The supreme regional court Hamm decided that the board of an association can invite the association members to a general meeting by email if according to the statutes a personal written invitation is required. (SRC Hamm, in a ruling from September 24, 2015, reference number 27 W 104/15).
On January 01, 2016 the Federal Bar Association (FBA) will install the electronic mail box for all attorneys registered in Germany. The FBA intends to make the 'beA' ready-to-receive, without considering if the attorney has made a registration and thus has access to the 'beA'.
A notarially attested cease and desist declaration indemnifies the plaintiff in a proceeding for an injunction whereas in a preliminary proceeding for injunction the risk of repetition is not cancelled. To achieve this there must be the threat of a penal notice. (Regional Supreme Court Köln, ruling from April 10, 2015, reference number. 6 U 149/14).
Ebay is under certain circumstances responsible for auctions held on his internet platform. This is what decided the German Federal Court (BGH) in case Ebay through publicity gives the link to auctions that violate the law and even after getting notice of it do not proceed to cancel the link. (BGH, ruling from February 05 2015, reference number I ZR 240/12 - highchairs for children Internet III).
In civil proceedings the plaintiff is obliged in the first instance pursuant to article 12 GKG to advance the court fees. If he wins the case he can request the defendant to pay him the advanced payment. According to the procedural law the plaintiff has the right to an interest on the amount paid at the end of the proceedings (see § 104 paragraph 1 S.2 ZPO). It is also possible to bring an action in order to have an interest on the advanced payment on court fees.
The Regional Court Hamburg deviates with its decision about the 'Storerhaftung' (Breach of Duty of Care) when connecting to a WLAN router with a predefined password from the decisions made by BGH. According to the Regional Court Hamburg a subscriber can make use of the predefined password of the WLAN router if in fact it is a personnel password (in a ruling from January 09, 2015, Case No: 36a C 40/14).
With effect from January 01, 2015 the law constituting the regulation of the minimum wages entered into force (MILOG). With the entry into force of this law it is quite evident that not everything is clear. The customer's liability is of high importance, because he is responsible for ensuring that the contractor pays the employees the minimum wage. But what is the liability like? Is the customer from now on obliged to control that the contractor pays his employees in accordance with the law of minimum wage?
The Regional Court Stuttgart decided in a ruling from August 19, 2014 that the advertising with purchase 'like' on Facebook is to be considered an anty-competitive practice (RC Stuttgart, in a ruling from August 19, 2014, Case No. 37 O 34/14 KfH).