Liability of the platform operator for breach of labeling obligations
OLG Frankfurt, Decision from 21.12.2023, 6 U 154/22 –Liability of the platform operator for breach of labeling obligations. Several sellers have offered a soy drink on the Amazon sales platform and illegally referred to it as "soy milk". The Higher Regional Court of Frankfurt confirmed the first-instance judgment of the Regional Court of Frankfurt and stated that a platform operator has a duty of review. The prerequisite for liability under the UWG is the [...]
Request for a preliminary ruling on cross-border healthcare
Supreme Court, 4 Ob 20/23d, Request for a preliminary ruling from 25.1.2024 – Cross-border healthcare. A lawsuit brought by the Austrian Dental Association against a dentist in Austria leads to extensive questions in the context of a request for preliminary ruling by the Austrian Supreme Court to the ECJ: The Austrian Chamber of Dentists sought an interim injunction to prohibit the Austrian dentist from directly or indirectly participating in dental activities performed in Austria by foreign companies [...]
Legality of online sales of non-prescription medicines: status of a pharmacist required?
CJEU, judgment of 29.2.2024, C-606/21 - Legality of online sales of non-prescription medicinal products: status of a pharmacist required? The CJEU recently had to deal with the exciting question of the extent to which suppliers who do not have the status of pharmacist may still offer over-the-counter medicines for sale online. The Paris Court of Appeal suspended the main proceedings and referred questions to the Court for a preliminary ruling. [...]
Misleading "organic" claim for cosmetic products
LVwG Lower Austria from 13.11.2023, LVwG-S-1656/001-2023 - Misleading "organic" claim for cosmetic products. A cosmetic product was placed on the market in an eye-catching manner on the front of the cardboard packaging in the same field of vision as the product name with the indication "organic" with 2 leaves and a circular text in small letters "with valuable active ingredients from nature". The front of the product [...]