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Recent News From GRP Rainer LLP

  • Legality of advertising with statements on the effects of medical treatments

    Legality of advertising with statements on the effects of medical treatments

    Published: 16 Jan 2019

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. Advertisements featuring health claims are subject to stringent requirements regarding the accuracy and ambiguity of the relevant statements. This is ...

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  • ECJ – Distinctive character necessary for registration as EU trade mark

    ECJ – Distinctive character necessary for registration as EU trade mark

    Published: 15 Jan 2019

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018. According to the ECJ’s case law, a sign lacking original distinctive character can only be registered as an EU trade mark if it has acquired distinctive character in the part of...

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  • BAG – Employers can claw back bonus payments

    BAG – Employers can claw back bonus payments

    Published: 14 Jan 2019

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances. It is common for employment contracts to include provisions on collectively agreed bonus payments, for instance when employers promise to pay a Christmas bonus. We at the commercial law firm GRP Ra...

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  • M&A – Tighter rules for foreign investors entering German market

    M&A – Tighter rules for foreign investors entering German market

    Published: 07 Jan 2019

    While corporate mergers and acquisitions boomed in 2018, investors from outside of the EU will now have a more difficult time joining or acquiring German businesses. At the end of 2018, the German federal government passed an amendment to the Außenwirtschaftsverordnung (AWV), Germany’s Foreign Trade and Payments Ordinance. We at the commercial law firm GRP Rainer Rechtsanwälte note tha...

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  • OLG Frankfurt – Selective prohibition on sale of luxury items online allowed

    OLG Frankfurt – Selective prohibition on sale of luxury items online allowed

    Published: 03 Jan 2019

    A supplier of luxury perfumes is allowed to prohibit its distribution partners from promoting and selling its products online via third party platforms. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. The OLG Frankfurt’s decision was preceded by a preliminary ruling of the Court of Justice of the European Union (ECJ). We at the commercial la...

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  • Antitrust violations – BGH bolsters the rights of aggrieved parties

    Antitrust violations – BGH bolsters the rights of aggrieved parties

    Published: 28 Dec 2018

    In a ruling from 12 June 2018, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has facilitated the enforcement of damages claims in response to violations of antitrust law with respect to the statute of limitations for claims (Az.: KZR 56/16). Cartel members obtain advantages from illegal cartel arrangements that can prove to be costly for other market operators. If fine proceeding...

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  • FG Baden-Württemberg on a municipality’s input tax deductions

    FG Baden-Württemberg on a municipality’s input tax deductions

    Published: 21 Dec 2018

    In a ruling from 18 October 2018, the Finanzgericht (FG) Baden-Württemberg, the Fiscal Court of Baden-Württemberg, held that whether a municipality is operating as a commercial entity and entitled to deduct input tax depends entirely on the type of activity and the particular circumstances of a given case (Az.: 1 K 1458/18). We at the commercial law firm GRP Rainer Rechtsanwälte can...

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  • Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines

    Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines

    Published: 17 Dec 2018

    The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed fines totaling approx. 205 million euros on several companies and their responsible directors and officers in the stainless steel sector in response to illegal price-fixing arrangements. On 12 July 2018, the Bundeskartellamt announced that it was imposing fines amounting to around 205 million euros in total on six stainless steel...

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