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News

No obligation of the physician to inform or to warn about the costs of the treatment

24.03.2017

After a ski accident the defendant was transported to the claiments private hospital. 

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Disproportionate distribution of profit

24.03.2017

Pursuant to § 82 (2) GmbHG, the profit is generally distributed in proportion to the capital invested. 

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Digital copying of protected books only with the consent of the copyright owner

24.03.2017

Two authors of literary works applied to the French constitutional Court for the annulment of a decree which allowed the commercial use of "out-of-print books" in digital form. 

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Use of secrets by enticed former employees

24.03.2017

The defendants did not unfairly procure customer data or use this data to recruit the employees of the claimant during their work for the claimant.

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Product-key distribution

24.03.2017

Microsoft asserted copyright claims against the defendant on the grounds of the infringement of its trademark rights due to the transfer of a product key to third parties. 

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General Terms and Conditions: Limitation of liability to the amount of the rental charge

24.03.2017

A limitation of liability clause "In the event of slight negligence (except for personal injury), S *** is liable for the damage up to the amount of the agreed rental charge" provided in the general terms and conditions of a car rental company is valid.

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Phone bill over € 10.000 due to hacker attacks

24.03.2017

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

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Claim for damages against former charmain

24.03.2017

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

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

24.03.2017

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. 

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Arbitration agreements with Indian parties

14.12.2016

It is particularly difficult to achieve the enforcement of a foreign arbitral award in India, if the arbitration agreement has been concluded prior to the "Baltico-Judgement" of 07.09.2012. 

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