Obligation to indicate the delivery costs to every country

Publication date: 02/05/2011

13470 times read
 :: 8620 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

20390 times read
 :: 9407 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

Personal rights are not violated due to the lack of recognisability

Publication date: 09/03/2011

37775 times read
 :: 14387 Votes  

Judgement of AG Kerpen (Local Court Kerpen) of 04/11/2010, file number: 102 C 108/10

If footage of a traffic accident is available on the Internet, no consent is necessary for the publication if the people involved cannot be recognised. A visible licence plate number is not a decisive factor since this identifies the vehicle, not the driver. In case that the recognition is only based on the particular means of transport in relation with local conditions, as in the reported incident, the publication does not constitute any infringement of personality rights.

Category: Internet Law, Personality Right, Media Law, Film Law, Entscheidungen

Test results can be used to advertise a product

Publication date: 09/03/2011

33793 times read
 :: 11585 Votes  

Decision of OLG Celle (Higher Regional Court Celle) of 24/02/2011, file number: 13 U 172/10

Test results can be used to advertise a product. However, it must be clearly indicated where the customer can get further information about the test. This readability generally requires of the use a font of at least size 6. Advertising using test results is therefore anti-competitive if the test results on the add are vaguely readable and thus not clear or easy to verify.

Category: Advertising Law, Unfair Competition Law, Entscheidungen

Second dentist opinion on the Internet

Publication date: 02/03/2011

14564 times read
 :: 9165 Votes  

Judgement of BGH (Supreme Court) of 01/12/2010, file number: I ZR 55/08

A dentist who makes on an Internet platform a counteroffer to the colleague’s treatment and cost plan that the patient has published there, is not contrary to the question of fairness of the legal profession either to the professional standards. In case that this dentist makes a treatment contract with the patient and he pays a part of his fee in return for the use of the virtual marketplace, this is not an impermissible fee promise for the location of patients. Accordingly, the operator of the internet platform does not act anti-competitively.

Category: Advertising Law, Professional Law, Unfair Competition Law, Entscheidungen

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

Publication date: 21/02/2011

20218 times read
 :: 12825 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

14619 times read
 :: 9046 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

Marketing calls shall proof the consent

Publication date: 16/02/2011

12379 times read
 :: 7890 Votes  

Press release of BGH (Supreme Court) No. 29/2011 of 11/02/2011, file number: I ZR 164/09

Compliance with the so-called Double Opt-In procedure must be proved in the courts. The sole affirmation that the Double Opt-in has been followed is not enough. In the current case, the consent of the customer to receive marketing calls has been obtained within an online lottery. As evidence of this consent is not sufficient the submission of e-mails confirming the participation on the lottery since it is not proved whether the submitted telephone number is indeed the number of the sender of the confirmation.

Category: Unfair Competition Law, Advertising Law, Press Releases, Entscheidungen

Deactivation of a value-added service due to the prolonged price announcement

Publication date: 16/02/2011

6637 times read
 :: 4645 Votes  

Press release of the VG Köln (Administrative Court Cologne) of 14/02/2011, file number: 1 L 1908/10

The deactivation by the Federal Network Agency of an information service that offered, on private request, information and dial switching charging € 1.99 per minute and which price announcement lasts 1:47 minutes, is legitimated. Unacceptable high costs are generated to the caller resulting to the long price announcement. Such an announcement should be much shorter.

Category: Telecommunication law, Value-added-service, Press Releases, Entscheidungen

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

Publication date: 14/02/2011

16451 times read
 :: 11040 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

Satirical site concerning own employer is not a reason for dismissal

Publication date: 08/02/2011

15569 times read
 :: 9916 Votes  

Judgement of LAG München (Higher Labour Court Munich) of 26/08/2010, file number: 4 Sa 227/10

Provided that an employee creates a satire site based on the basic division of the former website of his employer and whose origin can only be identified by insiders, an extraordinary dismissal is not allowed. Even with remarkable audacity, lack of design imagination and lack of awareness of potential risks of defamation during the creation of the satire, this is principally protected by the freedom of expression. Although insiders may indicate the describing and supposed conditions as an offence against the employer, this does not carry any repercussion....

Category: Internet Law, Labour Law, Entscheidungen

Price comparison is not unfair comparative advertising

Publication date: 08/02/2011

11551 times read
 :: 6718 Votes  

Judgement of LG Hamburg (Regional Court Hamburg) of 04/08/2009, file number: 312 O 365/09

Comparative advertising is a legitimate instrument to inform the consumers about the benefits of the advertised product.  The reference to distinctive marks of a competitor, such a price comparison, is allowed provided that the stated facts are objectively traceable and the information is possible to verify.

Category: Unfair Competition Law, Comparative Advertising, Entscheidungen

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

Publication date: 02/02/2011

13552 times read
 :: 8844 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

SAT+KABLE: Problems with the cable connection

Publication date: 31/01/2011

6861 times read
 :: 4746 Votes  

Malfunction or failure of the cable connection is for the costumer usually an annoying issue. Normally it may be only a missed movie or the favourite series, though this problem affects the growing number of customers who use the cable connection to phone or surf on the web. The legal options that you have as a customer in case of such malfunctions will be disclosed by certified lawyer Julian N. Modi on his interview with the magazine SAT+KABEL.

Category: lawfirm.biz intern, Interviews

Advertising slogan “Mit Liebe gemacht” (“Made with love”) is not as trademark registrable

Publication date: 28/01/2011

9810 times read
 :: 6181 Votes  

Decision of BPatG (Federal Patent Court) of 09/12/2010, file number: 25 W (pat) 537/10

The advertising slogan “Mit Liebe gemacht” cannot be registered as a trademark in the areas of the food and stimulants industry since does not provide any distinctive character. The average consumer sees in the phrase a merely advertising slogan with a purchase incentive or quality specification. The consumer is constantly confronted here with advertising.

Category: Trademark Law, Trademark Registration, Entscheidungen

FOCUS and CHIP: Surrounded by Facebook – Interview with certified lawyer Hagen Hild

Publication date: 27/01/2011

12876 times read
 :: 7819 Votes  

Interview with certified lawyer Hagen Hild about the topic: “Surrounded by Facebook”, published on FOCUS online on January 7, 2011 and in CHIP 02/2011 edition.

Category: lawfirm.biz intern, Interviews, Internet Law, Data Protection

Certified lawyer Hagen Hild as a lecturer in IT Law at the University of Augsburg

Publication date: 27/01/2011

27774 times read
 :: 19065 Votes  

In the two-day event “IT Law – organise and manage contents, communication and business legally steady on the Internet” within the lecture series “JuraBasics – Law for non-lawyers” of the University of Augsburg, certified lawyer Hagen Hild will impart practise-oriented knowledge. Lawyer Hild is a certified lawyer in IT-Law and in Protection of Industrial Property and daily advises clients in this area for almost 10 years. The event will take place on Friday 16/07 and Saturday 17/07 from 9 am to 5:30 pm.

Category: lawfirm.biz intern, IT Law, Internet Law, eBay Law, General Terms Law, Advertising Law, Unfair Competition Law

Chip: Surrounded by Facebook – Interview with certified lawyer Hagen Hild

Publication date: 27/01/2011

13748 times read
 :: 8892 Votes  

Interview with certified lawyer Hagen Hild about the topic: “Surrounded by Facebook”, published in CHIP 02/2011 edition.

Category: lawfirm.biz intern, Interviews, Internet Law, Data Protection

DL-InfoV (German Ordinance on the duty to inform of the service companies): New duty to inform of the IT-Freelancer – Article written by lawyer Hagen Hild for IT-FREELANCER MAGAZIN

Publication date: 27/01/2011

12042 times read
 :: 8372 Votes  

The German Ordinance on the duty to inform of the service companies (DL-InfoV) came into force on May 17, 2010. DL-InfoV applies for all service companies and IT-freelancers and involves numerous new duties to inform. You may read the article written by certified lawyer Hagen Hild about this topic for the “IT Freelancer Magazin” on the February / March edition.

Category: lawfirm.biz intern, Interviews, Internet Law, IT Law, Duty to Inform

Expression of opinion or insulting criticism in the political discourse?

Publication date: 25/01/2011

16168 times read
 :: 11139 Votes  

Judgement of LG Lübeck (Regional Court Lübeck) of 28/10/2010, file number: 14 S 135/10

In order to assess whether a statement is a statement of fact or an expression of opinion, the context has to be considered. It has also to be considered whether the statement falls within the scope of a political discourse. Participants of a political battle of opinions must tolerate statement that, isolated, would approach the limit of insulting criticism.

Category: Personality Right, Media Law, Press Law, Entscheidungen
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