Illegal banking conditions regarding prepayment penalties

Publication date: 04/09/2013

15787 times read
 :: 9655 Votes  

Judgement of OLG Frankfurt a.M. (Higher Regional Court Frankfurt a.M.) of 17/04/2013, file number: 23 U 50/12

Clauses in the terms and conditions of banks regarding the use of lump-sum fees for the calculation of prepayment penalties or non-acceptance of compensation for loans are not permitted.

Category: Entscheidungen, Judgements, General Terms Law, Consumer Law

Unfair terms and conditions clauses - CHIP interviews certified lawyer Hagen Hild

Publication date: 10/02/2012

36657 times read
 :: 21418 Votes  

Do you really think that Apple, Facebook and 1&1 have nothing in common? They do – unfair terms and conditions clauses. CHIP has revealed together with lawyer Hagen Hild those cases.

Category: General Terms Law, Amazon, eBay Law, Long Distance Sales Act, Consumer Law, intern, Interviews, social network service, Facebook, Telecommunication law

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

51641 times read
 :: 30567 Votes  

Certified lawyer Julian N. Modi, LL.M., supports Galileo – a popular science magazine on ProSieben – about the topic „Legal mistakes on the Internet".

Category: intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

Vodafone printed invoice costs € 1.50 since February

Publication date: 31/01/2012

30154 times read
 :: 17740 Votes interviews certified lawyer Hagen Hild about the topic: „Vodafone printed invoice costs € 1.50 since February“.

Category: General Terms Law, Telecommunication law, intern, Interviews, Consumer Law

NJW decision of the week: 1.800 calls allegued while driving a bus

Publication date: 18/10/2011

20349 times read
 :: 12488 Votes  

Certified lawyer Julian Modi, LL.M. has reached the decision in the Local Court Dachau on August 16, 2011, ref.: 2 C 1423/11, which has been published as the decision of the week in the legal magazine NJW – issue 42/2011.

Category: intern, Interviews, Procedural Law, Telecommunication law, Value-added-service, Consumer Law, Judgements, Entscheidungen

Warning wave threats Facebook – FOCUS online interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

29605 times read
 :: 17472 Votes  

Decorating the own profile with photos, text and YouTube videos is something that happens every day on Favebook. The problem appears when the copyrights are not own by the facebook user who has just copied the internet contents. Even when a user is in principle owner of the rights and according to the terms of use, facebook is allowed to use the contents to a large extend. Lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property has been interviewed by FOCUS Online about that topic.

Category: Internet Law, intern, Interviews, social network service, Photo Law, Consumer Law, Data Protection, Facebook

Perfidiousness within online offers – Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

27841 times read
 :: 18798 Votes  

PayPal blocks against the sales within Kuba, Zalando obliges frequently returning buyers to pay in advance. Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property about that topic.

Category: Internet Law, General Terms Law, Power of Revocation, intern, Interviews, Law on Sales, Consumer Law, Long Distance Sales Act

When neighbours connect themselves to the wireless of another – Klartext Magazin interviewed certified lawyer Hagen Hild about that topic

Publication date: 24/08/2011

25078 times read
 :: 16648 Votes  

In case that a WLAN is unencrypted, uninvited surfing the web cannot be avoided. The unobstructed access invites to use the open Wi-Fi. This surfing is legal and does not constitute a criminal offence, as long as it is confined to the mere surfing the Internet. However, it should be morally denunciated since whom secretly sneak, scrounges. However, in case of scrounging there is an important risk of unwanted guest such as viruses of malicious software.

Category: intern, Interviews, Internet Law, Data Protection, File Sharing, Consumer Law, Internet Penal Law

New EU Toys Directive

Publication date: 12/07/2011

26319 times read
 :: 17084 Votes  

The Member States hat time until January 20, 2011 to implement the new directive 2009/48/EC of the European Parliament and of the Council on the safety of toys – these implementing regulations should be applied from July 20, 2011. We have compiled for you the important innovations mentioned in the toys directive and also in the second regulation of the equipment and product security law and which should be followed by manufactures and online sellers.

Category: Unfair Competition Law, Consumer Law, Warning letter, Article, General Terms Law, intern

Assemble and removal costs regarding replacements of defective sales items must be paid by the seller

Publication date: 13/07/2011

23820 times read
 :: 11402 Votes  

Judgement of EuGH (European Court of Justice) of 16/06/2011, file number: C-65/09, C-87/09

In case that the consumer assembles a defective item in good faith in the efficiency for its intended purposes, the seller has to bear with the removal costs of the defective item and the costs of the installation of the replacement item as part of his guarantee obligation. In case that the caused costs have no relation to the value of a free of defects item, the liability of the seller may be limited to a reasonable amount.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Consumer Law, Top Decisions, Entscheidungen

Recent developments of Internet criminal law 1/2011 – part 1/3

Publication date: 04/07/2011

30904 times read
 :: 18424 Votes  

According to the recently published police criminal statistics of the year 2010, the number of the recorded crimes regarding computer and Internet criminality has continued to grow strongly. 60.000 cases have been known last year, 20 percent more than a year before. The estimated high number of unknown and not registered crimes should not be underestimated. The increasing number of criminals feel safe from the law within the supposedly anonymous “legal vacuum” Internet.

Category: Article, Internet Law, Internet Penal Law, Telecommunication law, General Terms Law, Data Protection, Consumer Law, Entscheidungen

Special price offer cannot depend on down-payments

Publication date: 16/05/2011

19142 times read
 :: 12375 Votes  

Judgement of LG Darmstadt (Regional Court Darmstadt) of 06/04/2011, file number: 25 S 162/10

Following clause of the terms and conditions “The special price is only valid with full payment at the shipping and billing date. In case of late or incomplete payment, the special price is not longer valid” has been declared invalid by the Regional Court Darmstadt. First, the term “billing” is too vague. For the customer is not clear whether this date refers to the invoice date or to the delivery date. Additionally, the statutory right of retention of the customer is so limited through the clause that an exclusion of the...

Category: General Terms Law, Consumer Law, Price Quotation, Entscheidungen

Telemarketing calls are not consented with the mere participation in a lottery

Publication date: 03/05/2011

20393 times read
 :: 10434 Votes  

Judgement of the OLG Stuttgart (Higher Regional Court Stuttgart) of 11/11/2010, file number: 2 U 29/10

Consumers who provide their telephone number in a lottery do not automatically consent to telemarketing calls. In case that that consent is separately asked does not change anything since it cannot be assumed that the participant signs up with his real name. According to this, there is no effective consent. The burden of proof for the evidence that the participant of the lottery has given his real name shall be carried by the one who performs the marketing call. Shifting of the burden of proof would only happen in case that the data is not freely...

Category: Internet Law, Telephone Advertising, Consumer Law, Advertising Law, Entscheidungen

Obligation to indicate the delivery costs to every country

Publication date: 02/05/2011

13823 times read
 :: 8883 Votes  

Judgement OLG Hamm (Higher Regional Hamm) of 01/02/2011, file number: I-4 U 196/10

Online shops operators have to specify on their website the delivery costs to each supplying country. An indication on the website stating that the customer will be notified on request about the actual shipping prices is not enough.

Category: Internet Law, Duty to Inform, Unfair Competition Law, Consumer Law, Top Decisions, Entscheidungen

Is alternative delivery without notification possible?

Publication date: 11/03/2011

20695 times read
 :: 9626 Votes  

Judgement OLG Köln (Higher Regional Court Cologne) of 02/03/2011, file number: 6 U 165/10

A clause in the general terms and conditions of a parcel and postal service provider, which allows an alternative delivery is not admissible without the inclusion of a commitment, which assures that the addressee will be informed about the alternative delivery.

Category: General Terms Law, Consumer Law, Top Decisions, Entscheidungen

SIM card may be blocked by the mobile operator when the account is in arrears of over € 75

Publication date: 21/02/2011

20597 times read
 :: 13111 Votes  

Press release of BGH (Supreme Court) No. 31/2011 about the judgement dated 17/02/2011, file number: III ZR 35/10

The clause on the general terms and conditions of a mobile operator stating that the SIM card will be blocked as soon as the customer has an outstanding payment of € 15.50, disadvantages the customer in an inappropriate manner. According to the legal regulation regarding the fixed network connection (§ 45k para. 1 TKG – German Telecommunication Act) a SIM card should not be blocked before the customer has an outstanding payment of over € 75.

Category: Telecommunication law, Consumer Law, General Terms Law, Press Releases, Entscheidungen

Obligation of the provider to inform about high costs incurred when connecting to the Internet using the cell phone

Publication date: 21/02/2011

15002 times read
 :: 9295 Votes  

Judgement of LG Münster (Regional Court Münster) of 18/01/2011, file number: 06 S 93/10

A cell phone service provider must inform the customer about the risk of the high costs, which may occur using the WAP and Internet connections with his cell phone and about the benefits of using a flat rate. This is especially important when the cell phone has already navigation software that enables significant volume traffic.

Category: Internet Law, Telecommunication law, Consumer Law, Entscheidungen

“Advertising material and flat rental fee” of a car dealer

Publication date: 14/02/2011

16909 times read
 :: 11379 Votes  

Judgement of BGH (Supreme Court) of 13/01/2011, file number: III ZR 78/10

If a vehicle owner commissioned a car dealer for a commission with the sale of his vehicle, he must not pay an additional fee for the allocation and advertising of the vehicle. A contractual agreement to that effect is invalid, since it disadvantages the contractor unreasonably. He does not receive anything in return, the expenses for the successful presentation serve the interest of the dealer to come quickly to mediation and these are already included in the commission.


Category: General Terms Law, Consumer Law, Law on Sales, Entscheidungen

Inflated claim forms regarding reimbursement of taxes and airport charges of "Germanwings" not used anymore

Publication date: 02/02/2011

13876 times read
 :: 9104 Votes  

Judgement of LG Köln (Regional Court Köln) of 28/10/2010, file number: 31 O 76/10

Clients of “Germanwings” will no longer be discouraged by complicated and difficult to understand claims forms regarding the reimbursement of the already paid taxes and airport charges. The consumer was prejudiced through the handwriting filling and the demand to submit detailed, often redundant, information concerning the restitutory right.

Category: Consumer Law, Unfair Competition Law, Entscheidungen

Advertising the activation of “fat-eater” hormones without any scientific background

Publication date: 12/01/2011

16958 times read
 :: 10965 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/11/2010, file number: I-4 U 88/10

It is illegal to advertise with the effect of food that does not join the current scientific knowledge or which proof is not scientifically provided. Thus, the advertising of capsules that are supposedly “fat-eaters” stimulating the body’s own slimming hormone without providing any study proof is misleading. In particular, consumers who suffer from their obesity are often less critical to new products being advertised and therefore more vulnerable than other consumers.

Category: Consumer Law, Advertising Law, Unfair Competition Law, Pharmaceutical Law, Food Law, Entscheidungen
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