Posts tagged #BGH
All PostsGerman BGH Clarifies ‘Personal Data’ under Article 15 of the GDPR
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) considered whether premium history details—such as adjustments, tariff changes, and terminations—in private health insurance count as personal data. The case at hand involved a ...
German BGH Strikes Down Pension Cut Clause for Riester Policyholders
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) was required to adjudicate the validity of a provision contained within the terms and conditions of a unit-linked pension insurance policy. Pension factor reductions From June t...
German BGH on Pre-Negotiated Brokerage Agreements
Civil LawThe German Bundesgerichtshof (hereinafter BGH) recently had to consider whether a brokerage agreement negotiated in advance between a project developer and a brokerage agency could still be subject to review under the German Law on Standard Terms and...
GER: ‘Garage Risk’ – What Vehicle Repair Costs Are Covered?
Civil LawThe victim of a road traffic accident has the right to take their damaged vehicle to a garage for repair and then to claim compensation from the party responsible for the accident. According to the German Federal Court of Justice (Bundesgerichtshof, ...
GER: No Equal Pay – Temporary Workers May Get Paid Less
Labour LawIn principle, it is possible to pay temporary workers less than permanent employees. However, such a measure must be compensated for, according to the German Federal Labour Court (Bundesarbeitsgericht, hereinafter BAG). Collective agreements may depa...
GER: Drugstore Cartel – Damages for Insolvent Schlecker?
Competition LawThe German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) ruled that if competitors secretly exchange information on price-setting vis-à-vis a joint customer, this underscores the experience in principle that prices that are subsequent...
GER: BGH - General Terms and Conditions and Smart Contracts
Civil LawIn its decision XII ZR 89/21 from 26 October 2022, the German Federal Supreme Court (Bundesgerichtshof, hereinafter BGH) dealt with civil law aspects of smart contracts. This ruling, which also bears relevance for Austria, deals with several fundamen...
GE: BGH Prohibits Disconnection of E-Car Battery by Land-lords
Civil LawThe Civil Senate of the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH), which is responsible for commercial tenancy law, was asked to rule on the admissibility of a general terms and conditions clause in a tenancy agreement that...
DE: Temporary Weakness of Will May Result in Impropriety of Gifting
Civil LawThe German Federal Court of Justice (Bundesgerichtshof, BGH) held that an individual’s temporary condition of being easily influenced or having a weak will may well be of importance in the assessment of the propriety of a gift. The case at hand invol...
DE: Timing Is Critical in Dealing with Defects in the Purchase of Real Estate
Civil LawShould a purchaser be represented by an agent without power of attorney when concluding a contract for the purchase of real estate, the time at which the purchaser submits their authorisation is critical should the purchaser become aware of any defec...
DE: Principle of the right to be heard in the case of online information
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), in order for a court to be able to use information obtained from the internet as a basis for a judgement, the results of the research must first be shared with the parties and th...
DE: "Rail to Fly" ticket as part of the package trip
The German Federal Court of Justice (Bundesgerichtshof, BGH) ruled in June 2021 that a so-called “Rail to Fly” ticket, if it is listed as an “advantage” when booking a package holiday without any reference to an additional fee, can be used as a servi...
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