Alle Beiträge

Due to current events: According to case law, the sending of advertising e-mails is subject to a warning if the addressee has not expressly consented beforehand. A newsletter that reports on industry events is also considered an advertising email.

Late marriage clauses prevent entitlement to a company widow's pension if the marriage was not concluded until after a specified age limit. In the opinion of the Federal Labor Court, such clauses violate the prohibition of age discrimination pursuant to Section 7 (2) AGG.

Current developments in medical device law require adjustments to the contracts normally used in supply chains. We would like to draw your attention to some of these points with this information. In addition, we would like to draw your attention to a number of erroneous or ineffective clauses in contracts for medical device supply chains, which we have recently encountered more frequently in our advisory practice:

If age plays a role in the criteria for which employees are to be dismissed, this constitutes age discrimination in accordance with Section 7 AGG. A dismissal in a small company, in which the Dismissal Protection Act does not apply, can also be age-discriminatory and therefore invalid due to a breach of Section 7 AGG.

LSG Baden-Württemberg from 25.06.2015:Additional personnel costs for 1:1 individual care in integration assistance facilities can only be reimbursed by the funding body on the basis of an individual service agreement between the service provider and the funding body in accordance with Section 75 (4) SGB XII.

The burning of privately procured video and audio media during working hours and using company resources on CD and DVD blanks procured at the employer's expense justifies termination without notice for conduct-related reasons.

The lower pay for teachers of foreign origin with a German teaching qualification who teach another language in addition to the regular teaching offer is inadmissible in comparison to teachers of foreign origin with a foreign teaching qualification who teach the same language.

The online shop operator offers individually configurable sofas. The sofas are only manufactured after the order has been placed, which is why the online shop operator excluded the right of withdrawal due to individual customer selection. The plaintiff consumer selected the color and position of the reclining element of a sofa and placed an order. The entrepreneur manufactured the sofa and delivered it. The consumer withdrew the following day.

In itself a matter of course: the statutory right of withdrawal of fourteen days can be voluntarily extended to one month.

The Federal Cabinet has agreed on a draft Consumer Dispute Resolution Act (VSBG-RegE), which is intended to implement an EU directive.

The consumer association Verbraucherzentrale Nordrhein-Westfalen e.V. has issued warnings to various companies for using the official Facebook button ("Like"). Legal action was taken against Peek & Cloppenburg and Payback. The complaint alleges a breach of data protection law because the Facebook plugin is loaded by Facebook every time a page is accessed, Facebook therefore receives the information about the page view and can therefore create a "movement profile". We have already pointed out the possible data protection violation in the consultation and suggested technical alternatives.

The protection of minors on the internet is to be revised - again. According to reports, the federal states are currently planning an online survey to be carried out this month (June 2015).