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The Legal 500 Hall of Fame Icon The Legal 500 Hall of Fame highlights individuals who have received constant praise by their clients for continued excellence. The Hall of Fame highlights, to clients, the law firm partners who are at the pinnacle of the profession. In Europe, Middle East and Africa, the criteria for entry is to have been recognised by The Legal 500 as one of the elite leading lawyers for seven consecutive years. These partners are highlighted below and throughout the editorial.
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Germany > Legal Developments > EU & Competition > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Misleading advertising - Notice about risks and side effects

May 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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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”.

Antitrust violations – European Commission imposes fines on automotive suppliers

May 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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The European Commission has imposed fines totaling 368 million euros on two automotive suppliers for violations of antitrust law.

OLG Frankfurt – Misleading advertising featuring superlatives

May 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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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).

Heavy fines for violating EU Geo-Blocking Regulation

April 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Regulation (EU) 2018/302, i.e. the EU Geo-Blocking Regulation, has been in force since December 3, 2018. It obliges merchants to allow cross-border shopping. Violations may be met with severe penalties.

LG Wiesbaden – Competitors not entitled to issue a warning in response to violations of the GDPR

April 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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In a judgment from November 5, 2018, the Landgericht (LG) Wiesbaden, the Regional Court of Wiesbaden, ruled that competitors are not entitled to issue a formal warning notice in response to violations of General Data Protection Regulation (GDPR) (Az. 5 O 214/18).

BGH – Official gazettes featuring editorial content are in violation of competition law

April 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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The state and the press are meant to be separate. This also applies to official municipal gazettes. According to the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, these publications may be in breach of competition law if they feature editorial contributions.

Illegal advertisement of effect of a medicinal product

March 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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It is illegal to advertise a specific effect attributed to a medicinal product if said effect is based merely on laboratory tests and has not been demonstrated in relation to humans.

BGH – A “Praxisklinik” must maintain the option of admitting inpatients

March 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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A medical practice cannot advertise using the term “Praxisklinik” (“clinic” in English) if it does not provide overnight accommodation. That was the view upheld by the Bundesgerichtshof (BGH) in a ruling from October 17, 2018 (Az.: I ZR 58/18).

BGH finds false statements about product category misleading

March 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Consumers must not be misled regarding the essential characteristics of a product. According to the case law of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, the allocation of a product to a product category represents one of its essential characteristics.

GRP Rainer Rechtsanwälte – Report on commercial agents’ right to claim compensation

February 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Commercial agents are entitled to claim compensation. The European Court of Justice (ECJ) has since clarified that this right persists even if the commercial agency agreement is terminated during the probationary period.

GRP Rainer Rechtsanwälte – Experience dealing with abuses of a dominant market position and viola

February 2019 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Abuse of a dominant market position or superior market power constitutes a violation of antitrust law and can be sanctioned accordingly.

GRP Rainer Rechtsanwälte – Experience in trade mark protection

December 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Plagiarism and counterfeit products cause immense economic damage within the European Union. This makes it all the more important for businesses to take consistent measures to protect their trade marks.

BGH: Beer cannot be promoted as “bekömmlich”

November 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Beer cannot be promoted as “bekömmlich”, i.e.  “wholesome” or “agreeable” (in terms of its digestibility). That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from 17 May 2018 (Az.: I ZR 252/16). This description was said to be in violation of the Health Claims Regulation.

EGC: A word mark consisting of two letters can be registered as an EU trade mark

November 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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It is possible even for a word mark consisting solely of two letters to be registered as an EU trade mark. This was confirmed by the EGC in rulings from 24 April 2018 (Az.: T-207/17 and T-208/17).

OLG DĂĽsseldorf imposes large fine in response to vertical price fixing

November 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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The Oberlandesgericht (OLG) Düsseldorf, the Higher Regional Court of Düsseldorf, has imposed a fine of 30 million euros on a drugstore chain and in doing so significantly increased the fine set by the Bundeskartellamt, Germany’s Federal Cartel Office.

BGH – Advertising featuring health claims

October 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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Health claims in relation to foods and foodstuffs are only permitted if they do not violate the Health Claims Regulation. This was reaffirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: I ZR 167/16).

CJEU – Selective prohibition on sale of luxury items

September 2018 - EU & Competition. Legal Developments by GRP Rainer LLP.

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In a ruling from December 6, 2017, the Court of Justice of European Union (CJEU) held that a selective distribution system for luxury items does not constitute a violation of the prohibition on restrictive practices under EU law if certain conditions are fulfilled.

Rome I Regulation: choice of law for contractual obligations

The EU Rome I Regulation (593/2008) of the European Parliament and of the Council came into force on 17 December 2009 (Convention). The Convention sets rules to determine the (national) law applicable to contractual obligations in civil and commercial matters. This Regulation replaces the 1980 Rome Convention and is especially relevant to cross-border businesses. The intention of the Convention is to provide legal certainty in cases where the parties have not expressly chosen the applicable law governing their contract.

EU rules in favour of Google’s AdWords

On March 23, 2010 the European Court of Justice (ECJ) decided in the matter of Google France SARL, Google Inc. vs. Louis Vuitton and others (C-236/08 to C-238/08). In its judgment, the ECJ ruled that Google has not infringed trademark law by offering advertisers the opportunity to buy keywords (AdWords) corresponding to their competitors' trademarks. However, the illegal use of AdWords can still be prohibited.

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