Tag Archives: Competition Law

TV advertising can satisfy by reference to the website information obligations

1. Art. 7 Abs. 1 and 3 Directive 2005/29 / EC of the European Parliament and of the Council of 11. More 2005 on unfair commercial practices of businesses towards consumers in the internal market and amending Council Directive 84/450 / EEC, Directives 97/7 / EC, 98/27/EC and 2002/65 / EC of the European Parliament and of the Council and Regulation (EG) No.. 2006/2004 des Europäischen Parlaments und des Rates (Directive on unfair commercial practices) must be interpreted as, in order to assess, whether a commercial practice is to be regarded as a misleading omission, the relationship, in dem diese Geschäftspraxis steht – u. a. the limitations of the communication medium used for this practice, the due this communication medium spatial or temporal limitations and any measures, the trader has taken, um den Verbrauchern die Information anderweitig zur Verfügung zu stellen –, is also to be considered, if such a requirement can not be expressly inferred from the wording of the legislation concerned.

2. Art. 6 Abs. 1 Directive 2005/29 must be interpreted as, that a practice, which consists in, divide the price into several components and highlight one of them, is classified as misleading, if it is capable of, to convey to the average consumer the false impression, that is offered to him a favorable price, and to entice him, take a transactional decision, he would not have taken otherwise, which is for the referring court to consider taking into account all relevant circumstances of the main proceedings. The time constraints, where certain communication media such as television commercials may be subject to, dürfen bei der Beurteilung des irreführenden Charakters am Maßstab von Art. 6 Abs. 1 dieser Richtlinie allerdings nicht berücksichtigt werden.

3. Art. 7 Directive 2005/29 must be interpreted as, that in cases, where a trader has chosen, the price for a subscription to assemble so, that the consumer has to pay both a monthly fee as well as a half-yearly fee, this practice is to be regarded as a misleading omission, if the monthly fee in the advertisement is highlighted, but quite deprived of the semi-annual fee or shown only on a less conspicuous way,, insofar as such an omission is causing the consumer to take a transactional decision or is likely to cause, he would not have taken otherwise, what the national court, taking into account the limitations of the communication medium used, the nature and characteristics of the product and the other measures, the trader has actually taken, order to provide consumers with the essential information on the product is available, must be checked.

4. Art. 7 Abs. 4 Directive 2005/29 must be interpreted as, that it contains an exhaustive list of essential information, which must be mentioned in an invitation to purchase. The assessment, whether the particular trader has information requirement, taking into account the nature and characteristics of the product, but also of the communication medium used for the invitation to purchase and the additional information provided, where appropriate, by the trader has sufficient, for the national court. Der Umstand, dass ein Gewerbetreibender in einer Aufforderung zum Kauf alle in Art. 7 Abs. 4 dieser Richtlinie aufgezählten Informationen bereitstellt, does not preclude, dass diese Geschäftspraxis als irreführend im Sinne von Art. 6 Abs. 1 oder Art. 7 Abs. 2 der Richtlinie eingestuft werden kann.

JUDGMENT OF THE COURT (Fifth chamber) 26. October 2016

„Vorlage zur Vorabentscheidung – Unlautere Geschäftspraktiken –Richtlinie 2005/29/EG – Art. 6 and 7 - Advertisement for a television subscription via Satellite - Subscription Price, in addition to the monthly fee a semi-annual contribution for the card required for decoding the program includes - monthly fee, which is not specified or less prominent than the semi-annual fee - Misleading action - Misleading omission - implementation of the provision of a directive only in the materials of a national implementing law and not in the legislative text itself "

In Case C-611/14

betreffend ein Vorabentscheidungsersuchen nach Art. 267 AEUV, eingereicht vom Court of Glostrup (Gericht Glostrup, Denmark) by decision of 1. December 2014, referred to the Court 23. December 2014, in the criminal proceedings against

Canal Digital Denmark A / S

he let Continue reading TV advertising can satisfy by reference to the website information obligations

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The new SLK – No obligation to indicate the CO2 emission or consumption from a competition standpoint

a) “Model” within the meaning of § 5 Abs. 1 Car EnVKV under § 2 No.. 15 Car EnVKV the trade name of a vehicle, consisting of factory brand, Type and, where appropriate variant and version of a passenger car. This does not conflict, that pursuant to § 2 No.. 6 Car EnVKV in conjunction with Article. 2 No.. 6 Directive 1999/94 / EC then, if a model under several variants and / or versions are summarized, are of value for CO2 emissions of this model based on the variant or version with the highest official CO2 emissions indicate within this group.

b) In Annex IV subparagraph 3 Directive 1999/94 / EC included provision, after which the fuel must not be specified, if it is referenced in the promotional literature only on the make, and not to any particular model, does not justify the implication, that in such a case, after all, the CO2 emissions must be specified.

JUDGMENT BGH I ZR 119/13 from 24. July 2014 – The new SLK

UWG § 4 No.. 11, § 5a Abs. 2 and 4; § car EnVKV 2 No.. 6, 15 and 16, § 5 Abs. 1 and Section I of Annex 4; Directive 1999/94 / EC Art. 2 No.. 6, 11 and 12, Art. 6 Abs. 1 and Annex IV
Continue reading The new SLK – No obligation to indicate the CO2 emission or consumption from a competition standpoint

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Urgency assumption of § 12 Abs. 2 UWG is not refuted, if the applicant is not taken against similar violations of third parties

1. The urgency assumption of § 12 Abs. 2 UWG is not refuted, if the applicant is not taken against similar violations of third parties.
2. The statement, is a substance “the only DPP4 inhibitor without CYP-450 metabolism”, is misleading lack of scientific evidence, when metabolism of “zero” results neither from the technical information even from scientific studies. A scrutiny at the level of traffic understanding reinterpretation of the claim in the statement of the absence of a “significant” or “clinically relevant” Metabolism occurs in the face of the clear wording of the specification is not considered.
Continue reading Urgency assumption of § 12 Abs. 2 UWG is not refuted, if the applicant is not taken against similar violations of third parties

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Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

Press Law

Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and press freedom are important foundations of democracy and fundamental rights in terms of 3 in the latter type. 1, 2 and 5 Anchored GG.

But communication media has different sides. You can destroy the honor and reputation of a person unlawfully. As an untrue statement of fact, illegal or manipulated photo shoot or coverage of particular private spheres fundamental rights are violated. Continue reading Medienberichtertstattungsrecht, Persöhnlichkeitsrecht, Freedom of expression and freedom of the press

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Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample. Continue reading Portrait rights (Copyright Act), general right of personality and Press

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Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

Privacy law

Due to the high, easy availability of data, their predictability and processing in databases or other computerized systems is a policy of the central facets of current and future legal realities represent.

The protection of data is not solely in orginären Privacy Legal, but also in many other areas of law, such as intellectual property law and copyright (unauthorized Down-/Uploads protected works, Database right), Application.

In addition to its general data protection law many domain-specific data protection provisions in other laws. These are the general rules of the respective national data protection laws and the Federal Data Protection Act (BDSG) ago ( § 1 Abs. 3 and 4 BDSG). Continue reading Data Governing Law / Privacy Law (with right of informational self-determination, Social Media Recht, BDSG)

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Competitive situations (including competition law and warnings injunction proceedings)

What is it about?

Competition law is in contrast to antitrust law advertising law; regulated the manner of advertising in terms of a single measure of the marketing mix. This is done regardless of the medium used, and detached from the relevant public. So it turns (also) represents a single letter of a company to a customer already as "advertising" in the legal sense.

Against anti-competitive behavior, the procedure is usually done by a warning along with solicitation of a imitator. It is an unregulated legal institution. A sample warning letter can be found here. The right Abgemahnt must usually abmahnenden the competitors will refund the cost of the lawyer's use. These costs start at around. 500 EUR in the case of relatively simple, "Hazardous" violations and to quickly reach the middle four digits. Even in light of this fact, the prior examination of the marketing activity is recommended.

Are otherwise not sufficient content desist, may take legal action by the competitor. After the expiry of a warning – often short – bemessenen Deadline, can einstweiliges available procedures are performed. The overall process is able to include two and three summary proceedings on the merits. Continue reading Competitive situations (including competition law and warnings injunction proceedings)

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Contract law (Contracts, Terms creation) and contract review

Horak lawyers across the civil- versed and contract law. We are used to, to set us apart with the economic concerns of our clients, to translate these into customized formulations and appropriate contractual interest.

Of course we support the interests of our clients even after a legal dispute over the contract beyond the end. We put the needs of the clientele to be enforced by or. defend them against insolvency. Here, we do not content ourselves with routine measures. We help our clients with specialist knowledge in the field of law enforcement and the Insolvency Act to enforce his claims.

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eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

Press release LG Nuremberg: Summary proceedings: eBay may exclude the extreme right clothes

The Internet platform, eBay has trade in certain, the far-right scene associated clothing brands locked. The Company, which includes these brands, contrast, sought an injunction and thus failed in the first instance before the Landgericht Nürnberg-Fürth.

The brands of the applicant had been described by some media as a recognition of the extreme right clothing. The Internet platform eBay then entered into these brands of current and future auctions products from. In contrast, the trademark owner defends. It denies, that is connected to the far-right scene and argues, that although they themselves expelling the products only to distributors, The sale of the middlemen in the retail successes but 25 % on eBay. Lies in the closure discrimination through eBay as a dominant company and an illegal boycott. The trademark owner has therefore requested, eBay to ban it in the way of an injunction, exclude their designated by the marks in conflict from the sale of products over the Internet marketplace eBay.
The Landgericht Nürnberg-Fürth this application by judgment of 17.5.2013 rejected.

Continue reading eBay has trade in certain, the far-right scene associated clothing brands locked, Owners sought an injunction against vain

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Intellectual Property (Patent law, Utility Model Law, Trademark, Design Right, Plant variety rights) and Copyright

We know with all forms of protection of intellectual property. The advice ranges from the registration and defense of patents, Use patterns, Designs and brands to domain name, Semiconductor topographies and plant varieties. Special experience in many industries, For example, in telecommunications, the electrical industry or the pharmaceutical industry set us apart.

We assist our clients with the inclusion of these rights in the strategic planning. We stand before the German Patent- and Trademark Office, European authorities and international authorities to, order to optimally place the rights of the markets in the interests of our clients.

We support the utilization of existing rights, both defense before ordinary courts, as well as against competitors. It includes this copyright law fair use in competitive marketing activities, preventing injuries third party rights and targeted responses to product- or property right piracies.

Of course, we fully manage your property rights. For example, we evaluate Trademark monitoring of, Check all the requirements for obtaining, for expansion or differentiation of your brand etc. worldwide.

Horak Attorneys designed all necessary contracts such as license agreements, Delimitation agreements, Confidentiality Agreements, Recycling- and distribution agreements etc. Additional qualifications, knows z.B. as a graduate engineer, ensure a comprehensive, also technical issues comprehensively considered advice and representation.

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Internet Law

The legal framework of your website, both in relation to competitors, Providers and users, require special attention. By taking into account the essential legal requirements in the areas of copyright, Trademark, Telecommunications Law and Criminal reached a representative office in “WWW” also the legal professional, which is factually.

Horak Lawyers acting for the benefit of industrial users, Such provider or client, who want to realize their ideas in this area. This involves, in terms such as electronic commerce, electronic cash, cyberlaw, nothing, tld, meta tags,PGP, cloud much more simple for everyday self-understanding.

We understand your language, know the legal problem cases and represented – in courts – with the necessary expertise to the satisfaction of the court. This technical background is not a self-; on the contrary – we obtain our knowledge through the study of our double Lawyer & Dipl.-Ing. (Electrical engineering / technical computer science), so that we can explain your circumstances and technically applicable law.

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Check the decisions of the Federal Cartel lawyer:


While the competition law is to ensure, that the behavior of a competing company not to be underestimated degree of ,,Has integrity ", serves the goal of antitrust law, that if competition exists. Since the 1999 introduced the sixth amendment to the Act against Restraints of Competition learned the German Antitrust significant changes, structural rearrangements, as the merger proceedings, besides adjustments to European standards and new rule contents, as the procedure. In the area of ​​mergers and collaborations takes Horak Attorneys both the national and the European legal merger.

Also off merger antitrust considerations play, whether in sales contracts, License agreements, im Franchising o. ä. Agreements between competitors and peers not only since the media-fines the EU a permanent role. Because often the legal validity of contracts also depends largely on antitrust standards.

What's antitrust ?

The Unfair Competition Law (commonly referred to competition law, advertising law) wants to interact with the antitrust protect competition. Also "antitrust" is therefore called sometimes as "competition law". Nevertheless remain only occasional overlap between the two areas of law in practice: Expressed extremely simplified serves antitrust cartels while avoiding unfair competition law seeks to regulate individual actions advertising between market participants.

In Germany, the Federal Cartel Office (together with the national competition authorities) responsible for the protection of competition.

Where is regulated by antitrust ?

The Act against Wettbewerbsbeschrnkungen (GWB), short Antitrust Law, for the 1. January 1958 entered into force and has since been revised six times, least through a comprehensive amendment of 1999, German competition law regulates. Apart from Germany, in particular, the importance of European competition law, and is usually caused by the European Commission - Executed - as the competition authority at EU level.

What part of the antitrust ?

The essential aspects of today's anti-trust law, the enforcement of the antitrust, the implementation of the Merger and the pursuit of abusive practices by dominant firms. Since the 1. January 1999 is the protection of bidders in the award of public contracts to fore.

What does the Federal Cartel Office ?

The Federal Cartel Office may prohibit particular combinations, prohibit abusive practices, Impose conditions and impose fines. The Cartel Act grants the Federal Cartel Office also an extensive investigative powers. The Federal Cartel Office Online offers various further information.

As decisions of the Federal Cartel come into being ?

The antitrust decisions of the Federal Cartel Office to be made in a similar process of judicial decision divisions, whose powers are defined by industry.

What we need, to process your antitrust question ?

Antitrust law, the three different aspects of antitrust, merger (Merger control) concern, and public procurement. All details must be discussed and because of the typical complexity and frequent-most strictly possible confidentiality in individual cases.

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Drug Law (Pharmaceutical Law)

We examine the marketability of your new food along with composition including the particularly important distinction to medicines. We are happy to edit your drug law issues. Of course we also advise the question of the admissibility of competition in the packaging / package inserts. Furthermore, we accompany food law / regulatory drug regulatory process. We are operating across industries.

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