judgments

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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Federal Court of Justice: On proof of proper acceptance by the carrier of (deep-) refrigerated goods

The Federal Court of Justice clarifies: When claiming compensation, the claimant must prove that the frozen goods were delivered undamaged and properly refrigerated. The receipt is considered a rebuttable presumption of accuracy if the carrier signs it without prior verification. This strengthens the claimant's position and emphasizes the importance of careful verification.

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BGH ruling: Violation of the principle of equal division in brokerage fees for single-family homes

The Federal Court of Justice ruled that a broker's commission on a real estate purchase is invalid if the commission was not agreed upon by the buyer and seller in the same amount, as required by the principle of equal division in Section 656c of the German Civil Code (BGB).

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