OLG Köln: Protection of competitive distinctiveness

A product that is not protected by a trademark may nevertheless benefit from protection against imitations under competition law. That was the verdict (Az. 6 U 82/19) of the Oberlandesgericht (OLG) Köln – the Higher Regional Court of Cologne.

LG Freiburg: Food products’ county of origin must be correctly specified

Apples that were merely packaged in Germany must not carry the designation of origin “aus Deutschland” / “from Germany”.  That was the verdict of the Landgericht (LG) Freiburg – the Regional Court of Freiburg – in a ruling from January 14, 2020 (Az.: 12 O 88/19 KfH). The origin of food products is a key …

Short-time work during the coronavirus crisis – Applicants obliged to provide accurate information

Germany’s federal government has put together a comprehensive aid package to compensate for the economic impact of the coronavirus crisis. This includes making it easier to apply for short-time allowance – referred to as “Kurzarbeitergeld” (or “KUG” for short).Germany’s federal government has put together a comprehensive aid package to compensate for the economic impact of …

Coronavirus – Loans and government assistance at a time of crisis

Germany’s federal government has unveiled a vast package of measures that provide financial support to businesses and the self-employed to ensure they are able to weather the crisis.

The coronavirus pandemic is putting a strain on economic relations throughout the world. In many cases, it is either no longer possible to perform contracts as agreed or performance is completely impossible.

The coronavirus pandemic is having a significant impact on national and international business relations, it no longer being possible in many cases to perform contracts as agreed due to the coronavirus crisis. This has led to the increased prominence of the term “force majeure”. However, it cannot be invoked in every instance of defective contractual …

Avoiding insolvency during the coronavirus crisis

Businesses whose existence is threatened by the crisis surrounding the coronavirus are to be lent a helping hand. Germany’s lower house of parliament, the Bundestag, has legislated for the suspension of the obligation to file for insolvency. Businesses on the brink of insolvency, i.e. unable to pay or overindebted, must file for insolvency as soon …

Avoiding insolvency during the coronavirus crisis

Businesses whose existence is threatened by the crisis surrounding the coronavirus are to be lent a helping hand. Germany’s lower house of parliament, the Bundestag, has legislated for the suspension of the obligation to file for insolvency.

COVID-19 – Obligation to file for insolvency to be suspended

Germany’s Federal Ministry of Justice has made plans to suspend the obligation to file for insolvency due to the coronavirus. The measure is designed to protect businesses that have gotten into difficulties as a result of the pandemic.

COVID-19 – Employers can apply for permission to reduce working hours to get through the crisis

Businesses can introduce short-time work as a means of weathering economic hardship caused by the coronavirus crisis. Germany’s federal government has therefore moved to relax the conditions for applying for short-time allowance. With supply shortages and empty order books among its consequences, the crisis surrounding the coronavirus is placing a massive burden on businesses and …

COVID-19 – Restrictions on landlords’ right of termination

The spread of the coronavirus has now also led to restrictions on the right to terminate rental agreements. These apply to both private and commercial rental agreements. If, on two consecutive occasions, a tenant falls behind on rent payments or defaults on a substantial portion of the rent, the landlord is entitled to issue extraordinary …