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Liability of Amazon-retailers

14.12.2016

E-Commerce

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

Acquisition of an overpayment in good faith

14.12.2016

Civil Law Labour Law

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.

Responsibility for postings on Facebook

14.12.2016

E-Commerce

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.

Consent to telephone and email advertisement

14.12.2016

Civil Law Consumer Protection

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.

Duplicate of a piece of furniture in a hotel

14.12.2016

Copyright Law

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

Arbitration agreements with Indian parties

14.12.2016

Arbitration

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.

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

14.12.2016

General Banking Law

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.

Right to a compulsory portion - effectiveness of an arbitration clause

14.12.2016

Arbitration

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

Prospectus information and final conditions

14.12.2016

Capital Market, Securities Banking Law

Issuers of bonds must publish important information in the offering programme in a basic prospectus.

New procedural rules at ICC

14.12.2016

Arbitration

On 01.03.2017 new procedural rules for ICC arbitration came into force. In the future, the reasons for a decision regarding the challenge of an arbitrator will have to be announced.