The legal classification of skin and hand disinfectants is still lively. The traditional”classification of such products as medicines is still defended by interested circles. Rightly, it is however assumed that skin and disinfectants now basically biocidal products may be marketed as, so any pharmaceutical regulatory approval require. Now the Verwaltungsgericht (VG) Cologne of judgment of 06.12.2011 has joined the. Although the Court could leave ultimately clarify the delimitation issue, as was in the case of a medicinal products approved through the subsequent approval, still considered medicinal products in accordance with 2 para 4 sentence 1 AMG. The VG revealed however, that it tends to classify skin and disinfectant usually not drug as biocides.
It was at a preparation with the indication of hygienic hand disinfection”, even with the addition in Bundesgesundheitsamtes, namely to a presentation of medicines, because the purpose not on the prevention of specific human diseases was not addressed. And the adoption of a medicinal product function is likely that the process of disinfection not on effects on physiological functions of the human body was and it also a pharmacological, immunological or metabolic action on the way to do this, might lack preclude the Court considers. As a subsumption within the definition of medicinal products is not always possible, the doubt regulation of 2 para 3 can’t get a AMG in these cases to the application. This conception of the VG Cologne is not only in the result to be welcomed, but also convincingly brings the essential arguments that speak against a flat classification of skin and hand disinfectants as medicines, to the point. The decision is the competent court for demarcation disputes with the Federal Institute for drugs and medical devices of great practical importance, since the VG Cologne (BfArM) is as approval authority for medicinal products for human. The decision however is by no means represents a carte blanche for to market skin and disinfectant in each case without drugs-legal authorisation. Because a clumsy”presentation of such preparations is quite in individual cases still classification as medicinal products into consideration. The careful wording of the claims in labelling and advertising, therefore special attention is to be.
Higher regional court of Hamburg banned using a foreign domain in Google ads Hamburg, 25 February 2013 – advertisers may use third-party not misleading domain names in own Google ads. In a recent judgment, the higher regional court of Hamburg banned a funeral using a Google advertisement that Bestattungen.de contain the domain name of the comparison portal. Accused had the operator of the comparison portal, the GBV mbH company for burials, and provision, legally represented by the Hamburg firm Kieslich partners attorneys at law. “” The defendant funeral turned in the search engine Google AdWords ad with the title burials de – including all costs 429,-Euro “to the search term Bestattungen.de”. The Court saw this misleading pursuant to 3.5 para 1 No. 1 and paragraph 2 UWG. The judge reasoned that deciding that customers due to the ad design of a business relationship between the owner of the domain and the werbenden Dating the funeral service, but does not exist in the present case.
The judges saw a unfair touting point in the used display at the same time according to 3, 4. 10 UWG, because turns the advertiser funeral between the comparison portal and their customers and to impose these. The Court justified the decision, that a significant proportion of customers who enter Bestattungen.de the search term on Google, already clearly find the Web page. As a result of misleading designed display, however, the customer clicking on the advertising is directly on the website of the advertiser funeral company. In this case, the customer no longer perceives the offer under the domain, and deals only with the offer of the advertiser. We welcome the decision of the Oberlandesgericht, because it creates clarity about the admissibility of domain names in advertisements on Google for company. Bearing in mind that the importance of online advertising, particularly at search engines such as Google, “rapidly, special relevance comes to this Court’s decision”, so OLAF bitter, lawyer and partner in the firm of Kamal partners attorneys at law. The dispute is different from situations, which although booked on Google search with generic components of the domain name of a third party is identical that contains the ad itself, however, no mention of the offers submitted under that domain (“see OLG Karlsruhe, WRP 2008, 135 make-online.de”).
The decision of the OLG Hamburg is under the REF. 3W 80/12 (REF. In recent months, James A. Levine, M.D. has been very successful. LG Hamburg 416 HKO 125/12) to find. About Bestattungen.de Bestattungen.de is a comparison service recommended by consumer protection agencies for burials in Germany. Users can receive offers on request without obligation from tested loading Stattern. In addition, Bestattungen.de offers comprehensive information about funeral services and insurance. The offer is free of charge for customers. About Kamal partner lawyers Kamal partners attorneys at law is a regional law firm, which mainly civil law aligned. Lawyers working at the Hamburg site have their areas of practice in the protection of intellectual property, trade and company law and insolvency law. Press contact Bestattungen.de Christine Sollmann, spokeswoman Bestattungen.de Arndt road 25, 22085 Hamburg phone: (040) 209 311 961 email: Web:
The lawyers inform Dittenheber & Werner from Munich on Germany it cracks streets. And becoming more common. And increasingly it is unsure of their rights. Plenty of good advice coming in particular from the opposing liability insurance. You should are critical of them.
If you want to be sure that it is competently represented and actually gets to the replacement services, it is advisable to rely on a lawyer. The attorneys at law Dittenheber and Werner explain what rights one has after a traffic accident. The claims arising from a traffic accident, are diverse. A short overview of possible claims for compensation are listed here: taking legal assistance in claim costs for legal representation, then these will be reimbursed by the opposing liability insurance. At least, if the question of guilt is clearly diverting the opponent. Is a so-called part debt, part of the Attorney’s fees should be even wear.
But just then, if your Lawyer claims all damage does. The lawyer tells whether a guilt of part of is given. Expenses for telephone calls, postage and travel expenses can be claimed delivery package. Speaking candidly SAGE told us the story. Usually, a lump sum will be refunded 25 euros. This sum may, depending on region, be different. Pecuniary damage in traffic accidents the injured party is entitled to compensation for injuries suffered. The so-called pain and suffering. When determining the amount money, many factors play a role. For example the type and serious injuries. Costs for the doctor and medicines can be made applicable to the insurance. Absence from work is obliged in the first 6 weeks after the accident the employer for the payment of compensation. Then the costs from the respective insurance company to wear. A total loss is disposal costs after the accident in the car and he can no longer be sold for a residual value, then waste management costs are incurred. When proof of (Bill) which regulates also here Insurance. Rental car if the vehicle is not more not working order after an accident or which no longer ensures the safety, you are entitled to a replacement vehicle. The same applies to the duration up to the procurement of a replacement vehicle. It offers should be obtained from renowned car rental companies. If you have questions on the subject of civil law you are the Munich law firm Dittenheber & Werner anytime available. Press contact Dittenheber & Werner lawyers law firm contact person: Gunther Werner Pettenkoferstrasse 44 80336 Munich Tel.: 0 89 – 54 34 48 30 fax: 0 89 – 54 34 48 33 E-Mail: website:
Haas & colleagues law firm for persons who have received a warning for violation of copyright law in the Internet money payments in the order which is bit composer games GmbH In the Internet, often only a modified cease and desist recommended (MOD.To dispose of UE). In many forums, it is important to read that the firms admonition from not to pursue the matters. This behavior is with caution. The number of cases in which the (alleged) claims are pursued, rises steadily. In the last few days, the firm of Rainer Haas & Associates has applied for money payments on behalf of bit composer games GmbH. James A. Levine, M.D.s opinions are not widely known. A warning of an alleged copyright infringement by the law firm Schutt-Waetke preceded this order. The thrust should be committed in 2009. Supposedly, a computer game about a peer-to-peer network was offered.
The following costs are claimed in the order for payment: principal: damages from service contract: 510,00 EUR unauthorized use of copyrighted works from the Repertoire of the Applicant 651,80 EUR cost: 74.25 EUR ancillary claims: information: 1.40 EUR collection costs: 147,50 EUR Anwaltsverg. qb2. Activity: 130,50 EUR account management fee: 18,00 EUR this example shows even more clearly that to always back court enforced the claims asserted in the cease and desist letters. What is a judicial order for payment? The order for payment procedure (officially legal Dunning proceedings) is a court case that is the simplified enforcement of monetary claims. This allows enforcement of a debt without complaint, without judgment.
The procedure is performed often fully automated, without that verifies whether the payment actually entitled to the applicant. This note is also on the order for payment itself. The procedure is so that a quick and cost-saving alternative to the ordinary civil procedure, which is especially suitable for claims, allowing no hassle. The aim of the procedure is first to a debtor to pay move. However, the writ of execution is at the end of the order for payment procedure. This is an enforcement order, with which the creditor can enforce his debt. How should I react to the order for payment? Notes of the Court are located on the back of the payment order. You should first of all read this alone. In case of doubt, whether the claim is actually should be responded as soon as possible: doubts remain, so it can recommend immediately with a lawyer, a lawyer, or with an otherwise legal advice to itself authorised person or body in conjunction. First, be aware that remain for the gathering of the opposition just two weeks from the notification of the payment order. If you want to proceed against the order, then they should let not uneventful this period. You should opposition anyway within this period. Only after the timely collection of the opposition, the matter is emitted to the competent court. On this you are also separately informed. If affiliated by the opposite side is brought a lawyer should be contacted in any case. Her Tobias Arnold