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Phone bill over € 10.000 due to hacker attacks

24.03.2017

E-Commerce

The telecommunications operator must take the necessary measures to prevent hacker attacks as part of his due diligence obligations.

Claim for damages against former charmain

24.03.2017

Civil Law Miscellaneous

§ 8 VerG provides for the (incurable) inadmissibility of a legal claim for damages by an association against its former chairman for alleged misconduct.

Obligation of a web shop to integrate a link to the ODR platform

24.03.2017

E-Commerce

Entrepreneurs can use an alternative dispute resolution procedure in accordance with the EU Directive on Alternative Dispute Resolution in Consumer Affairs to resolve their disputes with customers.

EU regulation makes it easier to take security measures against debtors

24.03.2017

Civil Law Miscellaneous

To date, in cross-border claims a creditor is confronted with an unknown enforcement procedure.

Liability of the search engine operator for search results?

24.03.2017

E-Commerce

While liability of host providers has already been decided by BGH and OGH, the question of the conditions under which Google & Co are liable for illegal content on linked pages has not yet been decided.

Interpretation of a foreign arbitration award

24.03.2017

Arbitration

The successful party to an arbitration procedure before the Chamber of Agriculture Poland applied for the enforcement of the arbitration award at the OLG Brandenburg.

Interest clause and refusal of disbursement and cost allocation in the GTC

24.03.2017

Banking Law

The clause of the calculation of the interest rate is based on the calculation method "ACT / 360" is legal. This standard method of calculation is based on the assumption that one year has a period of 360 days and that one month has a period of 30 days resulting in slightly higher interest rates.

Investigation duties of the real estate agent

24.03.2017

Construction and Real Estate Law

If there is no indication of inaccuracy, a real estate broker acting as a double broker may hand over the seller’s information to the buyer without verifying it.

Restriction for the offset by the borrower in the GTC

24.03.2017

Banking Law

According to a provision stipulated in the GTC the bank can offset all claims against the borrower but the latter can only offset claims against the bank that are linked to the liabilities arising from the credit relationship, or which have been judicially awarded or recognized by the credit institution.

Brokerage contract in distance selling

24.03.2017

Construction and Real Estate Law

If a real estate broker submits an exposé to a prospective buyer with a clear demand for a commission fee, this is deemed as an offer for the conclusion of a brokerage contract.