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3. Jun 2015 AG Dortmund: Right of withdrawal also for individually configured sofa

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.

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 OLG Frankfurt a. M.: Withdrawal period may be extended to one month

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

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 Consumer Dispute Resolution Act is coming

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

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 Lawsuit due to use of the Facebook button

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.

Digital & analog, IT law, copyright, e-commerce
3. Jun 2015 Planning for new Interstate Treaty on the Protection of Minors in the Media (JMStV)

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).

Digital & analog, IT law, copyright, e-commerce
19. May 2015 Reduction of vacation entitlements due to parental leave after termination of employment not permitted BAG 19.05.2015 - 9 AZR 725/13

According to Section 17 Para. 1 Sentence 1 BEEG, the employer may reduce the employee's vacation leave by one twelfth for each full calendar month of parental leave. However, if the reduction is only notified after the employment relationship has ended, it is invalid.

Labor law
13. May 2015 Minimum wage and collectively agreed continued remuneration, BAG 13.05.2015 - 10 AZR 191/14

In the case of collective agreements in which payment on public holidays and in the event of incapacity for work is not clearly regulated, the agreed minimum wage of the collective agreement applies and not the statutory minimum wage of € 8.50.

Labor law
13. May 2015 BAG relaxes the requirements for a company exercise BAG 13.05.2015 - 10 AZR 266/14

An employee can also base their entitlement to a special payment on company practice if the employer has unconditionally made a different amount of payment three times at the end of the year. The employee may regard such conduct on the part of the employer as a binding offer within the meaning of Section 145 BGB to receive a special payment in each calendar year.

Labor law
6. May 2015 Sit-down strike for salary increase does not justify termination without notice. LAG Schleswig-Holstein 06.05.2015 - 3 Sa 354/14

A manager persistently demanded payment as a non-tariff employee. The efforts culminated in a sit-down strike in which the plaintiff refused to leave her supervisor's office. Only the police were able to persuade her to leave the company premises. The employer's dismissal without notice has now been declared inadmissible in the unfair dismissal proceedings due to a long-standing, unobjectionable employment relationship. However, the ordinary dismissal is permissible.

Labor law
5. May 2015 OLG Hamm: Cancellation policy must contain telephone number

Before the major e-commerce reform in June 2014, it was possible to issue a warning if a telephone number was stated in the withdrawal policy.

Digital & analog, IT law, copyright, e-commerce
5. May 2015 OLG Hamburg: Ban on the resale of e-books permissible

According to the Higher Regional Court of Hamburg, an online retailer can contractually prohibit customers from reselling "used" e-books and audio books (case no. 10 U 5/11).

Digital & analog, IT law, copyright, e-commerce
5. May 2015 German government plans fixed book prices for e-books too

According to the Book Price Fixing Act, new, i.e. unused, books may only be sold at the prices previously set by publishers, among others. Unlike with most other products, individual retailers are therefore prohibited from setting any price they wish.

Digital & analog, IT law, copyright, e-commerce

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