News
976 articles
28 August 2026
Shrinkflation: LG Bremen beanstandet kleinere Milka-Tafeln
Weniger Schokolade bei nahezu gleicher Verpackung: Das Landgericht Bremen sieht darin eine Irreführung. Das Milka-Urteil zeigt, welche rechtlichen Risiken Mengenreduzierungen für Lebensmittelhersteller mit sich bringen können. Die Entscheidung ist allerdings umstritten. Milka-Urteil: Korrekte Gewichtsangabe reicht nicht aus Bei „Shrinkflation“ reduzieren Hersteller den Inhalt eines Produkts, während der Preis gleich bleibt oder steigt. Bleibt auch die […]
Read more17 August 2026
Test seal, NGO logo or unlawful sustainability seal? New demarcation issues under the UWG
As of 27 September 2026, significantly stricter requirements for sustainability seals apply in Germany. Under the Act against Unfair Commercial Practices (UWG) that will then apply, the use of a sustainability seal will in future be unlawful whenever it is neither based on an appropriate certification system nor set by a state authority.
Read more08 August 2026
New information requirements for consumer contracts from 27 September 2026: the warranty and guarantee label
With effect from 27 September 2026, new European information requirements apply to companies that distribute goods to consumers. In future, a warranty label and – under certain conditions – a guarantee label must be provided. The requirements apply to both brick-and-mortar retail and online distribution.
Read more29 July 2026
Waste illegally dumped on openly accessible land: property owners are not required to bear disposal costs
Illegally disposed roofing felt in the forest, construction debris at the field's edge or household waste on an openly accessible area: for property owners, the question regularly arises whether they are deemed owners of the waste solely by virtue of their ownership and must therefore bear the costs of removing such so-called fly-tipped waste. The Federal Administrative Court (BVerwG) has now clarified this question on an essential point.
Read more22 April 2026
Marking influencer advertising: press trip instead of honorarium – nevertheless advertising
The Higher Regional Court (OLG) Karlsruhe ruled by judgment of 03.03.2026 (Az. 14 UKl 2/24) on the marking requirement in influencer marketing. Even in-kind benefits can require advertising disclosure.
Read more13 April 2026
Federal Court of Justice (BGH) on agent liability under the UWG: companies are liable for unfair competition violations of their advertising partners
Agent liability under the UWG is becoming increasingly significant in practice in connection with external service providers in online marketing. However, the recent decision of the Federal Court of Justice (BGH) of 11.03.2026, Az. I ZR 28/25 makes clear that outsourcing does not result in a relief from liability. Companies can be held liable for unfair competition violations by third parties in accordance with § 8 Abs. 2 UWG.
Read more10 April 2026
Risk of confusion in trade mark law: Why "Lux" and "Luv" are distinguishable according to the BPatG
The Federal Patent Court (BPatG) decided an important practical case concerning the risk of confusion for short marks in its decision of 4 February 2026 (Az. 29 W (pat) 560/22).
Read more05 April 2026
Neighbour protection in building law: Administrative Court Hamburg strengthens multi-family houses despite objections – set-back distances, area character and design requirements in focus
A recent decision of 25.03.2026, Az. 12 E 9009/25 of the VG Hamburg clearly shows the limits of neighbour protection in building law.
Read more31 March 2026
Federal Court of Justice (BGH): Advertising for Medical Cannabis – Intermediary Platforms in Focus of HWG
The Federal Court of Justice (BGH) sets clear limits for digital platforms and telemedicine providers: the promotion of cannabis therapies to patients remains impermissible – even without reference to concrete products.
Read more30 March 2026
Federal Court of Justice (BGH) on withdrawal information: what matters is the intelligibility of consumer information
The judgment of the Federal Court of Justice (BGH) of 07.01.2026 (Az. VIII ZR 62/25) brings a substantial clarification in distance selling law and has considerable practical significance for enterprises in e-commerce. With this decision, the BGH departs from a purely formal approach and instead places the actual information function of the withdrawal information at the centre.
Read more25 March 2026
Higher Regional Court (OLG) Frankfurt: trademark infringement not enforceable via the UWG
By order of 3 February 2026, Az. 6 W 165/25, the Higher Regional Court (OLG) Frankfurt am Main has issued a decision of considerable practical significance regarding the interface between trademark law and competition law. The central issue is whether a competitor can pursue a trademark infringement by a third party via the German Act Against Unfair Competition (UWG), even though the competitor is not itself […]
Read more25 March 2026
Court of Justice of the European Union (EuGH) strengthens social award criteria: higher wages can be an award criterion
The Court of Justice of the European Union (EuGH) has decided under what circumstances social award criteria are permissible under public procurement law.
Read more23 March 2026
Holiday rental use in pure residential areas: Holiday apartments with building permission for "residential" use not automatically permitted
Legal background of holiday rental use: Distinction between permanent residential use and holiday rental use in building planning law
Read more11 March 2026
Food hygiene deficiencies on the public naming and shaming board: Hessian Higher Regional Court confirms publication despite swift remedial action
Food hygiene deficiencies on the public naming and shaming board pursuant to § 40 LFGB – an instrument of food control that remains controversial
Read more09 March 2026
Demolition order due to acute cliff collapse risk at steep banks lawful
Hazard prevention in building law due to erosion – municipality entitled and obliged to issue a demolition order
Read more05 March 2026
Corona restart aid and final decision: no cooperation, no funding – and no limitation period
Subsidy law in mass proceedings on restart aid during the Corona pandemic: duty to cooperate, administrative practice and commencement of limitation period
Read more03 March 2026
Federal Court of Justice (BGH) clarifies the definition of distance learning: synchronous online instruction is not distance learning
Once again a highly practice-relevant judgment of the Federal Court of Justice (BGH) on fundamental criteria for distance learning contracts
Read more02 March 2026
Increase in bad faith trade mark applications – DPMA warns of trade mark abuse
By notice of 4 February 2026, the German Patent and Trade Mark Office (DPMA) draws attention to a marked increase in bad faith trade mark applications. Since mid-2025, the authority has observed a growing number of applications in respect of which there are substantial doubts as to the good faith of the applicants. For undertakings, in particular those without a registered trade mark, this gives rise to a serious legal and economic risk.
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