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Online retailers should not exclude the cession of claims for defects in general terms and conditions

Online retailers should not exclude the cession of claims for defects in general terms and conditions

Facts Two commercial internet traders were parties to a dispute upon which a decision was taken in October 2015 by OLG Hamm. The defendant company operates in such market sectors as commercial electrical and electronic equipment, coffee machines, refrigerators, and washing machines. It utilises general terms and conditions that include ... Read More »

The ‘entire agreement clause’ vs. the Haviltex standard

The ‘entire agreement clause’ vs. the Haviltex standard

Commercial contracts often contain an ‘entire agreement clause’. An entire agreement clause stipulates that the written agreement contains all the arrangements between the parties and usually reads along the lines of: “This agreement constitutes the entire agreement between the parties”. This article discusses the effect of an entire agreement clause ... Read More »

Preliminary relief proceedings

Preliminary relief proceedings

Civil proceedings (also called ‘proceedings on the merits’ or ‘substantive proceedings’) may take months, sometimes even years, before judgment is given. Some matters, however, require short-term measures. For example, if a work strike is announced and the company wants to ban this strike, if a ban on publication of certain ... Read More »

KitKat bar denied trademark

KitKat bar denied trademark

KitKat applied to register the shape of its product as a mark but was refused on account of the ‘nature of the product’ and a ‘technical result’. According to the officer who processed the mark registration application, the three distinctive features are: firstly, the rectangular slab shape, secondly, the presence, ... Read More »

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s financial fair play rules: prohibited restriction of competition?

UEFA’s Financial Fair Play rules (FFP rules) require football clubs that have qualified for European football to, briefly put, not spend more money than they bring in, over a reference period of three years, (the break-even requirement). This is UEFA’s attempt to clamp down on debt-laden clubs – whether or ... Read More »

The Commission takes action against geoblocking

The Commission takes action against geoblocking

One of the essential characteristics of the European Union is the internal market, where the free movement of persons, goods and services is a priority. Among other things, the European Commission supervises the internal market and takes action against infringements of the aforementioned freedoms. In my earlier article European Commission: ... Read More »

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