Posts tagged #unfair competition
All PostsAustrian OGH on Misleading Price Advertising
Competition LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was called upon to determine whether the defendant company’s practice of advertising smartphones as costing ‘EUR Zero’ was permissible, despite the fact that the ...
‘Carbon Neutral’ Flights? AUA under Fire for Greenwashing
Competition LawSustainability is a valuable marketing tool, but it should not be taken too far. Austrian Airlines’ “carbon neutral flights” ads overstepped the bounds, turning greenwashing into unfair competition. In the case at hand, Austrian Airlines (AUA) promot...
OGH: Unfair Competition after Concealment of Circumstances
Competition LawDoes the claim ‘The brand most recommended by the leading dishwasher manufacturers’ constitute unfair competition? This was the question to be decided by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) after a manufacturer of dishw...
DE: Obligation to label Instagram advertisements by influencers
The German Federal Supreme Court (Bundesgerichtshof, BGH) ruled in three proceedings on the question of the extent to which influencers are obliged to label advertising in their Instagram posts when using so-called "Tap Tags". The action was brought ...
Germany: Legal expenses insurance must inform of invalid clauses
In its ruling of 31 March 2021, the Federal Supreme Court of Germany (Bundesgerichtshof, BGH) declared a clause of the general terms and conditions of a legal expenses insurer to be invalid, which, for a temporal classification of a legal expenses ca...
D: fee for payment via "Immediate Transfer" or "PayPal" is permissible
On March 25, 2021, the German Federal Court of Justice (BGH) ruled in a final decision that charging a fee for cashless payments via Immediate Transfer (Sofortüberweisung) or PayPal is legally permissible. There was no violation of Section 3a of the ...
OGH: Advertising of a lawyer
A legal advisor's choice of words announcing a "forceful medial representation" (“schlagkräftige mediale Durchsetzung”) is not an insulting or credit-damaging approach and is justifiable in the sense of section 9 (1) of the Lawyers' Act (Rechtsanwalt...
LG Linz: Misleading advertising for protective masks
Protective mask manufacturers may not advertise that masks with integrated silver provide effective protection against bacteria, viruses and germs and can therefore protect against infection with COVID-19. On the homepage of the defendant protective ...
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