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Legal Developments by:
GRP Rainer LLP
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OLG Frankfurt – Misleading advertising by carrying over likes and reviews
Franchisees need to be careful. If they change their franchise partner, they cannot simply carry over the likes and stars they have accumulated to the new company.- GRP Rainer LLP
Legal Developments in Germany
Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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OLG Frankfurt – Misleading advertising by carrying over likes and reviews
Franchisees need to be careful. If they change their franchise partner, they cannot simply carry over the likes and stars they have accumulated to the new company. -
BFH – Claim for transfer of ownership in family home not exempt from inheritance tax
A ruling of the Bundesfinanzhof (BFH), Germany’s Federal Fiscal Court, illustrates the distinction made for the purposes of inheritance tax between a family home and the claim to transfer ownership in a family home (Az.: II R 14/16). -
Purchasing cooperatives and antitrust law
Purchasing cooperatives provide value to many retailers and traders. However, with these kinds of associations it is necessary to ensure that they do not violate antitrust or competition law. -
Possibility of formal warnings in response to violations of the GDPR
Whether a violation of the General Data Protection Regulation (GDPR) constitutes a violation of competition law and can therefore, as a matter of law, give rise to a formal written warning is still disputed. -
BGH – Champagne must define the taste of a champagne sorbet
A champagne sorbet needs to actually taste like champagne; otherwise, this description cannot be used. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from July 19, 2018 (Az.: I ZR 268/14). -
European Commission fines electronics manufacturers for e-commerce price manipulation
The European Commission has imposed fines in separate rulings on four electronics manufacturers totaling 111 million euros in response to violations of EU competition law. -
Legality of advertising with statements on the effects of medical treatments
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. -
ECJ – Distinctive character necessary for registration as EU trade mark
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. -
BAG – Employers can claw back bonus payments
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. -
M&A – Tighter rules for foreign investors entering German market
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.