In this article, we have analysed the most important updates and current case law in the area of debt collection and bankruptcy law from this year. You can find out what impact this may have on you in this article.
In judgment C-768/21 of 26 September 2024, the ECJ addressed the question of whether supervisory authorities are always obliged to punish a data protection breach under the GDPR. According to the ECJ, the data protection authorities have a margin of discretion.
The Federal Supreme Court interprets the GTC clauses within a contractual relationship and also applies the unusual nature clause in B2B relationships.
The Higher Regional Court of Düsseldorf (judgment of July 6, 2023 - 20 U 72/22) has ruled that a product advertisement with the claim "climate neutral" must not leave the consumer in doubt as to whether this climate neutrality is already achieved during the manufacturing process or only through compensatory measures.
Almost exactly one month before the next "Black Friday" sale, there is news again in the trademark dispute about the word mark "Black Friday". A quick refresher: the trademark "Black Friday" had been registered with the German Patent and Trademark Office (DPMA) since 2013. The term itself originates from the USA and now also refers on this side of the Atlantic to the annual sales event in online/offline retail on the Friday after Thanksgiving. This day now marks the start of the Christmas shopping season.
On March 24, 2022, the ECJ ruled that a copy of a copyrighted work made for private purposes and stored in a cloud is subject to the "private copying" exception of the Copyright Directive 2001/29/EC.
The principle of production is one of the elementary procedural maxims in civil proceedings. According to this principle, it is the task of each individual party to present and prove the facts that are favourable to him or her. What I claim, I must therefore also be able to prove in an emergency.
In its decision from the 9th of September 2021 (C-107/19), the ECJ made clear, that operational readiness does not count as off-time due to the restrictive effect on an employee's freedom of action.
