LEGAL+ NEWS
In my blog post “Can so-called warning associations do anything? – On the liability for damages of warning associations such as the Association of Social Competition (VSW)” I had already reported from practical experience on the fact that so-called warning associations – covered by the courts – are still acting to the detriment of market participants.
With its recent action against influencers, the Association of Social Competition (VSW) has attracted a lot of media attention and thus – unintentionally – finally brought movement to the question of what warning associations may and may not do. The “Handelsblatt” has now – also with my support – in its latest weekend edition of March 15/16/17, 2019 provided valuable clarification regarding the questionable actions of the VSW.
The legal consequence of the actions of VSW and, of course, of any other warning association can be, as I have explained in my article mentioned above above, may include an obligation to pay damages to injured market participants.
LATEST ARTICLES
Guide to GmbH law: The duties and liability risks of the managing director of a GmbH
In the external relationship, only the GmbH is liable, which can indemnify its managing directors. However, this does not mean that external liability of the managing directors is excluded.
In addition to personal liability in the area of tax and social security law, the managing director may also be liable on the basis of his own contractual obligations, on the basis of an induced legal appearance, on the basis of (personal) culpability when concluding the contract and in tort.
For the aforementioned reasons, every managing director of a GmbH is urgently recommended to be familiar with the requirements for proper managing director activities.
Estimation of fictitious defect rectification costs
For some time now, a landmark decision by the Federal Court of Justice has clarified that the contractual claim for damages in lieu of performance pursuant to Sections 437 No. 3, 280, 281 BGB can be assessed on the basis of the “fictitious” defect rectification costs that are likely to be necessary but have not yet been incurred, see BGH ruling of 12.03.2021, Ref. V ZR 33/19. In practice, it is of particular relevance how the court called upon to decide in an individual case is to determine the amount of such fictitious damage costs.
EUGH ruling “LKW Walter”
The possibility of being able to enforce one’s own rights as easily and quickly as possible in cross-border EU business transactions, which is very welcome in principle, has some pitfalls. The author’s experience shows that traders are often overwhelmed when they receive legally relevant mail from abroad. This is not least due to the fact that court documents received from abroad often do not meet the requirements of European law.
CONTACT
+49 (40) 57199 74 80
+49 (170) 1203 74 0
Neuer Wall 61 D-20354 Hamburg
kontakt@legal-plus.eu
Benefit from my active network!
I look forward to our networking.
This post is also available in: DE
