for bidders in procurement proceedings
The Court of Justice of the European Union (EuGH) sharpened the fundamental principles of equal treatment and transparency in public procurement law once again with its judgment of 5 June 2025 (Rs. C‑82/24).
Read more12 June 2025
Gaming law authorization for stationary sports betting intermediary offices
The Administrative Court of Düsseldorf (VG Düsseldorf) confirmed the North Rhine-Westphalian regulatory practice regarding intermediary authorization in the sports betting sector with its judgment of 02.06.2025 – 16 K 4941/22.
Read more08 June 2025
What a slogan must accomplish in order to be protected as a trade mark
A recent decision by EUIPO illustrates once again how high the barriers are for registering advertising slogans as Union trade marks. The rejection of the phrase Helping you to protect what matters for tomorrow exemplifies what trade mark applicants must take into account; and which arguments are insufficient to overcome lack of distinctive character.
Read more08 June 2025
Partial cancellation of "Hans Christian Andersen" demonstrates the importance of documented use for trade mark protection
The Union trade mark "Hans Christian Andersen" for spirits remains partially intact following cancellation proceedings. The decision by the EUIPO Board of Appeal of 24.05.2025 illustrates how high the hurdles for trade mark cancellation are, but also how crucial carefully documented use is.
Read more06 June 2025
Administrative Court (VG) Karlsruhe: Why formal illegality of residential use of a building regularly justifies building control measures up to prohibition of use.
The Administrative Court (VG) Karlsruhe has decided that a building control prohibition of use – combined with an order for direct enforcement in the form of forced eviction – may be based solely on formal illegality of use.
Read more05 June 2025
Administrative Court (VG) Schleswig: A roof terrace that deviates from the local design regulations in the development plan is inadmissible
Roof terraces are modern and popular, but must nonetheless comply with design regulations in the development plan, according to the Administrative Court (VG) Schleswig.
Read more