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News

Find friends on Facebook

14.12.2016

Invitation emails sent by Facebook to recipients, who are not members of this social network, must be qualified as unreasonable harassment in terms of § 7 (2) (3) of the German Fair Trade Practises Act (dUWG). 

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Termination of a fixed-term employment contract

14.12.2016

A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended. 

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Liability of Amazon-retailers

14.12.2016

The activity as a supplier on the Amazon trading platform represents a risk-increasing behaviour. 

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Acquisition of an overpayment in good faith

14.12.2016

If an employee (in the case decided: a caretaker) receives an overpayment over a longer period by mistake, she is not obligated to pay back the surplus provided that she has already spent the money in good faith. 

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Responsibility for postings on Facebook

14.12.2016

The owner of a Facebook-account whose membership account has been used by a third party, is liable on the principles of the so-called „Halzband“-decision issued by the German Supreme Court (there, the wife of the accountholder had advertised a non-genuine piece of jewellery as “Cartier“ on eBay.

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Consent to telephone and email advertisement

14.12.2016

A consumer’s declaration of consent to telephone and e-mail advertising for the purpose of free participation in a competition is void, if this consent concerns a large number of companies. 

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Duplicate of a piece of furniture in a hotel

14.12.2016

By setting up reproductions of copyrighted pieces of furniture in a publicly accessible hotel lobby, the originator’s right of distribution is not violated. 

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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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Obligation to minimize damages in case a loan was unjustly declared due and payable?

14.12.2016

In the case decided, a bank unjustly declared the loan earlier due and payable, whereupon the borrower demanded the costs of the debt restructuring from the bank as compensation for damages. 

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Right to a compulsory portion - effectiveness of an arbitration clause

14.12.2016

The legal right to a compulsory portion cannot be made subject of arbitrational proceedings by manifesting an arbitration clause in the last will. 

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