To the under § 945 ZPO damage for which compensation may include costs, incurred by, that an undertaking to comply with a restraining order recalling products from the channels of.

a) The features and the design of a product are not regularly suitable, to enable a conclusion to its commercial origin, if it is the target public is the final consumer and identical products are sold under various brand manufacturers.

b) To the under § 945 ZPO damage for which compensation may include costs, incurred by, that an undertaking to comply with a restraining order recalling products from the channels of.

JUDGMENT BGH I ZR 109/14 from 19. November 2015 – Hot Sox

UWG § 4 No.. 9; ZPO § 945 Continue reading “To the under § 945 ZPO damage for which compensation may include costs, incurred by, dass ein Unternehmen zur Befolgung eines Unterlassungsgebots Produkte aus den Vertriebswegen zurückruft.”

Lehmann Brothers – Investors receive warranty certificates due Enlightenment breach damages

The u. a. for the banking competent XI. Civil Division of the Federal Court has dealt in two other procedures so, whether an advisory bank in connection with the recommendation of certificates of the Dutch subsidiary Lehman Brothers Treasury Co. B.V. (Issuer) der US-amerikanischen Lehman Brothers Holdings Inc. (The warranty) is obliged to pay damages. The focus of the decisions on the question, whether an advisory bank in the distribution of “Garantiezertifikaten” must inform unasked about special termination rights of the Issuer. The Federal Court has acknowledged such duty to inform.

In the process XI ZR 480/13 acquired by the plaintiff in November 2007 on the recommendation of an employee of the defendant bank 40 Piece of “Lehman Brothers warranty certificate on five bank title” nominal value of 39.328 €. In May 2008 he acquired on the recommendation of the same employee more 100 Piece Lehman certificates “LB 6 Year CatchUp note on six DAX stocks” nominal value of 100.000 €.

In the process XI ZR 169/13 acquired by the plaintiff in May 2008 on the recommendation of an employee of the same defendant bank “Lehman Brothers shares coupon bonds on six DAX values”, d. h. so-called Basket Certificates, the market value of 33.099 €. In the related product flyer it says u.a. “100% Capital at maturity”. Continue reading “Lehmann Brothers – Investors receive warranty certificates due Enlightenment breach damages”

Silent partner is entitled to a (eventual) Compensation balance according to the rules of the defective society

The principles of faulty society are on a multi-unit silent society, in which the investor, participating with a capital contribution as silent partners, join an existing from all silent partners and the owner of the trade sector public company, apply with the proviso, that such an acceding silent partners holders of the commercial activity because of a pre-contractual fault enlightenment not by way of damages, the rescission of its shareholding by return of his deposit may require train to train to transfer his rights from the silent participation of the; rather, he is entitled to a (eventual) Compensation balance according to the rules of the defective society and in addition, depending on the financial situation of the trade operation and the level of – hypothetical – Compensation claims of the other silent partners, entitled to compensation for his unmatched by the compensation claim damages.

BGH II ZR JUDGMENT 383/12 from 19. November 2013

HGB § 230 Continue reading “Silent partner is entitled to a (eventual) Compensation balance according to the rules of the defective society”