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European Union › Appeals › Germany

The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of... more +
The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -
Morgan Lewis

A German Court Goes Green? Recent Developments in German Climate Litigation

Morgan Lewis on

The Higher Regional Court Hamm dismissed a Peruvian farmer’s claim against a large international energy group for damages related to climate change but acknowledged in an obiter dictum that such claims may be legally possible...more

Herbert Smith Freehills Kramer

UPC Structure – local, regional and central divisions and Court of Appeal, Judges & Languages

Herbert Smith Freehills Kramer on

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

McDermott Will & Schulte

Federal Court of Justice Rules on Costumer Installation

McDermott Will & Schulte on

On May 13, 2025, the Federal Court of Justice (BGH) issued a long-awaited decision (EnVR 83/20) on the question of whether an energy grid can be classified as an unregulated “customer installation” (Kundenanlage). In the...more

A&O Shearman

Amendments in UPC proceedings: current developments and practical guidelines

A&O Shearman on

Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules...more

Fish & Richardson

Munich Appeals Court Reinforces Security-Centric FRAND Framework in SEP Dispute

Fish & Richardson on

Standard-essential patent (SEP) licensing remains a critical issue in Europe, where political bodies and national courts at times diverge in the interpretation of fair, reasonable, and non-discriminatory (FRAND) licensing...more

McDermott Will & Schulte

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

McDermott Will & Schulte on

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

A&O Shearman

The Unified Patent Court asserts its jurisdiction to determine damages following national court infringement ruling

A&O Shearman on

In a landmark decision Fives ECL, SAS v. REEL GmbH on January 16, 2025, the Court of Appeal (CoA) of the Unified Patent Court (UPC) clarified the jurisdictional boundaries of the UPC. This decision has far-reaching...more

Morgan Lewis

New Procedural Means in Practice: Leading Decision Procedure and Representative Action

Morgan Lewis on

In November 2024, the German Federal Court of Justice made its first decision within the new leading decision procedure, which is intended to simplify mass proceedings. Another new procedural tool is the redress action. In...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

McDermott Will & Schulte

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Schulte on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Akin Gump Strauss Hauer & Feld LLP

Adler Restructuring Plan Set Aside: Reflections on the English Court of Appeal’s Landmark Ruling

Akin Gump Strauss Hauer & Feld LLP on

In one of the most highly anticipated judgments in the European restructuring market in recent years, on 23 January 2024, the English Court of Appeal overturned the High Court’s decision sanctioning the Adler restructuring...more

King & Spalding

Medicinal Product, Food Supplement or Novel Food?

King & Spalding on

In the European Union (EU), we find a lot of judgments concerning the distinction between medicinal products and food supplements on both EU and member state levels. Now a third category — novel food — is in the focus of...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

Spirit Legal on

Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employees’ Rights to Email Data in Germany Pursuant to Article 15 (3) GDPR

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Employees may have a claim against their employers for access to information about all personal data processed by the employers pursuant to Article 15 (3), Sentence 1, of Regulation (EU) 2016/679 (General Data Protection...more

McDermott Will & Schulte

International News: Healthcare - Spotlight on the Industry - May 2021

McDermott Will & Schulte on

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

WilmerHale

Keeping Trade Secrets Secret: The Stuttgart Court of Appeal on the Protection of an Undertaking’s Most Valuable Information

WilmerHale on

The effective protection of trade secrets is essential to the continued economic success of most undertakings. On 26 April 2019, after much debate and significant delays the new German Law on the Protection of Trade Secrets...more

Society of Corporate Compliance and Ethics...

German court rules Facebook illegally harvested data

Society of Corporate Compliance and Ethics... on

Report on Supply Chain Compliance 3, no. 14 (July 23, 2020) - Germany’s top court reversed a decision by an appeals court, stating that there is no doubt that Facebook enjoys a dominant position in the market and also no...more

Hogan Lovells

International Products Law Review 2020: Issue 76

Hogan Lovells on

We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

Hogan Lovells

Stuttgart Court of Appeals: Unfair conduct when textile components are indicated in English in Germany

Hogan Lovells on

At the end of 2018, the Stuttgart Court of Appeals [Oberlandesgericht] clarified that, pursuant to Regulation (EU) No. 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile...more

Foster Garvey PC

OTA & Travel Distribution Update - German coalition's plans for increased scrutiny of online platforms; Avvio introduces chatbot...

Foster Garvey PC on

This week’s OTA & Travel Distribution Update is below and features a variety of stories – EU regulation, AI-powered chatbots, direct booking, connectivity and taxes....more

A&O Shearman

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

A&O Shearman on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Hogan Lovells

German Federal Court Rules On Google’s Image Search – Thumbnails III

Hogan Lovells on

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

Jones Day

European Labour & Employment Update - September 2017

Jones Day on

In this edition, we report from around Europe on some interesting case law developments that affect the way employers manage their employees. The range of issues covered shows that, despite the breadth of directives issued by...more

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