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Legal news from WERNER attorneys computer scientists

The decision, as previously announced, of the II senate of the Lawyer's court from June 06, 2016 (reference number. II AGH 16/15) in the matter of the specific electronic attorney's mail box ready-to-receive (beA) has been taken.

Soon the lawyers' court Berlin will come to a decision in the matter of the specific electronic mail box ready-to-receive (beA). The hearing before the lawyer's court ended with a court settlement with which the FBA has now disagreed. Now that both parties had an opportunity to state their…

We hereby give a detailed report of the hearing at the II Senate of the Lawyer's Court in occasion of the proceedings against the practice of the Federal Bar Association to install the attorney's electronic mailboxes ready-to-receive. The hearing took place on February 24, 2016 and latest about…

We inform you about the latest activities regarding the beA:

In the commercial register the managing director's name of a company has to be changed in case of gender reassignment. The BGH decided that the managing director cannot pretend the complete cancellation of his former name in the archives of the commercial register. (BGH, in a ruling from February…

On November 26, 2015 the Federal Bar Association announced in a press release that the electronic lawyer post office box for all lawyers licensed in Germany will not be effective from January 1 2016. The FBA pointed out that the beA system does not have the user-friendliness which the lawyers…

We are asking the FBA to refrain from installing the beA without the lawyers' first registration and without an identification procedure.

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…

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,…

The owner of a hotel ranking portal is not responsible for the users' validations because they do not represent his opinion (BGH, ruling from March 19, 2015, reference number I ZR 94/13).

The Regional Court Essen decided that a website accidentally put online must have an imprint; including contact details (LG Essen, ruling from November 13, .2014, reference number 4 O 97/14).

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 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…

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 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).

The Federal Court requested on October 28, 2014 the European Supreme Court to give a ruling on the question whether dynamic IP addresses are personalised data according to the data protection law (Case No. VI ZR 135/13).

The court chambers in Berlin decided in a ruling from August 25, 2014 that the principle ' privilege of the provider' is also applied in the criminal law according to article § 10 page 1 number 1 TMG. A host provider is punishable by law only in case he knows of contents, that are in any form…

The Regional Court in a ruling from November 3, 2014 (Case No. 15 O 318/13) decided that it is not enough to provide in an 'Impressum' on Internet an email address that gives you an automated reply referring to other communication channels.