legal insights
30. October 2025
When does an agreement qualify as a “commercial agency agreement” (and why does that matter)?
Whether an agreement is a commercial agency agreement is determined by the actual content of the agreement. The name of the agreement is not relevant. Instead, the overall picture of the circumstances is decisive. This is the result of the judgement of the Higher Regional Court (OLG) Frankfurt am Main of 8 July 2025 (Case...
Reading time: 4 min
Trade and Distribution Law
22. August 2025
Attribution of fraudulent conduct by a testing company in the context of the conformity assessment procedure
If a manufacturer of personal protective equipment within the meaning of Article 3 of Regulation (EU) 2016/425 (PPE Regulation) engages a testing company as part of the conformity assessment procedure for its products, it must accept responsibility for any fraudulent conduct on the part of that testing company. This has been decided by the ruling...
Reading time: 3 min
5. March 2025
Bundesgerichtshof judgment on copyright protection for Birkenstock sandals
The daily press has already reported on the Federal Court of Justice’s “Birkenstock sandals” decision (judgement of February 20, 2025, case no. I ZR 16/24). For example, the F.A.Z. wrote on February 20, 2025: “‘Birkenstock sandals are not works of art and therefore do not enjoy copyright protection’, decided the highest German civil judges.” Many...
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