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Use of secrets by enticed former employees
24.03.2017The defendants did not unfairly procure customer data or use this data to recruit the employees of the claimant during their work for the claimant.
Read moreTermination of a fixed-term employment contract
14.12.2016A fixed-term employment contract ends automatically upon expiry even if originally intended to be extended.
Read moreLiability of Amazon-retailers
14.12.2016The activity as a supplier on the Amazon trading platform represents a risk-increasing behaviour.
Read moreAcquisition of an overpayment in good faith
14.12.2016If 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.
Read moreResponsibility for postings on Facebook
14.12.2016The 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.
Read moreConsent to telephone and email advertisement
14.12.2016A 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.
Read moreDuplicate of a piece of furniture in a hotel
14.12.2016By setting up reproductions of copyrighted pieces of furniture in a publicly accessible hotel lobby, the originator’s right of distribution is not violated.
Read moreArbitration agreements with Indian parties
14.12.2016It 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.
Read moreObligation to minimize damages in case a loan was unjustly declared due and payable?
14.12.2016In 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.
Read moreRight to a compulsory portion - effectiveness of an arbitration clause
14.12.2016The 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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