Promoting a discount on “everything” is anticompetitive if key products are excluded

The statement “15 percent off everything” is anticompetitive when featured in advertising if key products are excluded. And adding an asterisk does not change this, according to Hamburg’s regional court, the Landgericht (LG) Hamburg. Generous discounts on “everything” are designed to entice consumers. Only on closer inspection does it become clear that the term “everything” […]

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Protected three-dimensional trademark – Illegal imitation juice bottle

A juice bottle bearing a strong resemblance to a more established model from another manufacturer shall no longer be stacked on supermarket shelves following a ruling of the Landgericht Hamburg – Hamburg’s regional court – from January 13, 2022 (case ref.: 312 O 294/21). Signs that are capable of distinguishing goods or services from the […]

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Compensation for bankruptcy of Amsterdam Trade Bank

Amsterdam Trade Bank (ATB) is bankrupt. Fortunately, the bank’s thousands of German depositors are also covered up to 100,000 euros under the Netherlands’ deposit guarantee scheme. The sanctions imposed on Russian banks in response to the war in Ukraine are also affecting their European subsidiaries, notably Sberbank and now Amsterdam Trade Bank, also known in […]

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The automotive retail sector must gear up for change

Car dealers need to prepare for change. More and more customers are opting to purchase their vehicles directly from the factory. Sooner or later, this will lead to changes in sales. Digitalization has long since taken hold of large parts of the commercial world. Consumers are increasingly saving themselves a trip to the shops by […]

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Orit Hayoun meets Dr. Benno Packi whilst travelling

Orit recently travelled to Berlin and got to meet fellow IR member Dr. Benno Packi of adesse anwälte. We love to see our members meeting, so if you have any travel booked please let your Client Manager know and we can provide some introduction to local members.

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Turbulent times at Adler Group – What options do investors and shareholders have

The real estate giant Adler Group has been rocked by the decision of its auditors not to issue an audit certificate for the annual balance sheet for 2021. The ensuing share price collapse saw the Group’s stock fall to a record low These are uncertain times for Adler Group’s shareholder and investors. The real estate […]

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COVID-19: Extension until June 30, 2022 of simplified rules for short-time working allowance

The latest measure by the German legislature in response to the coronavirus pandemic has been to extend the special arrangements in place for short-time working allowance until June 30, 2022. This state subsidy – known as Kurzarbeitergeld in German – allows businesses experiencing economic difficulties to temporarily reduce their employees’ working hours in order to […]

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Orit Hayoun and Dr. Peter Diedrich Meet in Berlin

Orit Hayoun of Orit Hayoun Law Firm based in Israel was recently travelling to Berlin and had the opportunity to meet with Dr Peter Diedrich of DSC Legal Rechtsanwaltsgesellschaft mbH. They enjoyed getting to know each other, sharing knowledge from their respective fields and catching up about current affairs. They also got to pose for […]

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Federal Labor Court finds onus is still on employees to produce evidence of overtime

Notwithstanding the European Court of Justice’s (ECJ) time clock ruling, Germany’s Federal Labor Court – the Bundesarbeitsgericht (BAG) – has made it clear in a judgment from May 4, 2022 that it is still the employee’s responsibility to produce proof of the number of overtime hours worked (case ref.: 5 AZR 359/21). In its ruling […]

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OLG Frankfurt rules on commercial rent reduction due to COVID-19

Grounds for reducing commercial rent can also potentially come in the form of indirect repercussions of the coronavirus pandemic. That was the conclusion of the Oberlandesgericht (OLG) Frankfurt – the Higher Regional Court of Frankfurt – in a judgment from February 18, 2022 (case ref.: 2 U 138/21). The decision follows a ruling of the […]

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Koblenz Court Finds Misleading Advertising For “Raw Food” Unlawful

If it says raw food on the outside, then there should actually be raw food on the inside. That was the verdict of the Landgericht (LG) Koblenz – the Regional Court of Koblenz – in a ruling from March 15, 2022 that saw the Court prohibit a food producer from advertising with misleading claims. Healthy […]

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