On the effectiveness of a general terms and conditions clause regarding the parking of vehicles only in video-monitored parking spaces

The Bremen Regional Court ruled that a general terms and conditions clause requiring the carrier to park vehicles only in video-monitored parking areas is neither surprising nor unreasonably disadvantageous. If such parking spaces are not available on the transport route, the carrier must refuse the order or implement alternative security measures. Otherwise, instructions must be obtained from the sender.

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On the qualified negligence of the carrier in the case of theft from a truck parked overnight at an Italian rest stop; the validity of a general terms and conditions clause according to which the driver may only drive to guarded parking lots

The Munich Higher Regional Court ruled that a general terms and conditions clause requiring the driver to use only guarded parking lots is invalid if the driver was not informed of this before the contract was concluded. The carrier is only liable if it is aware of an increased risk of theft or if security measures are inadequate. Qualifying negligence does not exist if the carrier chooses suitable rest areas.

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Administrative court confirms high fine against Amazon for violations of the GDPR

The Administrative Court has upheld the decision of the National Data Protection Commission imposing a fine of €746 million on Amazon Europe Core SARL. The online giant violated the GDPR in its processing of personal data. The court emphasized the need for strict compliance with data protection regulations and also ordered daily penalty payments for failure to take corrective action.

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On the qualified negligence of the carrier for leaving valuable goods in front of an unoccupied warehouse

The Munich Higher Regional Court has clarified that leaving valuable goods in front of an unoccupied warehouse without adequate security precautions constitutes qualified negligence on the part of the carrier under Section 435 of the German Commercial Code (HGB). Even if this practice was common in the past, the carrier bears the responsibility for making the goods available safely and properly.

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Judgment: Legal clarification on the benefit-risk balance of medicinal products – approval alone is not enough

The Itzehoe Regional Court makes it clear: The approval of a drug does not automatically guarantee a positive benefit-risk balance. Subsequent findings can also influence the manufacturer's liability. A thorough judicial review remains crucial, especially if new information emerges after approval.

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On the requirements for temperature damage to frozen goods; qualified negligence when using a refrigerated vehicle without active cooling

The Düsseldorf Higher Regional Court has clarified: Violations of the TLMV (Trade Mark Regulations) regarding the temperature of frozen goods during transport result in a loss of marketability. The freight carrier is responsible for using a suitable refrigerated vehicle. A vehicle without active refrigeration during delays constitutes aggravated negligence and can lead to significant liability consequences.

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