Oct 22, 2019 | Uncategorized
If websites make use of social plugins, the ECJ has ruled that the provider and the operator of the site are jointly responsible for the collection and transfer of personal user information.
Many website operators use what are referred to as social plugins by embedding them on their website. While the site operators are then jointly responsible for the collection and transfer of personal information, they are generally not responsible for the subsequent processing of this data by the provider of the social plugins. That was the verdict of the European Court of Justice in a ruling from July 29 (Az.: C-40/17). We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html note that this might mean in practice that website operators have to obtain the consent of their users, for instance by requiring an extra click for consent.
An online fashion retailer had embedded a “Gefällt mir” button, i.e., a “like” button, on its website. The consumer advice center for the German state of North Rhine-Westphalia, the Verbraucherzentrale NRW, took issue with this. It claimed that because of the button, personal information was being transferred to the provider of the social plugin from just loading the webpage, and that this was happening without the user”s knowledge and irrespective of whether the user was even registered with the relevant social network.
The Verbraucherzentrale considered the integration of the button a breach of data protection laws and filed an injunction suit. The case came before the ECJ.
The European Court of Justice held that the operator of the website may be deemed to be jointly responsible, together with the provider of the social plugin, for the collection and transfer of personal information, as it could be assumed that the website operator and the plugin provider jointly decided on the purposes and means, and that they both have an economic interest in the data. The Court went on to state that the operator of this kind of website must, therefore, make certain information available to users at the point in time when the data is being collected, for example regarding identity and the purpose of processing. However, the site operator is generally not responsible for the subsequent processing of the data after it has been transferred.
While the final details have yet to be clarified by the OLG Düsseldorf, website operators need to prepare themselves for having to obtain the consent of their users if the former wish to embed social plugins on their website. Lawyers with experience in IT law can offer advice.
https://www.mtrlegal.com/en/legal-advice/it-law.html
Oct 18, 2019 | Uncategorized
The OLG Stuttgart, Stuttgart”s Higher Regional Court, has ruled in connection with what has become known as the “truck cartel” that an aggrieved buyer is in principle entitled to claim damages from Daimler AG (Az.: 2 U 101/18).
From 1997 to 2011, the truck manufacturers Daimler, MAN, Volvo/Renault, DAF, and Iveco entered into illegal price-fixing arrangements. In 2011, this so-called “truck cartel” was uncovered. We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html can report that a fine running into billions of euros was subsequently imposed by the European Commission against the manufacturers in 2016.
The European Commission”s decision serves as proof that antitrust law has been violated and thus paves the way for damages claims brought by aggrieved truck buyers. In a judgment from April 4, 2019, the OLG Stuttgart ruled in appeal proceedings that a buyer was entitled to damages from Daimler AG. The plaintiff had purchased a dozen Daimler trucks between 1998 and 2011, and later asserted a claim for damages due to inflated prices resulting from the cartel arrangements.
The OLG Stuttgart confirmed that the antitrust violation was beyond dispute, having been definitively established by the European Commission”s decision from July 19, 2016. Moreover, since the plaintiff”s truck purchases, with one exception, coincided with the period of the illegal price-fixing arrangements, the OLG concluded that it was likely the plaintiff had in fact suffered harm as a result.
According to the established case-law of the Bundesgerichtshof, Germany”s Federal Supreme Court, the purpose of establishing a cartel is to increase the profits of the companies involved. As such, the OLG Stuttgart noted that it was highly likely the cartel was formed and maintained as a means of achieving higher market prices. It went on to state, therefore, that it was equally likely that those who purchased trucks affected by the price-fixing arrangements suffered harm. While the objections submitted by Daimler were deemed by the OLG Stuttgart to be insufficient, the Court did grant leave to appeal.
Buyers harmed by the truck cartel can assert damages claims against the members of the cartel. Following the European Commission”s decision, there is nothing standing in the way of bringing a claim for damages. It is nonetheless crucial to consider the prescription of claims and its implications for individual cases. Lawyers with experience in the field of antitrust law can offer advice.
https://www.mtrlegal.com/en/legal-advice/antitrust-law.html
Oct 17, 2019 | Uncategorized
Dietzenbach, Germany, 16. October 2019 – Cartonplast Group is investing in the Polish service centre location in Mysowice.
Cartonplast Poland was founded in 1987 as a company of the Cartonplast Group (CPL), headquartered in Dietzenbach, Germany. CPL is Europe’s leading operator of a pool system for reusable transport plastic layer pads (PLPs) on a rental basis. Its pads are used in 20 countries to transport glass, cans and PET containers to fillers in the beverage, food, pharmaceutical and cosmetics industries.
The company operates 17 Service Centres worldwide – one of them in Mysowice, Poland. Since 2013, this state-of-the-art service centre has been located in the Panattoni Logistic Park in Mysowice – on the border of Mysowice, Katowice and Tychy, near the A4 motorway as part of European Road 40 and the pan-European transport corridor. For supplying Polish and Eastern European customers Mysowice location is the ideal logistic starting point.
The technical design of the Polish site is tailor-made and focused on the growth of the Polish and Eastern European market to enable efficient operation and optimal storage of the PLPs. On a production area of approx. 3,400 m2, 10 million layer pads are delivered to customers, returned, inspected and cleaned – and then delivered back to the customers – every year. The modern plant is equipped with dock-level doors, and all PLPs, from the return of the fillers to the redistribution to the glassworks, are stored in the Service Centre.
Due to rising demand and increased customer volume, a second state-of-the-art “Mart 10000 washing system” was installed in February/March 2019. This will increase the annual cleaning capacity of the PLPs by 7 million to 14 million and also increase the quality level for the re-processing of the layer pads. To ensure that we are environmentally friendly for our planet, state-of-the-art water neutralisation equipment will be retrofitted to the washing system at the beginning of next year. The quality team office and laboratory are both located on the shop-floor to ensure the highest standards of our finished product are met.
“With only one cleaning system for the layer pads in our Polish Service Centre, we have reached the capacity limits for reprocessing the layer pads,” says Marek Kapusta, Managing Director Cartonplast Polska. “By installing the second washing line, we have doubled the annual washing capacity to 14 million layer pads and at the same time increased the quality level of the pool service for our customers,” adds Michael Heikenfeld, Chief Sales Officer and Managing Director Cartonplast Group.
Increasing outsourcing trend and sustainability efforts in transport packaging
The company is benefiting from a global outsourcing trend and sustainability efforts. Customers no longer need to have their own stocks of transport and packaging materials and storage space becomes available as the PLPs circulate in the external CPL pool system.
Compared to cardboard layer pads, plastic layer pads are more hygienic, safer to transport and – due to their reusability – more cost-efficient. In the coming years, Cartonplast will continue to grow through internationalization and the product range will be expanded – for example, through the additional rental of tailor-made plastic pallets especially for the glass container industry.
Cartonplast speaks all languages – Topic of outsourcing in the Polish explanatory video
In an animated explanatory format, the video explains the complex subject of outsourcing and the use of returnable transport products. The video shows how container manufacturers and bottlers benefit from outsourcing, why it saves costs, protects the environment and benefits everyone. To bring the video to an international audience, there is also an English, French, Portuguese and Brazilian version. Click here (https://youtu.be/rd6pO9OmKM8) to go directly to the Polish video.
For further information, please contact Cartonplast Group by email at info@cartonplast.com or contact Michael Heikenfeld, Chief Sales Officer and Managing Director Cartonplast Group, michael.heikenfeld@cartonplast.com.
Oct 17, 2019 | Uncategorized
Although a pair of jeans may fit perfectly and look good to boot, this does not in and of itself confer copyright protection. That was the verdict of the ECJ in a ruling from September 12, 2019 (Az.: C-683/17).
According to the established case-law of the ECJ, an original subject matter constituting the expression of its author”s own intellectual creation can be classified as a “work” and enjoy copyright protection. We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html note, therefore, that designs can, under certain circumstances, benefit from copyright protection.
However, the ECJ has since set the bar high for designs to benefit from copyright protection in a recent ruling. The Court held that copyright protection may not be granted to designs on the sole ground that, over and above their practical purpose, they produce a specific esthetic effect.
The case before the ECJ concerned a dispute between two manufacturers in the fashion industry. One of the two producers accused the other of copying and bringing to market several of its jeans and shirts. The ECJ ruled that while it is possible for designs to be granted copyright protection as works, the protection of designs and copyright protection pursue different objectives and are subject to distinct rules.
It held that the purpose of the former is to protect subject matter which, while being new and distinctive, is functional and liable to be mass-produced. The protection only applies for a limited time and is not meant to excessively restrict competition. The ECJ went on to state that the duration of copyright protection is significantly greater and applies to subject matter that is capable of being classified as a work. Granting copyright protection to subject matter that is already protected as a design must not undermine the respective objectives.
The cumulative grant of copyright protection for designs is thus only possible within narrow parameters. The Court also noted that a design”s esthetic effect does not constitute a factor that is relevant to the determination of whether said design can be classified as a work. What does need to be demonstrated to this end is that the subject matter is identifiable with sufficient precision and objectivity and that it represents an intellectual creation of the author.
Lawyers with experience in the field of IP law can offer advice.
https://www.mtrlegal.com/en/legal-advice/ip-law/copyright-law.html
Oct 17, 2019 | Uncategorized
Las Vegas, Nevada – October 17, 2019
The retrofitted SmartTOP convertible top module for the BMW Z4 Roadster (E85) and the Mini Cabrio (R52) makes it possible to open and close the convertibles top while driving at a speed of up to 40 km/h. Thanks to the One-Touch function, a brief tap on the interior button is all it takes. In addition, the convertibles top can be operated from a distance using the existing vehicles key.
“With the sophisticated functions of our SmartTOP comfort modules, we want to make the everyday cabriolet and driving experience as easy as possible,” explains PR spokesman Sven Tornow. “That’s why we regularly add new functions to our modules and are happy to respond to customer requests,” Sven Tornow continues.
The SmartTOP convertible module for the BMW Z4 Roadster and the Mini Cabrio have now received the following new functions: It is now possible to have the indicator blink three times automatically by briefly pressing the indicator lever once. “Coming/Leaving Home” mode let the low beam or fog light be activated for a short time after opening or closing the vehicles door.
Additionally, the hazard warning lights can be activated if the top is operated via the remote control. Valet mode prevents the convertibles top from being operated via the interior button and remote control. This allows the top to be completely locked when a third party is using the vehicle.
All functions can be programmed according to your personal requirements. A setup menu enables the configuration of the retrofitted convertible top module via the existing display in the vehicle. The individual functions and their options are displayed in plain text.
The SmartTOP convertible modules are also equipped with a USB port, which allows programming and installation of software updates via the home PC/Mac. Existing customers can also benefit from these new functions, as the manufacturer Mods4cars makes these updates available to all customers, free of charge over the Internet.
The SmartTOP comfort module for Z4 Roadster and Mini Cabrio is available from 249,00 Euro + tax.
SmartTOP convertible top modules are available for the following vehicle brands: Alfa, Audi, Bentley, BMW, Chevrolet, Ferrari, Ford, Infiniti, Jaguar, Lamborghini, Land Rover, Maserati, Mazda, McLaren, Mercedes-Benz, Mini, Nissan, Opel, Peugeot, Porsche, Renault, Volkswagen and Volvo. The other BMW models BMW 1 Series, 2 Series, 3 Series, 4 Series and 6 Series Convertible are also supported.
A product video can be viewed here:
For more information:
http://www.mods4cars.com
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Oct 15, 2019 | Uncategorized
Strategic litigation is essential to enforcing one”s rights in national and cross-border legal disputes.
Due to globalization, both national and international laws need to be considered in the context of legal disputes. While trade is international, legal jurisdiction begins and ends at national borders. We at the commercial law firm MTR Rechtsanwälte https://www.mtrlegal.com/en.html note that strategic planning, as well as collaboration with international law firms, is becoming increasingly important to enforcing one”s rights at home and abroad.
Proceedings are often highly complex and involve various legal fields. MTR Rechtsanwälte boasts an experienced team of attorneys with a high level of expertise in all legal fields relevant to commercial law. This enables us to provide reliable advice from a single source in enforcing our clients” rights.
This includes assessing whether it is necessary to take a case to court and weighing up the opportunities and risks of formal proceedings. There may be other, more appropriate means of settling a dispute. If this is not the case, taking the matter to court becomes unavoidable. We at MTR Rechtsanwälte are then able to represent our clients in any form of judicial or arbitration proceedings.
https://www.mtrlegal.com/en/legal-advice/litigation.html
