BGH ruling "Influencer II"

LEGAL+ NEWS

In its “Influencer II” ruling, the Federal Court of Justice clarified in response to rejected claims by the VSW (“Association of Social Competition”) that the influencer only has to provide an advertising label for their post if they receive a consideration from the company in question. The press release states:

In the press release states:

“(…) With regard to commercial acts in favor of third-party companies, the assumption of a violation of Section 5a para. 6 UWG is ruled out because the defendant did not receive any consideration for the contested contributions and these contributions therefore satisfy the overriding special provisions of Section 6 para. 1 no. 1 TMG, Section 58 para. 1 sentence 1 RStV and Section 22 para. 1 sentence 1 MStV (see the above comments on proceedings I ZR 125/20). Accordingly, there is also no violation of No. 11 of the Annex to Section 3 (3) UWG. “

Do you have any questions?

LATEST ARTICLES

Judge's gavel. Symbol for jurisdiction. Law concept a wooden judges gavel on table in a courtroom

International procedural law

Recognition and enforcement of EU judgments in Germany

The internationalization of business transactions means that the question of whether and how a judgment issued in the creditor’s home country can be enforced in the debtor’s home country is of great practical importance. The author of this article has also experienced that many debtors are not prepared to pay voluntarily.

The following article provides an overview of how a judgment issued in the EU in civil and/or commercial matters can be enforced in other EU Member States – here using Germany as an example.

Documentary action in civil proceedings: definition, procedure and context with the order for payment procedure

An action based on documentary evidence or a documentary process offers the possibility, as an accelerated procedure, to bring an action – initially – only by means of documents, see Section 592 ZPO.