OLG Celle: Plant-based product can be designated as alternative to cheese

A purely plant-based product can be promoted as an alternative to cheese. The Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, ruled that this kind of advertising is neither unfair nor misleading to consumers.

OLG Hamm: Advertising must include all information that is material to consumers

Consumers must not be deprived of information material to their decision whether or not to make a purchase. This constitutes a breach of competition law, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm.

ECJ on country of origin: the decisive factor is the location of the harvest

Germany is the county of origin for fruits and vegetables harvested in Germany, even if prior to this the fruits or vegetables were grown in another country. That was the verdict of the ECJ.

Tougher sanctions – Draft legislation to combat corporate criminality

The Bundesjustizministerium, Germany’s Federal Ministry of Justice, has submitted draft legislation designed to combat corporate criminality. The bill provides for, among other things, significantly harsher penalties.

Steinhoff International Holding – OLG Frankfurt opens model case proceedings

The Steinhoff accounting scandal has shaken investors. Those who have incurred losses can join the ongoing model case proceedings pursuant to the German Capital Markets Model Case Act, the Kapitalanleger-Musterverfahrensgesetz (KapMuG).

ECJ: User consent to social plugins on websites

If websites make use of social plugins, the ECJ has ruled that the provider and the operator of the site are jointly responsible for the collection and transfer of personal user information.

CJEU: Sampling permissible within narrow parameters

The courts have been grappling for years with the extent to which sampling pieces of music breaches copyright. The Court of Justice of the European Union (CJEU) has now ruled that sampling is permissible within narrow parameters.

Conducting litigation in national and cross-border legal disputes

Strategic litigation is essential to enforcing one’s rights in national and cross-border legal disputes.

Detailed project contracts for software development and computer programming

Ready-made software solutions no longer cut it in many businesses whose needs require dedicated software. In this context, attention needs to be paid to how the project contract is drafted.

Automatic exchange of (financial) information (AEOI) – Timely voluntary disclosure for tax evasion

Financial information was automatically exchanged once again on September 30, 2019. Those with unreported income in foreign accounts can still submit a voluntary declaration leading to immunity from tax evasion charges.