New law court decisions, bills and legal instruments
In this section we keep you informed about important new decisions rendered by German courts of law. We make reference to bills debated in Parliament, and to new law entering into force.
Please note that we cannot be held liable for content on web pages of third parties which we only refer to.
21/12/10: The German Federal Court of Justice has reconfirmed his opinion that the owner of a real estate may prohibit the publication and exploitation of photographs taken on his property. Thus, in a conflict between a property right in a real estate and a copyright of the photographer who has taken the photograph the property right prevails.
14/09/10: The famous Lego brick is not protectable under European trademark law, the European Court of Justice held today. The judges considered the brick a sign consisting exclusively of the shape of goods necessary to obtain a technical result. The most important element of the sign composed of the Lego brick is the two rows of studs on the upper surface of that brick, which are necessary to obtain the intended technical result of the product, that is to say, the assembly of toy bricks.
28/06/04: On June 24, the European Court of Human Rights held that Princess Caroline of Monaco's right to respect for private life has been violated by the Federal Republic of Germany. The German constitutional court has traditionally followed a broad interpreteation of the fundamental right of the freedom of the press. In several decisions the constitutional court had declared that "public figures" had to tolerate the publication of photographs which showed them in public places, even if they showed them not fulfilling any public duties. The European Court of Human Rights considers this a violation of Article 8 of the European Convention on Human Rights. The court held that the general public did not have a legitimate interest in knowing how Princess Caroline behaved generally in her private life.
The court`s decision makes it doubtful whether the German interpretation of the "freedom of the press" can be upheld. Moreover, all European jurisdictions with a similar broad understanding of the freedom of expression - such as the British legal system - will have reason to verify whether their jurisprudence is still in line with European law.
04/06/04: On May 26 the German government passed the bill on European companies which will now be debated in Parliament. The bill is based on the EC regulation on the Statute for a European company (SE) and the EC directive on the involvement of employees. The advantage of a European company lies in the fact that it can act across borders in the EU without a network of subsidiaries and branches in each member state. WALDENBERGER RECHTSANWÄLTE assist enterprises in all questions regarding the foundation and administration of a European company.
