Today's judgments & News - Kazemi & Partner

30

Oct 2013

European Court of Human Rights declares making an Internet news portal liable for the offensive online comments of its readers was justified

The European Court of Human Rights has declared an Estonian Judgment as justified, that made an Internet news portal liable for the offensive online comments of its readers.

30

Oct 2013

Rules against unfair business-to-consumer commercial practices apply to health insurance fund established as a public law body

The European Court of Justice has stated that that a public law body charged with a task of public interest, such as the management of a statutory health insurance fund, falls within the persons covered by the rules against unfair business-to-consumer commercial practices.

30

Oct 2013

German customers are ready to pay for data protection und security management - Benefit from this opportunity!

In Germany, data protection is governed by numerous federal and State laws and regulations. The general data protection requirements that have to be met by business enterprises in Germany are laid down in the Federal Data Protection Act (BDSG), which provides that companies are allowed to process personal data only if processing of the data is permitted under a specific legal provision, or if the person whose data are to be processed has given his or her consent.

30

Oct 2013

Foreign website operators have no duty to publish an imprint in accordance with § 5 TMG

The Civil Court of Siegen (Germany) has stated that foreign website operators have no duty to publish an imprint in accordance with § 5 TMG. The court takes the view, that it is not required by law that anyone who publishes even a single web page on the Web (in German) enclose an "Impressum", an imprint that notifies visitors whom to contact or hold accountable for the content. If the website operator´s registered office is located outside Germany, there is no such an obligation.

30

Oct 2013

Keyword advertising on the internet – German Federal Court of Justice (BGH) rules again

When an internet user performs a search on the basis of one or more words on the Google search engine, that search engine will display the sites which appear best to correspond to those words, in decreasing order of relevance. These are referred to as the 'natural' results of the search.

30

Oct 2013

German Federal Court of Justice (BGH): The shareholder of a civil-law-partnership under German Law (“Gesellschaft bürgerlichen Rechts”) is not personally liable for a breach of the cease-and-desist declaration accepted

In a much considered ruling, the Federal Court of Justice (BGH) endorsed the legal capacity of the civil-law-partnership ("Gesellschaft bürgerlichen Rechts", "BGB-Gesellschaft) and stated that in principle, the civil-law-partnership can adopt any legal position once special reasons do not prevent this, and in this sense is legally capable without being a legal person (Dec. of 29.01.2001, II ZR 331/00).

30

Oct 2013

Court of Justice of the European Communities rules on the general requirements for honest, truthful and not misleading advertising

A central provision of the Unfair Commercial Practices Directive (Directive 2005/29/EC) is Article 6. This Article provides that a commercial practice shall be regarded as misleading if it contains false information and is therefore untruthful. As the Court ruled on the 19^th of October in that context, it is irrelevant if the advertiser is aware that his commercial practice contains false information.

30

Aug 2012

RA Dr. Robert Kazemi: Actual Developments in German and European Gaming Law

24. November 2011, NAGS 21st Annual Conference in Melbourne, Australien