Kategorie: Politics Law Society

OLG Frankfurt – Misleading advertising by carrying over likes and reviews Franchisees need to be careful. If they change their franchise partner, they cannot simply carry over the likes and…

Purchasing cooperatives and antitrust law Purchasing cooperatives provide value to many retailers and traders. However, with these kinds of associations it is necessary to ensure that they do not violate…

Possibility of formal warnings in response to violations of the GDPR Whether a violation of the General Data Protection Regulation (GDPR) constitutes a violation of competition law and can therefore,…

BGH – Champagne must define the taste of a champagne sorbet A champagne sorbet needs to actually taste like champagne; otherwise, this description cannot be used. That was the verdict…

German Finance Ministry confirms simplification of input tax deduction from invoices Following the decision of the Bundesfinanzhof (BFH) to simplify the deduction of input VAT from invoices, the Federal Ministry…

European Commission fines electronics manufacturers for e-commerce price manipulation The European Commission has imposed fines in separate rulings on four electronics manufacturers totaling 111 million euros in response to violations…

Legality of advertising with statements on the effects of medical treatments Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific…

ECJ – Distinctive character necessary for registration as EU trade mark For a sign to be capable of being registered as an EU trade mark, it must be distinctive across…

ECJ on the protection of geographical indications of origin As in the case of trade marks, it is similarly possible to protect geographical indications of origin (GIOs). A decision of…

BAG – Employers can claw back bonus payments The Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from…

M&A – Tighter rules for foreign investors entering German market While corporate mergers and acquisitions boomed in 2018, investors from outside of the EU will now have a more difficult…

OLG Frankfurt – Selective prohibition on sale of luxury items online allowed A supplier of luxury perfumes is allowed to prohibit its distribution partners from promoting and selling its products…

Antitrust violations – BGH bolsters the rights of aggrieved parties In a ruling from 12 June 2018, the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, has facilitated the enforcement of damages…

FG Baden-Württemberg on a municipality“s input tax deductions In a ruling from 18 October 2018, the Finanzgericht (FG) Baden-Württemberg, the Fiscal Court of Baden-Württemberg, held that whether a municipality is…