In three judgements dated September 11, 2024, the German Supreme Court expanded the scope of “implied consent” as a limitation on copyright protection (Cases I ZR 139/23; I ZR 140/23; I ZR 141/23)....more
The German Federal Supreme Court issued its first ruling on “climate neutral” claims for consumer products: The simple claim that a product is “produced climate-neutrally” is too vague and constitutes misleading advertising....more
The German Supreme Court has outlined the duties of sellers to disclose information to purchasers using virtual data rooms, a common practice in M&A deals. The court held that a seller had the burden of proving that a...more
The regional court of Braunschweig, as competent court for the headquarters of Volkswagen AG ("VW"), rendered a decision that is a significant setback for climate litigation activists in Germany by fully dismissing a...more
Germany has notoriously broad voidability laws. As a rule of thumb, any payment by a third party has high voidability risks if the third party has no obligation to make the payment under the contract....more
The Situation: Claims brought by insolvency administrators under Section 64 of the German Limited Liability Companies Act are not only among the most common, but also the most financially significant, claims faced by the...more
In a decision of 18 September 2018 the German Federal Supreme Court (Bundesgerichtshof/ BGH, Az: II ZR 152/17) confirmed a legacy decision (ARAG/Garmenbeck) of 1997 and tightened the liability of supervisory board members....more
On June 28, 2018, the European Court of Human Rights decided that Germany had correctly denied two individuals their “right to be forgotten” requests in connection with press archives relating to a 1991 murder. The two...more
Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more
The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a...more
Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more
BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 - The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease...more
Julius Sämann Ltd. wins with Hogan Lovells before German Supreme Court (Case Ref.: I ZR 75/15)- Almost everyone knows the “WUNDER-BAUM” Tree hanging from the rear view mirror of so many cars. Behind this little air...more
BREXIT – BUSINESS AS USUAL...AT LEAST FOR NOW - What do you need to know? Despite the UK's vote to leave the European Union ("EU"), companies doing business in the UK can still continue to trade with the EU in...more
By judgment of June 4, 2014, Case C-195/14, the Court of Justice of the European Union (ECJ) ruled that it is unlawful to use a package design for a fruit tea that gives the impression that an ingredient is present, when it...more
On October 1, 2015, the German Parliament amended the German Stock Exchange Act to provide more protection to investors in delistings, remediating the perceived lack of protection that the German Supreme Court created through...more