10 Pitfalls When Dealing with Diversity and Inclusion Under German Law

Diversity and inclusion are topics that nowadays play an important role for every company doing business in Germany. A corporate culture of diversity is key for a successful company as it not only demonstrates the company’s awareness and acknowledgement of its social structure but can also strengthen the employees’ sense of belonging and...

Update: German Federal Court of Justice (BGH) Refers Proceedings to ECJ Regarding Losses on Online Sports Betting Due to a Possible Infringement of the Freedom to Provide Services

Following the suspension of a case by the German Federal Court of Justice (BGH) in January 2024 (Case No. I ZR 53/23) in light of a pending case before the European Court of Justice (ECJ) (Case No. C-440/23), the BGH has now referred another case regarding online sports betting losses to the ECJ (decision of 25 July 2024 - Case No. I ZR 90/23).

Judgment of the ECJ in Case C-757/22 (Meta Platforms)

Following the renewed question referred by the BGH regarding the scope of Art. 80 para. 2 GDPR, the ECJ ruled on July 11, 2024 in case C-757/22 on the standing of consumer protection associations. According to the court, the breach of an information obligation pursuant to Art. 12 et seq. GDPR is sufficient to enable representative actions.

Update on Advertising Using ‘Climate-neutral’ Statement: First Decision of German Federal Court of Justice

As already reported in detail (see our Insight of 2 August 2023 here [German only]), the first case regarding advertising using the term ‘climate-neutral’ was brought before the highest German civil court, the Federal Court of Justice (Bundesgerichtshof), in July last year (case no. I ZR 98/23). On 27 June 2024, the Federal Court announced its...

Hamburg Regional Court: Health Advertising for "Gamer" Energy Drink Inadmissible

In its decision of 19 January 2023 (Case No.: 312 O 256/21), the Regional Court of Hamburg had to deal with the admissibility of various statements advertising an energy drink in which the drink was said to increase the ability to concentrate and react. The question arose as to whether such statements could constitute an infringement of Art. 10...