ArticleInternal InvestigationsThey learned various questioning and interviewing techniques, as well as possible ways to assess the veracity of the statements made.GermanyCorporate/Commercial LawArnold & Porter
ArticleGerman Court Holds That Umbrella Trademarks Are Permissible For Some Pharmaceutical ProductsLast month, the German Federal Administrative Court issued a decision holding that, under certain circumstances, umbrella trademarks may be used for a portfolio of pharmaceutical products...GermanyFood, Drugs, Healthcare, Life SciencesJones Day
ArticleGerman Court Holds Email Provider Subject To Telecommunications LawOn November 11, 2015, the Administrative Court of Cologne ruled (source document in German) that an email provider was subject to notification obligations under the nation's telecommunications law. GermanyMedia, Telecoms, IT, EntertainmentJones Day
ArticleLengthy Jail Terms For Machinery Exports To RussiaTwo brothers in Germany have been sentenced to prison terms exceeding three years each for illegally exporting engineering equipment and machinery to Russia. The convictions stem from 65 shipments worth €833,000 that were routed through Turkey and Kyrgyzstan, with the equipment ultimately used in weapons manufacturing. GermanyInternational LawDuane Morris LLP
ArticleMid Trial Guilty Pleas For Two Charged With 65 Equipment Shipments To RussiaTwo brothers in Germany have pleaded guilty mid-trial to breaching EU sanctions against Russia by shipping engineering and industrial equipment valued at €830,000 between 2023 and 2024. As part of a plea agreement with prosecutors, both defendants have accepted four-year custodial sentences, with the court's verdict still pending while their father faces separate prosecution for related offenses. GermanyCriminal LawDuane Morris LLP
ArticleGerman Federal Court Ruling Important For Future Contractual Netting ArrangementsThe reasoning of the decision has now been published and provides a number of answers to questions which are important for future contractual netting arrangements.GermanyFinance and BankingReed Smith (Worldwide)
ArticleIt May Cost You if You Put up Your DukesThe Federal Labor Court was recently asked to decide to what extent the exemption from personal liability applies if one colleague physically attacks another at their workplace. GermanyGovernment, Public SectorJones Day
ArticleWeigel, Druckenbrodt Published In Deutscher AnwaltSpiegelFrankfurt-based Litigation partner Michael Weigel and counsel Alexander Druckenbrodt published an article in Deutscher AnwaltSpiegel, reviewing the German Federal Supreme Court's January 26, 2016 judgement of File No. XI ZR 91/14.GermanyLitigation, Mediation & ArbitrationArnold & Porter
ArticleKassel Local Court: Confirmation Email In Double Opt-in Process Not SpamThe plaintiff considered this to be a legal violation as he had not subscribed to the newsletter.GermanyMedia, Telecoms, IT, EntertainmentReed Smith (Worldwide)
ArticleFederal Court Of Justice Rules Over Cosmetic Repairs And Declares The Duty To Execute Cosmetic Repairs IneffectiveThe decision might have impact on commercial lease agreements too. GermanyReal Estate and ConstructionReed Smith (Worldwide)
ArticleLa cession du droit de priorité précédant le dépôt d'une extension en EuropeDans une décision du 5 mai 2023 (T 1946/21, Intex c/ Bestway Europe et Bestway Allemagne, décision disponible en anglais), la chambre de recours de l'OEB a eu l'occasion de clarifier que si une cession...European UnionLitigation, Mediation & ArbitrationNovagraaf Netherlands BV
ArticleWhen "Purchase Now" Is Not Enough – Local Court Of Cologne Sets (Too) Strict Standards For The Button Solution In German E-CommerceThe court of Cologne's reference to sales on trial is not particularly convincing, as in a case of a sale made on account there is also no immediate obligation to pay the purchase price.GermanyCorporate/Commercial LawOrrick
ArticleBGH: Invalidity Of A Gift If The Giver Can Be Easily Influenced Or Shows A Weakness Of WillIn cases in which the claimant names concrete indications to the effect that he may have been legally incapacitated when making a gift, an expert opinion definitely has to be obtained...GermanyFamily and MatrimonialOppenhoff
ArticleGerman Federal Constitutional Court: Use Of Short "Samples" In Music Titles Does Not Qualify As Infringement Of Exploitation Rights Of Phonogram ProducersThe BVerfG annulled an earlier decision of the Federal Supreme Court ("FSC"; Bundesgerichtshof – BGH). GermanyIntellectual PropertyReed Smith (Worldwide)
ArticleGerman UPC Complaint "To Be Decided In 2018"?This morning the German Federal Constitutional Court (BVerfG) published its "preview for the year", listing the cases ...GermanyIntellectual PropertyDehns
ArticleNewer Case Law Regarding Unsolicited Emails To (Potential) CustomersCompanies have to be cautious when sending out newsletters and other emails with advertising content. Before approaching someone for marketing purposes, the recipient's prior consent must generally be obtained. GermanyPrivacyOrrick
ArticleBerlin Court Of Appeal: Bitcoins Not A Financial Instrument Within The Meaning Of The German Banking ActIn its September 25, 2018 judgement, the 4th Criminal Division of Berlin Court of Appeal ruled that Bitcoin trading is not punishable because Bitcoins are not a financial instrument within the meaning of the Banking Act.GermanyTechnologySKW Schwarz
ArticleGerman Federal Court Of Justice Rules On Damage Compensation Following Breach Of Choice-of-Forum ClausesThis article addresses the impact that the German Federal Court of Justice's 17 October 2019 decision (BGH, ref. III ZR 42/19 = NJW 2020, 399) GermanyLitigation, Mediation & ArbitrationArnold & Porter
ArticleUPC Court Of Appeal Confirms That Extensions Are At The Discretion Of The Court Of First InstanceIn a decision handed down on 30 September 2024, the Court of Appeal upheld the decision of the Mannheim Local Division to limit additional time for preparing a rejoinder on non-technical aspects...GermanyLitigation, Mediation & ArbitrationMarks & Clerk
ArticleUPC: Security For Costs Not Required Where Claimant Is Backed By Appropriate Litigation InsuranceThe UPC Court of Appeal has overturned a €2 million security for costs order, finding that a claimant's litigation insurance with anti-avoidance endorsement provides sufficient protection against unenforceability of adverse costs orders. This landmark decision addresses whether appropriate litigation insurance can substitute for traditional security mechanisms and signals that courts must properly consider such policies when assessing security applications.GermanyLitigation, Mediation & ArbitrationMarks & Clerk