News
975 articles
03 June 2025
FOCUS physician seals in court: Higher Regional Court (OLG) Munich declares the seals "TOP-Mediziner" and "FOCUS-Empfehlung" permissible with clear decision
The Higher Regional Court (OLG) Munich ruled by judgment of 22.05.2025 – 29 U 867/23 e that the FOCUS physician seals "TOP-Mediziner" and "FOCUS-Empfehlung", which the magazine "FOCUS GESUNDHEIT" awards to selected physicians in return for licence fees, do not constitute impermissible, misleading advertising within the meaning of the Act Against Unfair Competition (UWG).
Read more02 June 2025
Open-house procedures and price regulation: what does the ruling of the Higher Regional Court (OLG) Köln on the applicability of Price Ordinance 30/53 and the scope of damages claims mean for practice?
The Higher Regional Court (OLG) Köln has now, by judgment of 15.05.2025, Az. 18 U 97/23, clarified under which conditions award obligations exist in open-house procedures, what limits apply to the assertion of restitution in kind – and when damages claims are reduced to lost profit.
Read more30 May 2025
Zonal plant protection product approval: binding nature of risk assessment by the evaluating Member State
The Higher Regional Court of Lüneburg (OVG Lüneburg) decided by order dated 19.05.2025 (10 ME 33/25) on the scope of the risk assessment by the evaluating Member State for a zonal plant protection product approval.
Read more27 May 2025
Court of Justice of the European Union (EuGH) ruling on exclusive distribution rights with significant practical implications for distribution law
The Court of Justice of the European Union (EuGH) ruling (Case C‑581/23) of 8 May 2025 sets important standards for exclusive distribution rights in the competition law assessment of exclusive distribution agreements within the EU.
Read more26 May 2025
Public procurement tender evaluation: effects of erroneous assessments and requirements for documentation
The Bavarian Supreme Regional Court (BayObLG) addresses, alongside fundamental public procurement law questions, also the requirements for a public procurement tender evaluation.
Read more26 May 2025
Knowledge advantage in public procurement procedures – when does inequality make competition unfair?
In public procurement procedures, equal opportunities should prevail. But what happens when a bidder possesses exclusive information through earlier project involvement, which impermissibly improves its competitive position through a knowledge advantage in the procurement procedure?
Read more23 May 2025
Minimum distance to betting offices in North Rhine-Westphalia ruled stringently by the Administrative Court (VG) Düsseldorf on 07.05.2025
The Administrative Court (VG) Düsseldorf ruled by judgment of 07.05.2025 (Az. 16 K 6623/22) on admissibility requirements and the minimum distance to betting offices.
Read more22 May 2025
Building in rural areas? Legally problematic – and what role the SEA Directive plays in this.
Many property owners, investors or municipalities regularly face the question: Why is building in rural areas so complicated?
Read more19 May 2025
Court of Justice of the European Union (EuGH) ruling: "Buy now, pay later" in online advertising constitutes a sales promotion
Anyone wishing to offer "buy now, pay later" in online retail must in future comply with transparency obligations in advertising in order to avoid receiving a cease-and-desist letter.
Read more14 May 2025
Landmark Court of Justice of the European Union (EuGH) ruling on comparison portal: Check24 does not conduct comparative advertising
In the proceedings between HUK-Coburg and Check24, the Court of Justice of the European Union (EuGH) has decided that an online comparison portal that does not itself offer insurance products does not qualify as an advertiser within the meaning of comparative advertising.
Read more12 May 2025
Car Rental Conditions Partly Unlawful – Return Requirement Upheld
The Administrative Court (Düsseldorf) has found several conditions imposed by the City of Düsseldorf on a car rental licence to be disproportionate in a dispute concerning a car rental permit – while at the same time confirming central regulations such as the return requirement and emphasising their constitutionality and compatibility with European law.
Read more12 May 2025
Filling weight without sausage casings and sausage clips
The weight of non-edible sausage casings and sausage clips must not be taken into account when determining the filling weight of pre-packaged foodstuffs. The Federal Administrative Court (BVerwG) in Leipzig decided this on 06.05.2025.
Read more12 May 2025
Caution: Contractual Penalty
A swimming pool operator must pay € 4,500 in contractual penalties because he used an unlawful standard terms clause again despite a cessation declaration. The Higher Regional Court (OLG) Hamm (judgment of 15.04.2025 – Az. 4 U 77/24) decides on the "core theory".
Read more11 May 2025
"enkelfähig" not capable of registration
The European Union Intellectual Property Office (EUIPO) does not consider "enkelfähig" to be a protectable sign for goods in Classes 11 and 21. The decision of the Board of Appeal of 5 May 2025 demonstrates how demanding the path to trade mark registration can be when dealing with terms of societal significance.
Read more07 May 2025
EU shuts down ODR platform on 20 July 2025
The European Union will deactivate its Online Dispute Resolution platform (ODR platform for short) on 20 July 2025. We explain below what this specifically means for you as an entrepreneur and why action is still necessary.
Read more06 May 2025
Biocidal product: Higher Regional Court (OVG) Bremen clarifies classification
A recent decision of the Higher Regional Court (OVG) Bremen (Beschl. vom 15.04.2025 – 1 LA 273/23) distinguishes between medicinal products, medical devices, food supplements and biocidal products.
Read more06 May 2025
Imitation of jewellery design in court: Hanseatic Higher Regional Court Hamburg dismisses claim relating to necklaces
In a dispute over alleged imitation of designer jewellery, the Higher Regional Court (OLG) Hamburg (Az. 15 U 43/24) has dismissed a claim by a fashion jewellery manufacturer seeking an injunction and damages.
Read more06 May 2025
Repowering – when neighbours cannot fight back
In a recent decision of 22 April 2025 (Az. 7 S 1/25), the OVG Berlin-Brandenburg ruled on the suspensory effect of a neighbour's objection against a modification permit for a so-called repowering project.
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