Clear all

Refine your search

Tags
Author
Territory
Jurisdiction

600 results found

Commentary
Ask Lexy

Mayer Brown | Germany | 22 Sep 2021

New law on supply chain monitoring

The purpose of the Supply Chain Act, which is due to enter into force on 1 January 2023, will ensure that internationally accepted human rights standards and certain environmental standards are observed. The new law will establish strict legal compliance standards for companies operating in national or global supply chains. Companies would be well advised to assess their existing supplier......
Commentary
Ask Lexy

Arnecke Sibeth Dabelstein | Germany | 14 Sep 2021

European Court of Justice rules on taxation for insurance of seagoing vessels

The Finance Court of Cologne recently requested a preliminary ruling from the European Court of Justice on a proceeding between a UK protection and indemnity insurance company and the Federal Central Tax Office for Germany. The verdict ended a year-long legal discussion regarding whether paragraph 1(2) of the Insurance Tax Act referred to the shipping register proving ownership or the......
Commentary
Ask Lexy

Arnecke Sibeth Dabelstein | Germany | 8 Sep 2021

Proof of excessively high handover temperature of frozen goods after random verification of temperature before loading

If frozen goods are loaded after a random verification of the temperature by means of a thermometer and there are otherwise no indications that the measurements taken could be incorrect, there is no reason to further secure evidence of the handover temperature of the goods. However, it is also necessary for the carrier to prove that the cold chain was maintained, as was demonstrated by a......
Commentary
Ask Lexy

Skadden Arps Slate Meagher & Flom LLP | Germany | 31 Aug 2021

Climate change litigation in Germany

This article analyses whether climate-related decisions against corporations may be possible in Germany by providing a summary of concluded and pending climate litigation as well as potential claims and their respective legal hurdles relating to claims for injunctive relief and damages. In brief, based on existing case law, potential claims often fail due to not establishing a sufficient......
Commentary
Ask Lexy

Fieldfisher | Germany | 19 Aug 2021

Federal Court of Justice declares Booking.com "narrow" best price clause violates competition law

The Antitrust Senate of the Federal Court of Justice recently declared that the "narrow" best price clause used in Booking.com's contracts with hotel companies could not be excluded from the scope of application of article 101(1) of the Treaty on the Functioning of the European Union, arguing that the pro-competitive aspects prevailed after a balancing of interests.
Commentary
Ask Lexy

Grünecker | European Union, Germany | 16 Aug 2021

Lindt and famous gold bunny win again

For almost 20 years, the Lindt gold bunny has been occupying the German and European courts. Recently, Lindt sought to derive rights from a non-registered trademark for its golden colour acquired through use in Germany, which was confirmed by the Federal Court of Justice. This decision is remarkable because it is already difficult to establish the existence of a trademark acquired by use with......
Commentary
Ask Lexy

Arnecke Sibeth Dabelstein | Germany | 11 Aug 2021

Importance of estimated date of arrival for delay of goods liability

German shipping law does not contain a legal regulation pertaining to the delivery period. Consequently, there is no particular legal liability provision for when it has been exceeded. Therefore, liability is governed by the general law of the Civil Code. These requirements are often not met in the absence of fixed delivery periods or a formal reminder. A recent court decision concerning the......
Commentary
Ask Lexy

Fieldfisher | Germany | 5 Aug 2021

Regional Court of Berlin applies new tipping paragraph for first time

The Regional Court of Berlin recently prohibited market leader Immoscout from using the system of list-first discounts in interim proceedings. This decision marks the start of the application of the "tipping paragraph". It is to be expected that competitors will use the new legal basis to attack strong platforms in the future.
Commentary
Ask Lexy

Grünecker | Germany | 2 Aug 2021

Sony Music obtains blocking injunction against DNS resolver

The Hamburg Regional Court recently issued a blocking injunction to Sony Music against domain name system resolver Quad9. The order blocks internet users' access to websites with content that illegally infringes Sony Music's copyrights. The ruling is one of the first of its kind in Germany and its principles can also be applied to the infringement of trademark and design rights.
Commentary
Ask Lexy

Fieldfisher | Germany | 29 Jul 2021

VW and BMW fined almost €900 million for antitrust violation

The European Commission has imposed fines of €875 million on BMW, Daimler and the Volkswagen Group for an antitrust violation lasting more than five years. The commission is expected to take a more critical view of environment-related agreements, such as those in which competitors agree to use more environmentally friendly technologies, but simultaneously reach an understanding that they will......
Previous page 1 2 3 ...