German Law also applied to the New York Times

Publication date: 07/04/2010

28152 times read
 :: 16858 Votes  

Judgement of BGH (Federal Supreme Court) of 02/03/2010, file number: VI ZR 23/09

Provided that an article published on the Internet injures the personality right of someone and shows at the same time a clear relation to Germany, the legal way to German courts is opened. A plaintiff resident in Germany took legal actions against the publisher of the newspaper “The New York Times” as well as against the author resident in New York, since the published article injured the plaintiff’s right.

Category: Personality Right, Press Law, Procedural Law / Costs, Entscheidungen

Warning costs in case of fixed book price offence

Publication date: 18/12/2009

20990 times read
 :: 13299 Votes  

Judgement of OLG Frankfurt/Main (Higher Regional Court Frankfurt/Main) of 11/12/2009, file number: 11 U 72/07

Those who deal reselling books without taking into account the fixed retail prices can be warned since that is an offence against the Fixed Retail Price Law. The Higher Regional Court Frankfurt/Main has limited the costs to a lump sum of 175 euro net.

Category: Media Law, Procedural Law / Costs, Unfair Competition Law, Internet Law, Entscheidungen

From 1 July 2009, new base rate slashes to 0.12%

Publication date: 01/07/2009

26210 times read
 :: 17719 Votes  

News release of the German Central Bank of 30/06/2009

The new base rate from July 1st, 2009 until December 31st, 2009 amounts only 0.12%. The base rate amounted 1.62 % until June 30th, 2009. The new base rate reaches the deepest stand since beginning of the fixing of a base rate in 1948 (known as discount rate until 1999). As new default interest towards consumers 5.12 percent can be now asserted, among entrepreneurs 8.12 percent.

Category: Procedural Law, Procedural Law / Costs, Consumer Law, Economy + Labour & Taxes, intern

Erroneous IP address mistake

Publication date: 26/02/2009

29510 times read
 :: 17408 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 21/11/2008, file number: 310 S 1/08

The invoicing enterprise, due to wrong solicitor information, must not pay the costs of any lawyer's fees for the counter warning letter of the erroneous opposing party, as long as it does not represent any takeover negligence. Particularly, the defendant enterprise may trust the solicitor advice. Because of an erroneous mistake of the IP address by the Internet provider, the plaintiff was accused to offer predominantly music files on the Internet without approval of the right holders.

Category: IT Law, Internet Penal Law, Warning letter, Procedural Law / Costs, Entscheidungen

Proof of delivery does not proof that addressee lives under delivery address

Publication date: 26/02/2009

15256 times read
 :: 10248 Votes  

Decision of LG Saarbrücken (Regional Court Saarbrucken) of 08/12/2008, file number: 5 T 410/08

A proof of delivery does not proof, according to §418 paragraph 1 ZPO (Civil Process Order), that addressee lives under delivery address. Indeed, the delivery employee explains, he has not found the delivery addressee in his flat, a proof-strong clue for the fact that the delivery receiver has lived under the delivery address.   This indicative effect of the substitution delivery and its registration can disable the delivery receiver only by a plausible, logical statement...

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