All posts by: lawpoint Rechtsanwälte
Misleading health-related advertising for a medical product
OLG Hamm, judgment of 21.4.2022, 4 U 39/22 - Misleading health-related advertising for a medical product. The so-called "strict principle" is applied to protect consumers not only in health-related advertising for pharmaceutical products, but also when medical products, which only have a physical effect and are not absorbed by the body (here: a wound dressing for absorbing and binding wound exudate), [...]
Share for overtime and extra hours in all-in salary is suspended during parental part-time leave
Decision of the Vienna Higher Regional Court of 17.12.2021, 9 Ra 92/21x - Share for overtime and extra hours in all-in salary is suspended during parental part-time work. The decision of the Supreme Court is pending on the following facts, which the first and second instance have so far decided as follows: Since 2016, the plaintiff has been employed as a bank employee at the defendant company with 38.5 [...].
Questions of interpretation on the Novel Food Regulation - Topic Spermidine
Reference for a preliminary ruling from the LG Graz, Case C-141/22 - Questions of interpretation of the Novel Food Regulation / Subject Spermidine. The case concerns a food supplement containing spermidine, in which during the production of the product buckwheat seeds germinate into sprouts in a nutrient solution containing synthetic spermidine as hydroponics. After harvesting, the sprout is washed with water, dried and ground into sprout meal. Through [...]
Regulation on limits of monacolins from red mold rice published
Regulation (EU) 2022/860 - Regulation on limit quantities of monacolins from red mold rice published. On 01.06.2022, Regulation (EU) 2022/860 amending Annex III to Regulation (EC) 1925/2006 was supplemented, and maximum quantities for monacolins from red mold rice were introduced. The regulation was long-awaited, the question of transition periods and the validity only for the production or also for [...]
UKRAINE: Guideline für a humanitarian stay in Austria
As already announced on Facebook and LinkedIn, lawpoint has developed a guide for a humanitarian stay in Austria together with a Ukrainian law firm. You can find this guide here in Ukrainian and English: Humanitarian stay Ukraine-en-ua
Consumer can claim damages due to misleading advertising
Decision of the Supreme Court from 16.12.2021, 4 Ob 49/21s - Consumer can claim damages due to misleading advertising. In competition law, it is common for the injured competitor to be able to claim damages from the unfairly acting competitor. In its decision 4 Ob 53/98t, the Supreme Court affirmed for the first (and so far only) time that a consumer who has suffered financial loss as a result of an anti-competitive act [...]
Draft amendment of the Food Safety and Consumer Protection Act (LMSVG)
A draft amendment to the LMSVG is currently being discussed in parliament. Although the self-proclaimed purpose of the amendment is to bring it into line with EU regulations, there are also some changes that go beyond this. The expansion of the list of measures in Section 39 LMSVG is particularly noteworthy. If the authority identifies a violation of food law regulations, the measures specified in [...]
Novel Food: New entries into the Union list
Three new novel food entries have been made in the Union list: The dried fruits of Synsapalum dulcificum, Implementing Regulation (EU) 2017/2470 Frozen, dried and powdered Locusta migratoria, Implementing Regulation (EU) 2017/2470 3-Fucosyllactose (3-FL), Implementing Regulation (EU) 2017/2470 You can find the complete Union list here: List of all authorized novel foods (It is recommended to open the consolidated Union list, therefore [...]