Tag: <span>law & taxes</span>

Pharmacy marketing: The judgment of the Federal Supreme Court concerning prices in price search for mail-order pharmacies what’s the verdict–for the price? The Supreme Court has decided in its judgment of March 11, 2010 that a retailer who advertises his offer for a price (in case of BGH an espresso machine), can be taken due to misleading claims, when one of him made price increases late in the price search engine appears. The average informed user of a price goes according to the BGH thereof, that the products offered on this site at the specified price can be purchased and not expects that the specified prices due to price increases, which are still not included in the search engine are already outdated. There is but still lack of clarity in the interpretation of the detailed grounds of this judgment is not yet published. Is open for example, whether or not a misdirection by a sufficiently clear disclaimer on the website of the Price can be closed out. “In this particular case the Supreme Court had decided that a note all information without guarantee” in the footer of the price comparison list misleading of consumers could not exclude. Whether the judges generally such a disclaimer for unsuitable or but merely the design of specific reference not for deemed sufficient, can currently still not reliably be answered. The recital of the BGH, whether it expected merchants, to change prices for products which they promote in a price search engine, then, if the change in the search engine will be displayed, can apply to medicinal question the impact on mail-order pharmacies to mail-order pharmacies.

It is at least in doubt, whether reasonableness consideration provided by the BGH readily can be transferred to prices of drugs. The Supreme Court seems however the technical conditions in the practice so blatantly to ignore that there is a rather optimistic expectation should be, the case-law could specifically on mail-order pharmacies on a more pragmatic path find back. How do mail-order pharmacies? For the time being the Council on pharmacies might be only: either they can be by price of any incurred costs and subsequent penalties in case free renewed violation of what is likely to be rather difficult. But they advertise price changes of the pharmacy only in such price which is the technical interface capable of, live, or”to depict in the price search engine. Even then, the question of whether the appropriate organisational and technical effort is outweighed still by a sufficient use of in price search advertising is 300,000 affected products, however.


We don’t know how many customers that already applies. Due to the many years of activity on the part of LV doctor should already numerous cases be barred. This one won’t also unfortunately LV-Doktor. Overall a very unsatisfactory situation. The free consultant has hope, and the thing because an instance of judges on a LG in Bavaria proves us right after examination of the overall issue immediately and intends to submit the Court directly. Either way: sooner or later the free counselor will come to the Court of Justice and then spoken only true right because of free advisers certainly not buckles and also we do not believe in the BGH, who sees German interests of insurance industry. (A valuable related resource: Apple ). The free consultant believes to the ECJ.

Because this has pointed several times the German jurisdiction in their place. The Supreme Court has in a second proceeding also in December to clarify the right of withdrawal are had. Therefore the Supreme Court noted first of all, what criteria must be fulfilled all that can be spoken by an effective revocation. There are clear requirements regarding the timing of the cancellation policy, writing of the opposition notice, Principle of transparency of the revocation, notice of the existence of the right of objection, instruction about the beginning of the opposition period and instruction on the exercise of the right of objection. There are interpretations or individual cases here no. This consultant is clear according to the free, is to inform about the possible revocation. The situation that 80 per cent of all cancellation policy of the insurer not satisfying the requirements of the Federal Court of Justice arises after examination by the free consultant. Click Heidrick & Struggles to learn more.

This means that all clients for this reason have an unlimited right of withdrawal. This in turn means, 5 percent above the discount rate must that the customer refunded all contributions including interest, representing mostly around 7 percent annually, a rate of return, the insurance industry can only dream about. In addition the BGH has however also noticed and that for the first time that a period when not given proper revocation is invalid. It can be revoked forever! The free consultant advises: so check any of his withdrawal and use the gift of the Lord in this way to a respectable, rather, quite acceptable result to come. About the free Advisor, the free Advisor, the financial magazine for anyone who turns to the wide consumers. For this reason, the tenor was elected accordingly. The normal citizens of free consultants with interest and pleasure should study the reports in the magazine. The free Advisor is not a medium with which claims to inspire a detailed reporting, the lawyers and doctors, but rather a medium to the consumer with each individual issue to make it clear how important it is to apply only to free and unbound consultants. Seat is the free Advisor Verlags GmbH & co. KG Seligenstadt. Contact: The free consultant Verlags GmbH & co. KG Michael Sielmon of Steinheim str. 117 D-63500 Seligenstadt phone: + 49 (0) 6182 9938-400 fax: + 49 (0) 6182 9938-444


Auer Witte Thiel: ‘ultimate visibility of trade licence in apartment for rent’ Munich, October 2009: when a tenancy about housing the landlord required to submit business activities of the lessee without agreement not readily. The German Federal Supreme Court (BGH) in a recent judgment of 14 July 2009 decided this (AZ.: VIII ZR 165/08). The Munich-based firm Auer Witte Thiel tenancy law experts welcome the clear judgment. In the case he had to decide whether the tenant of an apartment, which had rented it for himself and his family, according to the rental agreement for residential purposes, should carry out also a business BGH. It was central to the BGH, if the industry had a visibility. For Auer Witte Thiel, the ruling provides important information on the daily work in the law of tenancy. Auer Witte Thiel portrays the case: the tenant has he exercised from the apartment business as an independent real estate broker, since no own Available business premises had.

Having regard to the commercial use, the landlord has urged the lessees under the threat of termination to operate no business activity by the flat out. When the tenant still exercised his trade from the apartment, he was given by landlord page without notice and properly terminated the tenant was required to the clearance and release of the apartment. A fully legally compliant approach\”, as a spokesman for Auer Witte Thiel. Our leasing experts at Auer Witte Thiel had discussed similar.\” The Court has upheld the repossessions – and publication request of the lessor. The Appeals Court rejected the claim however and the notice considered unfounded, since operating a trade would represent in the apartment no illegal use in accordance with Article 573, paragraph 2 No. 1 BGB. Auer Witte Thiel knows the backgrounds for this judgment: numerous start-up companies would fear to their private vacation rentals, if any commercial activity would already constitute a dismissal for a rental housing agreement.