Permissible inspection of the employee's e-mail account in case of a justified interest

by in Labor Law
Decision of the Supreme Court from the 28th of June 2023, 6 ObA 1/22y: Permissible inspection of the employee's email account in case of a justified interest. The Supreme Court recently confirmed the decisions of the lower courts, according to which the inspection of employees' work email accounts is lawful if the balancing of interests between the interests and fundamental rights of the employee and the legitimate interests of the employer shows [...]

Buckwheat germ flour with a high spermidine content, a novel food?

by in Life Sciences
CJEU from 25.05.2023, RS C-141/22 – Buckwheat germ flour with a high spermidine content, a novel food? The CJEU recently received a request for a preliminary ruling on the interpretation of Article 3(2)(a)(iv) and (vii) of Regulation (EU) 2015/2283. The referring court wanted to know whether a foodstuff such as buckwheat germ flour with a high spermidine content constitutes a "novel food" within the meaning of [...]

FSMP: ECJ on nutrient requirements. End in sight?

by in Life Sciences
On 27.202022 the long-awaited decision of the ECJ on the questions referred by the OLG Düsseldorf appeared (ECJ C-418/21, 27.10.2022). In summary, the OLG Düsseldorf sought to understand what is to be understood by other medically related nutritional needs under Art 2(2)(g) of Regulation No 609/2013, specifically whether this justifies a broad understanding, as this [...]

Unacceptable health claims for the reduction of skin wrinkles

by in Life Sciences
OLG Stuttgart, judgment from 04.11.2021, 2 U 49/21 - Inadmissible health claims on the reduction of skin wrinkles. Statements on the reduction of skin wrinkles in the advertising of a foodstuff are to be classified as specific health claims within the meaning of Art. 10 of Regulation (EC) No. 1924/2006 of the European Parliament and of the Council (so-called Health Claims Regulation) if the optical effect of a [...]