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OLG Cologne on the surrender of cryptocurrencies
In a recent decision (11 W 15/24), the Cologne Higher Regional Court clarified that a debtor must exhaust all technically possible means to comply with ...
Tag: Debtor
Vision of contract execution: how smart contracts could shape the future of payments and legal processes
Introduction Technology is rapidly evolving and opening doors to new opportunities in the legal field, a development that always fascinates me and leaves me drawn ...
BGH on time limits and costs and closing letters for preliminary injunctions.
Introduction The landscape of German law is constantly in flux, characterized by ongoing adjustments and clarifications. A central role in this dynamic development is played ...
Understanding the cease-and-desist declaration: important insights from the BGH ruling of January 12, 2023
What was it about? In the world of competition law, the cease and desist letter is a key tool for preventing repeat infringements. It serves ...
BGH: There are no negative interest rates
In its ruling of May 9, 2023, the XI Civil Senate of the German Federal Court of Justice, which is responsible, among other things, for ...
Archive.org: Entry does not have to be removed after cease-and-desist declaration
In Germany, there is the option of issuing a cease-and-desist declaration to avoid legal proceedings. A cease and desist letter is a contract between two ...
Streamer with pseudonym: lawsuit against unknown?
Currently, I am involved in a court case that, in addition to some other legal issues in the area of streaming, YouTube and influencers, also ...
Tax office can seize domain
The Münster Tax Court has ruled that, in principle, an Internet domain can be seized by the competent tax office. DENIC had filed a complaint ...
“Invested” in tokens and nothing happened? Get money back?
Currently, there are very many projects in the field of blockchain, tokens and coins and the potential "investment opportunities" are as diverse as they are ...
BGH changes case law regarding receipt of cease-and-desist declaration
The Federal Court of Justice (BGH) has issued an exciting decision on trademark law. According to the decision, a new trademark infringement, despite a cease-and-desist ...
No exemption from broadcasting fees for reasons of faith and conscience
At the end of last year, the Koblenz Administrative Court ruled that a claim for exemption from the obligation to pay broadcasting fees due to ...
Injunctive debtor must also examine links in groups on Facebook for infringement
When someone is ordered to cease and desist on the Internet, many often forget that all content must be removed, not just the actual post ...
Federal Constitutional Court rules in favor of both manufacturers
The Federal Constitutional Court reversed a very controversial decision of the Dresden Higher Regional Court in favor of my client and upheld a constitutional complaint ...
Rental of virtual land is subject to sales tax
The Cologne Fiscal Court has ruled that the purchase and sale of virtual land in a computer game is subject to VAT. The facts of ...
BGH decides on the permissibility of fees for Paypal/immediate bank transfer
The German Federal Supreme Court today ruled that companies may charge their customers a fee for payment via Sofortüberweisung or PayPal if the fee is ...
OLG Naumburg on IP Blocking in Injunction Proceedings
Unlike the Hanseatic Higher Regional Court a few years ago in a case I represented, the Naumburg Higher Regional Court recently ruled that it is ...
Sales tax for FBA deliveries; delivery commission
In line with my article from Tuesday regarding the VAT treatment of sales from app stores, there is information today on a decision by the ...
What legal form as an esport team?
What legal form should you aim for if you want to start or professionalize an esports team? The answer to that is actually a classic ...
Mobile games as a service commission – recover sales tax?
The sale of mobile games or even in-app sales of computer games via app stores constitutes a service commission under VAT law. This was decided ...
Law on payment obligations in the Corona crisis *Update*.
Update 03/25/2020: The bill shown below has been weakened. - The obligation to file for insolvency will be suspended initially until Sept. 30, 2020, and ...
Arrest
Definition and purpose of attachment Attachment, also known as collateral attachment, is a procedural security measure under German civil procedure...
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Rechtliche Grundlagen und Praxis von Open Source in der Softwareentwicklung
In dieser Episode werfen Anna und Max einen Blick auf die rechtlichen Grundlagen rund um den Einsatz von Open-Source-Software in...
Influencer und Gaming: Rechtliche Herausforderungen in der digitalen Unterhaltungswelt
In dieser fesselnden Folge nimmt Rechtsanwalt Marian Härtel die Zuhörer mit auf eine spannende Reise durch die dynamische Welt der...
Die Rolle des IT-Rechtsanwalts
In dieser spannenden Podcast-Episode tauchen wir ein in die faszinierende Welt der IT-Startups und erfahren, warum ein erfahrener Rechtsanwalt für...
“Digitales Recht Entschlüsselt” mit Rechtsanwalt Marian Härtel
In diesem spannenden 30-minütigen Podcast entschlüsselt Rechtsanwalt Marian Härtel die komplexe Welt des digitalen Rechts für Selbstständige, Startups und Solopreneure....