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Misleading advertising - Notice about risks and side effects

Misleading advertising - Notice about risks and side effects

Published: 31 May 2019

Enhancing or promoting products in a way that is misleading to consumers may be in breach of competition law. That was the verdict of the OLG Dresden in relation to “risks and side effects”. Medicinal products are required to have a standard notice encouraging people to read the information leaflet in the packaging and ask their doctor or pharmacist about the risks and side effects. We at GRP Ra...

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BAG – Claiming severance pay in the event of the insolvency

BAG – Claiming severance pay in the event of the insolvency

Published: 27 May 2019

There is often little time separating insolvency and termination of employment contracts, with the issue of how to comply with an employee’s right to severance pay in the event of insolvency often proving a source of controversy. In a judgment from March 14, 2019, the Bundesarbeitsgericht (BAG), Germany’s Federal Labor Court, delivered a welcome ruling for employees (Az.: 6 AZR 4/18). According ...

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BFH – Rate of inheritance tax applies to total amount

BFH – Rate of inheritance tax applies to total amount

Published: 20 May 2019

In the case of inheritance tax, the taxable amount is not split up and subject to differential tax rates. That was the verdict of the BFH, Germany’s Federal Fiscal Court, in ruling from February 20, 2019 (Az.: II B 83/18). When it comes to inheritance and gift tax, certain tax allowances apply depending on the degree of kinship. The key factor in calculating the tax owed is the value of the asse...

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Antitrust violations – European Commission imposes fines on automotive suppliers

Antitrust violations – European Commission imposes fines on automotive suppliers

Published: 17 May 2019

The European Commission has imposed fines totaling 368 million euros on two automotive suppliers for violations of antitrust law. The EU competition watchdog imposed the fines in response to illegal arrangements that the cartelists had entered into concerning the supply of safety belts, airbags and steering wheels. A third supplier was granted immunity pursuant to the leniency program for inform...

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OLG Frankfurt – Misleading advertising featuring superlatives

OLG Frankfurt – Misleading advertising featuring superlatives

Published: 14 May 2019

Take care when using superlatives in advertising. A ruling by the OLG Frankfurt, the Higher Regional Court of Frankfurt, from February 14, 2019 demonstrates their potential to easily mislead, as well as violate competition law (Az. 6 U 3/18). We at GRP Rainer Rechtsanwälte note that adverts featuring misleading information are in breach of competition law. Particular attention should theref...

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Changes to trademark law – Markenrechtmodernisierungsgesetz comes into effect

Changes to trademark law – Markenrechtmodernisierungsgesetz comes into effect

Published: 08 May 2019

The Markenrechtmodernisierungsgesetz (MaMog), i.e. the Trademark Law Modernization Act, entered into effect in Germany on January 14, 2019, introducing a number of changes to trademark law. The MaMog brings German trademark law into line with the EU Directive. We at the commercial law firm GRP Rainer Rechtsanwälte note that this is part of the process of continuing to harmonize trademark la...

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BGH – Breach of copyright in the case of photographs of works of art

BGH – Breach of copyright in the case of photographs of works of art

Published: 07 May 2019

According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, even if works of art are no longer protected by copyright, taking pictures and publishing photos of them may be in breach of copyright. 70 years following an artist’s death, his or her works are no longer protected by copyright. We at the commercial law firm GRP Rainer Rechtsanwälte note that this means t...

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Resale price maintenance – Bundeskartellamt imposes fine

Resale price maintenance – Bundeskartellamt imposes fine

Published: 06 May 2019

The Bundeskartellamt, Germany’s Federal Cartel Office, has imposed a total fine of around 13.4 million euros on a bicycle wholesaler for entering into resale price maintenance arrangements with 47 retailers. Resale price maintenance entails the producer requiring its customers to sell the goods at a fixed price or not go below a certain price. We at the commercial law firm GRP Rainer Rechtsanw&#...

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