Another FRAND CJEU referral? Don't bet on it.

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/uk/another-frand-cjeu-referral-don't-bet-on-it

Germany's Federal Cartel Office has taken the unusual step of suggesting that first instance courts hearing ten Nokia v Daimler cases make a reference to the CJEU. Some have speculated that this intervention means that a reference is now all but inevitable. ...

12 August 2020

Product Placement with Influencers is “obvious” marketing and does not require disclosure, according to the Higher Regional Court of Hamburg

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/product-placement-with-influencers-is-obvious-marketing-and-does-not-require-disclosure

In a decision contrary to the current climate on influencer marketing, the Higher Regional Court of Hamburg decided that Instagram posts of influencers containing product placement do not need to be disclosed as “advertisement”. The full decision is not ...

29 July 2020

The German Federal Constitutional Court instructs the specialised courts to apply stricter standards when issuing preliminary injunctions

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/germany/german-federal-constitutional-court-instructs-the-specialised-courts-to-apply-stricter-standards

The German Federal Constitutional Court has criticised the specialised courts in several decisions concerning press law for issuing preliminary injunctions without taking the necessary procedural steps. These include a failure to consult the opposing party, ...

17 July 2020

Facebook’ abuse of dominance over data collection confirmed by the Federal Court of Justice

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/germany/facebook-abuse-of-dominance-over-data-collection-confirmed-by-the-federal-court-of-justice

The Federal Court of Justice (FCJ) has provisionally confirmed the Federal Cartel Office’s (FCO) decision which prohibited Facebook from collecting and processing data of Facebook users generated on other platforms and services like Whatsapp and Instagram ...

13 July 2020

Consent in online contexts - the German Federal Court of Justice’s decision on Planet49 and Facebook

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/germany/einwilligung-im-online-kontext-bgh-urteile-in-den-verfahren-planet49-und-facebook

Today, the German Federal Court of Justice (“FCJ”) handed down two important cases concerning consent, the use of cookies and the enforcement of claims under the GDPR by third parties.

28 May 2020