News
975 articles
02 May 2025
Court of Justice of the European Union (EuGH) on In-House Concessions: Amendments Permissible
Whether and under what conditions may concessions originally awarded without a call for competition to so-called in-house facilities (so-called in-house concessions) be subsequently modified if the concession holder loses its in-house status at a later date?
Read more02 May 2025
Higher Regional Court (OLG) Hamm on Age Verification in Online Sales
The Higher Regional Court (OLG) Hamm issued a landmark decision on 3 April 2025 (Case No. 4 U 29/24) regarding age verification in the online sale of accessories for e-cigarettes.
Read more02 May 2025
News from the Court of Justice of the European Union (EuGH) on Botanicals and their Advertising
The advertising of food products with health claims is generally prohibited unless an approved 'health claim' exists for one or more substances contained in the food product.
Read more30 April 2025
Medical Cannabis – Unfair Competition Violations in Health Platform Services
A business model for the brokerage of medical treatments with medical cannabis was regarded by the Higher Regional Court (OLG) Frankfurt a.M. as constituting unfair competition.
Read more29 April 2025
Admission to folk festival denied: VGH Munich confirms consideration of food law deficiencies in selection decision
No admission despite improvement: fulfilment of contract and reliability count – retrospectively as well!
Read more28 April 2025
GDPR and Compensation for Pain and Suffering: Federal Court of Justice (BGH) Rejects Claim Based on Unsolicited Marketing Email
The Federal Court of Justice (BGH) decided on 28.01.2025 that the mere receipt of an unsolicited marketing email without concrete impairment does not give rise to a claim for damages under Art. 82 GDPR.
Read more25 April 2025
brand eins: AVANTCORE a leading firm in trademark and design law
Together with Statista, brand eins has identified the best business law firms in Germany in 2025 and listed AVANTCORE in the field of trademark and design law.
Read more24 April 2025
Outdoor catering: Higher Regional Court of North Rhine-Westphalia confirms stricter requirements in case of repeated noise complaints
The Higher Regional Court of North Rhine-Westphalia (OVG NRW) in Münster has decided by order of 09.04.2025 – Az. 4 B 500/23 on the admissibility of stricter requirements for outdoor catering operations.
Read more22 April 2025
Potential for millions in damages: Stiftung Warentest loses due to faulty smoke detector test – court finds liability
A faulty smoke detector test by Stiftung Warentest has far-reaching legal consequences: The LG Frankfurt decided that the foundation is liable for deficient inspections by external testing institutes – a legally sensitive decision with signalling effect.
Read more15 April 2025
Pharmaceutical Order Data III – Federal Court of Justice (BGH) on the Processing of Health Data in Pharmaceutical Sales via Amazon
BGH: Distribution of pharmacy-exclusive pharmaceutical products via Amazon is unlawful if customers do not expressly consent to the processing of their pharmaceutical order data.
Read more11 April 2025
EU AI Regulation & Training Obligation: What Lies Ahead for Enterprises – and How to Prepare Optimally
With the entry into force of the central provision of the EU AI Regulation (also "EU AI Act") on 02.02.2025, a new era of regulation in the handling of artificial intelligence began for enterprises. The requirement: enterprises must ensure that all employees working with these systems are appropriately trained ("AI competency").
Read more09 April 2025
Federal Patent Court grants protection for the trade mark "OMNI POWER" in Germany
The Federal Patent Court has upheld the appeal against the refusal to grant protection for the international registration "OMNI POWER". The designation was deemed sufficiently distinctive for registration in Germany.
Read more07 April 2025
Administrative Court Osnabrück (VG Osnabrück): On the system participation obligation of a plastic bucket containing 9 kg of salad mayonnaise
The Administrative Court Osnabrück (VG Osnabrück) has, with a recent decision (judgment of 11.02.2025 – 7 A 162/23), provided landmark clarification on the system participation obligation of packaging.
Read more27 March 2025
GAME OF DÖNER fails in the face of the reputation of GAME OF THRONES
What was intended as a creative allusion became a matter of dispute before the EUIPO: the scope of protection of well-known trade marks can extend far – even beyond industry and product boundaries.
Read more24 March 2025
Third-party protection in parallel importation of medicinal products – referral decision of the BVerwG to the EuGH of 20.03.2025
A parallel import of medicinal products occurs when a medicinal product approved in one EU country is imported into another EU country and sold there without the involvement of the original manufacturer itself.
Read more21 March 2025
Sign similarity despite graphic simplicity – EuG strengthens protection of Armani mark
In a dispute concerning two abstract figurative marks with V-shaped arranged lines, the EuG decided that even minor visual similarities in simply designed signs can give rise to a likelihood of confusion.
Read more18 March 2025
Pharmacological Effect – Medicinal Product or Medical Device?
What is a 'pharmacological effect' – on the judgment of the Court of Justice of the European Union (EuGH) 'Femannose N' of 13.3.2025, Case C‑589/23.
Read more13 March 2025
New EU-wide protection for geographical indications of craft and industrial products
From December 2025, craft and industrial products in accordance with Regulation (EU) 2023/2411 will benefit fully from EU-wide protection of geographical indications (g.i.).
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