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| | N° 2002/5 |
 | | The Bundesgerichtshof is also uncertain whether, if it were to uphold the order for enforcement, it may, or must, maintain the financial penalty which the Landgericht Koblenz, on the basis of German law, attached to the order of the Tribunale di Bari in case the latter order was not enforced. | | | The Bundesgerichtshof states that, if those decisions are irreconcilable, the court of the State in which enforcement is sought should nevertheless have the power to disapply Article 27(3) of the Brussels Convention if it considers that, from the point of view of that State, the divergence is not sufficiently significant. | | | Where a court of the State in which recognition is sought finds that a judgment of a court of another Contracting State is irreconcilable with a judgment given by a court of the former State in a dispute between the same parties, it is required to refuse to recognise the foreign judgment. |
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http://curia.eu.int/common/recdoc/convention/gemdoc2002/html/c8000/8000-u-en.htm
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| | International Law In Brief - March 18-31, 2000 |
| | The Bundesgerichtshof held that the actions of the accused were illegal and unjustified under both GDR border law and the doctrine of State Practice. | | | The Bundesgerichtshof rejected the State Attorney's appeal of the sentence, finding the sentence to have been within the discretion of the trial court. | | | The Bundesgerichtshof found that while the shooting of refugees was "legal" and even sanctioned under GDR law, such legal doctrines could serve as neither justification nor excuse for manslaughter. |
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http://www.asil.org/ilib/ilib0307.htm
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| | Bundesgerichtshof 15 November 1983, BGHZ 89, 60 (loss of use of speedboat) |
| | Decisions of the Federal Court of Justice (Bundesgerichtshof) | | | In cases concerning the loss of use of a motor car the Bundesgerichtshof has developed certain tests in order to decide whether a harm is economic or not. | | | The strict test has led the Bundesgerichtshof on several occasions to deny compensation for loss of use of property other than motor cars (BGHZ 63, 393 - fur coat; 76, 179 - private swimming pool; 86, 128 - caravan). |
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http://www.iuscomp.org/gla/judgments/tgcm/z831115.htm
(840 words)
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| | German Law Cases : Institute of Global Law |
| | For this reason the Bundesgerichtshof did not dispute the prohibition on dissemination of photos from the garden café which are admittedly a subject of the decisions challenged, but not of the constitutional complaint. | | | The Bundesgerichtshof quashed the judgment of the Oberlandesgericht in part, and revised the judgment of the Landgericht in part, so that the defendant in the original proceedings was ordered to refrain from fresh publication of the photographs printed in the magazine "Freizeit Revue" with the picture of the complainant. | | | The decision of the Bundesgerichtshof in relation to those photographs which show the complainant on her way to the market, with a bodyguard at the market and with a companion in a well patronised café gives no cause for objection by the Constitutional Court. |
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http://www.ucl.ac.uk/laws/global_law/german-cases/cases_bverg.shtml?15dec1999
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| | Translated German Cases Institute of Global Law, UCL |
| | According to a constant practice of the Bundesgerichtshof, maintained until now in the face of attacks by some writers [references], no claims in tort are allowed by the law in force in cases of ‘intrusion of a marriage’ either against the guilty spouse or against the intruding third party. | | | The plaintiff was wrong in referring to the practice of the Bundesgerichtshof according to which a person whose right of personality had been injured can in certain circumstances demand pecuniary damages as compensation for his non-pecuniary damage. | | | German Law Translated Cases from the Bundesgerichtshof (Federal Court of Justice) |
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http://ucl.ac.uk/laws/global_law/german-cases/print_bundes.shtml?22feb1973
(1501 words)
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| | Personality Database |
| | The *Bundesgerichtshof as supreme court in civil matters granted it, holding that *Art. | | | The Bundesgerichtshof upheld the approach developed in the *Fuchsberger case: the concept of unjustified enrichment, as expressed in *§812 German Civil Code, entitles the owner of personality rights to claims against commercialisation without a licence. | | | Decision and Reasoning: The Case for the Bundesgerichtshof was straightforward. |
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http://www.law.ed.ac.uk/ahrb/personality/gercases.asp
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| | www.prinzlaw.com - Focused on Solutions |
| | Charlotte Casiraghi succeeds at the Federal Court of Appeal (Bundesgerichtshof) in Karlsruhe. | | | Charlotte Casiraghi succeeds at the Federal Court of Appeal (Bundesgerichtshof) in Karlsruhe | | | The Federal Court of Appeals (Bundesgerichtshof) has decided today a case in favour of Princess Alexandra of Hanover. |
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http://www.prinzlaw.com/actual_news2.htm
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| | Conclusions |
| | In particular, the Bundesgerichtshof asks whether a specific contractual term at issue in the main proceedings is to be regarded as being unfair within the meaning of Article 3(1) of the Directive. | | | In this case the Bundesgerichtshof (Federal Court of Justice) has referred a question on the interpretation of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, (2) hereinafter referred to as 'the Directive'. | | | IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice. |
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http://curia.eu.int/jurisp/cgi-bin/gettext.pl?lang=en&num=79969074C19020237&doc=T&ouvert=T&seance=CONCL
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| | The German Border Guard Cases and International Human Rights |
| | Apparently the main concern of the Bundesgerichtshof was not to find the proof of `hard' international law but rather evidence of a common conviction about basic elements of justice which could be considered as forming a `higher law' prevailing over the domestic laws and administrative rules of the GDR. | | | The Court concluded that a national law which allowed the escape of an unarmed fugitive to be prevented at the cost of the person's life, in contradiction to the Covenant, was null and void and could not be invoked by the defendant. | | | In the opinion of the Bundesgerichtshof these principles were not meant to cover the relationship between a state and its citizens, in contrast to interstate relations. |
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http://www.ejil.org/journal/Vol9/No3/art6-02.html
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| | Germany 3 November 1999 Supreme Court [translation available] |
| | With this decision the Bundesgerichtshof has established a sensible alleviation of the notice requirements that also accords with the line of cases from the 7th Senate on defective performance in service contracts. | | | The Bundesgerichtshof, on the other hand, had in a 1982 decision already warned against making the requirements for substantiating a lack of conformity overly strict, because otherwise the risk of defective contract performance would be largely assigned to the buyer. | | | *** Translator's notes: BGHZ = Die amtliche Sammlung der Entscheidungen des Bundesgerichtshofes in Zivilsachen [Official Reporter of Decisions of the German Federal Court of Justice in Civil Matters]; LG = Landesgericht [District (trial) Court]; OLG = Oberlandesgericht [Higher Regional Court, a Court of Appeals]. |
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http://www.cisg.law.pace.edu/cases/991103g1.html
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| | MÜLHEIM KÄHRLICH: PROFIT WITHOUT PRODUCTION |
| | According to the Bundesgerichtshof, RWE already knew in 1975 that the license was not worth the paper it was written on. | | | On January 16, the Bundesgerichtshof, the federal court of Germany, decided that RWE, the operator of the nuclear power plant in Mülheim-Kährlich, has the right to sue the state government. | | | But for the second license in 1977, the court agreed with RWE. |
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http://www10.antenna.nl/wise/466/4632.html
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| | Bundesgerichtshof, Judgment of 7 January 1971 |
| | Decisions of the Federal Court of Justice (Bundesgerichtshof) | | | Reproduced by permission of Oxford University Press.The contents of this page may be downloaded and printed out in single copies for individual use only. | | | Bundesgerichtshof (Seventh Civil Senate) 7 January 1971, NJW 1971, 609 |
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http://www.iuscomp.org/gla/judgments/bgh/z710107.htm
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| | International Trademark Association |
| | In the cases at issue, which were references to the ECJ by the German Bundesgerichtshof, the three-dimensional trademarks in question were a certain forklift, a pocket lamp/torch and a particular wristwatch. | | | In this decision, the Court held that with respect to three-dimensional shapes of product trademarks, the criteria of Article 3(1) of the first EC-Trademark Directive of 1988 must not be applied in a stricter way than with respect to other types of trademarks. | | | This case has been long awaited in Germany due to the differences in opinion regarding this question between the German Patent and Trademark Office, the German Patent Court and the Bundesgerichtshof. |
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http://www.inta.org/membersonly/bulletin/A.asp?I=99&S=59
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| | OAMI-ONLINE - CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES |
| | The court considered that in the circumstances of the case that condition was not satisfied. | | | In the light of those considerations the Bundesgerichtshof stayed the proceedings and referred the following question to the Court of Justice for a preliminary ruling: | | | There is a likelihood of confusion within the meaning of Article 4(1)(b) of the Directive where the public can be mistaken as to the origin of the goods or services in question. |
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http://oami.eu.int/EN/office/diff/textes/juris.htm
(1427 words)
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| | German Hate Law: No Denying It [Free Republic] |
| | The court, called the Bundesgerichtshof, issued a ruling on Tuesday that overturned a lower court ruling, and found that German law applies even to foreigners who post content on the Web in other countries -- so long as that content can be accessed by people inside of Germany. | | | He said he will contact Germany's highest court on Monday morning and invite someone from the court for a debate before Germany's legislature on the ruling - and how it should be applied in the future. | | | Like the French court ruling about a month ago which forbade the American company Yahoo from selling Nazi artifacts, I wonder how they intend to enforce this. |
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http://www.freerepublic.com/forum/a3a3db4dc5d5c.htm
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| | Footnotes |
| | Applying the two-step analysis, the Bundesgerichtshof reversed the appellate court's decision. | | | The Bundesgerichtshof, however, stated that length should not be a consideration. | | | It remains unclear how the "nucleus of an invention" can be defined and distinguished from "the invention as a whole," but the term nonetheless conveys the highly restrictive approach of the Court. |
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http://law.berkeley.edu/journals/btlj/articles/vol4/Loewenheim/html/note.html
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| | RETURN / eBay Users to Provide Right of Return (German American Law Journal :: American Edition) |
| | The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3, 2004, that purchasers of goods... | | | The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3, 2004, that purchasers of goods on the eBay website have the right to return goods purchased on the site during the statutory 14 day period after the sale. | | | The court ruled that a purchase made from a business via the internet is similar in nature to a Fernabsatzvertrag, a contract for goods sold from a distance. |
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http://www.jurablogs.com/meldungen/2004/11/04/3508
(420 words)
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| | dictionary - Court of Appeals |
| | In Germany, with civil and criminal cases, the highest court in a hierarchy of appellate courts is the Bundesgerichtshof. | | | The Bundesgerichtshof is distinct from the Federal Constitutional Court of Germany, which only performs judicial review, although both courts are located in Karlsruhe. | | | See also: Appeals court, List of legal topics |
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http://www.medicalrace.com/dictionary/Court_of_Appeals
(491 words)
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| | Vanderbilt Journal of Transnational Law: Phantom menace or new hope: member state public tort liability after the ... |
| | Phantom menace or new hope: member state public tort liability after the double-bladed light saber duel between the European Court of Justice and the German Bundesgerichtshof in Brasserie du Pecheur. | | | Vanderbilt Journal of Transnational Law: Phantom menace or new hope: member state public tort liability after the double-bladed light saber duel between the European Court of Justice and the German Bundesgerichtshof in Brasserie du Pecheur.@ HighBeam Research |
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http://www.highbeam.com/library/doc0.asp?DOCID=1G1:62088275&refid=holomed_1
(270 words)
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| | American Law and German Law |
| | From this, the Court concluded that although the publications concerned were placed on a foreign web server by a foreigner, the criminal act of inciting the public had nevertheless consequences in Germany, since the publications and their contents were available to the German public. | | | The lower court sentenced him to 10 months of imprisonment for offending the memory of the deceased, but found that the German laws on Nazi propaganda could not be applied to electronic publications on the internet because the web server on which the publications were accessible was located in Australia. | | | The Bundesgerichtshof overturned the decision by applying paragraph 9, section 1 of the German Criminal Code concerning the locus delicti, which states that the places where the consequences of a criminal act have taken effect are also considered to be part of the locus delicti. |
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http://www.amlaw.us/scheirs0.shtml
(501 words)
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| | Online Encyclopedia and Dictionary - Siegfried Buback |
| | Siegfried Buback (January 3, 1920 – April 7, 1977) was the chief federal prosecutor from 1974-1977 for the Bundesgerichtshof, the highest court of appeals in Germany. | | | He decidedly opposed the Red Army Faction during his term and became the first victim of the "German Autumn"; along with his driver, Wolfgang Göbel, and a judicial officer, Georg Wurster, he was shot by members of RAF while travelling from his home in Neureut to the Bundesgerichthof in Karlsruhe. |
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http://fact-archive.com/encyclopedia/Siegfried_Buback
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| | PLEADING / Pleading Jurisdictional Defects (German American Law Journal :: American Edition) |
| | In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe decided on June 1, 2005 that a motion to dismiss for lack of local jurisdiction should be construed to incorporate a motion to dismiss for lack of international jurisdiction. | | | The decision in the matter VII ZR 256/04, published at recht-in.de involves a contract for payment for goods sold by a German manufacturer to a Belgian distributor. | | | In a victory for foreign plaintiffs, the eighth civil division of the Federal Supreme Court, Bundesgerichtshof, in Karlsruhe d... |
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http://www.jurablogs.com/meldungen/2005/08/22/18868
(423 words)
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| | Federal Court of Justice of Germany - Wikipedia, the free encyclopedia |
| | The Bundesgerichtshof or BGH (German for federal court) is the highest appeals court in Germany for cases of civil and criminal law. | | | This page was last modified 19:46, 10 July 2005. | | | The Bundesgerichtshof was established in 1950 and is situated in Karlsruhe. |
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http://en.wikipedia.org/wiki/Federal_Court_of_Justice_of_Germany
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| | Trial Watch - Nikola Jorgic |
| | Jorgic appealed to the German Constitutional Court, which however declined to rule on the issue (case no. 2 BvR 1290/99 12.12.2000). | | | The Court further confirmed the lower instance’s finding that the accused’s guilt weighed particulary heavy — which forestalls an early release after 15 years. | | | The Bundesgerichtshof also stated that genocide, according to the genocide convention of November 9, 1948 (which Germany has ratified), was a crime that could legaly be prosecuted by all states. |
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http://www.trial-ch.org/trialwatch/profiles/en/legalprocedures/p283.html
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| | Press release : Best-Lock Europe LTD CompanynewsGroup |
| | Montreal-based Mega Bloks Inc. was quick to release a mega-spinon its position regarding the ruling, and garnered media attentionlast week for a case in which it played no active role but for whichit will derive benefit. | | | A claim for damages forpreventing Best-Lock to enter the German market for the past fiveyears is currently being prepared by its COO Ali Beyazbayrak andBest-Lock's lawyers | | | "We began this battle for our rights six years ago and are pleasedwith the outcome by the Bundesgerichtshof," says Torsten Geller,Best-Lock's CEO. |
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http://www.companynewsgroup.com/communique.asp?co_id=95909
(324 words)
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| | Case translations by Alston & Bird |
| | Oberster Gerichtshof [Supreme Court of Austria] 19 May 1999 [translation available] | | | Oberlandesgericht [German Appellate Court] Stuttgart 21 August 1995 [translation available] | | | Bundesgerichtshof [Federal Supreme Court of Germany] 8 March 1995 [translation available] |
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http://www.cisg.law.pace.edu/cisg/Alston-Bird.html
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| | Bundesgerichtshof (German federal supreme court) - definition of Bundesgerichtshof (German federal supreme court) by ... |
| | Bundesgerichtshof (German federal supreme court) is not available in the general English dictionary and thesaurus. | | | Bundesgerichtshof (German federal supreme court) - definition of Bundesgerichtshof (German federal supreme court) by the Free Online Dictionary, Thesaurus and Encyclopedia. | | | This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. |
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http://thefreedictionary.com/Bundesgerichtshof+(German+federal+supreme+court)
(96 words)
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| | IPKat - fishing for IP stories for YOU |
| | The March 2005 issue of Sweet and Maxwell's European Copyright and Design Reports contains seven cases, several being available for the first time in English. | | | * Paperboy (Bundesgerichtshof, Germany): another case dealing with the legality under copyright and database right of a website providing a news service that links through to copyright-protected third party web pages; | | | * Bild-Kunst v Focus (Bundesgerichtshof, Germany): on whether the parodic use of a typically German representation of an eagle is permitted; |
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http://ipkitten.blogspot.com/2005/03/latest-copyright-cases-from-ecdr.html
(238 words)
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| | German Law Journal - The Use of the Shell of a Limited Liability Company |
| | Though the slogan like operating argument is unconvincing the courts and lawyers will nevertheless have to obey the decision. | | | This may be changed after the Bundesgerichtshof's (Federal Court of Justice) decision of Dec. 9 th., 2002. | | | According to the Bundesgerichtshof's decision the foundation of the company is only finalized after the registration of the amendments to the articles. |
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http://www.germanlawjournal.com/print.php?id=268
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| | DENIC eG - Press Releases (Print Version) |
| | Bundesgerichtshof decides in favour of the.de registry in the "kurt-biedenkopf.de" case | | | The former minister-president of the German federal state of Saxony, Kurt Biedenkopf, has lost his case before the German Supreme Court (the "Bundesgerichtshof"). | | | In its judgement, for which the written reasoning has not yet been made public, the German Supreme Court has definitively turned down Biedenkopf's request, following the line it had already established in its "ambiente.de" judgement. |
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http://www.denic.de/en_1/denic/presse/press_54.html
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| | German court sets October date for appeals in Mannesmann affair |
| | The court has set aside two days, October 20 and 21, for appeal hearings in the case, in which top-ranking corporate executives, including Deutsche Bank chief Josef Ackermann, were originally acquitted last July, the newspaper said, quoting legal sources in Karlsruhe, home of the Bundesgerichtshof. | | | The Federal Supreme Court or Bundesgerichtshof has set two dates in October to hear state prosecutors' appeals in the long-running Mannesmann case, the Sueddeutsche Zeitung reported. | | | The Federal Supreme Court or Bundesgerichtshof has set two dates in October to hear state prosecutors' appeals in the long-running Mannesmann case |
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http://www.turkishpress.com/news.asp?id=61470
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| | B |
| | The court emphasized that generally all products within the software design circle may be protected by copyright, either as a literary work (Sec. | | | Decision of Bundesgerichtshof of May 9, 1985, 1986 IIC 681 | | | Decision of Bundesgerichtshof of May 9, 1985, 1986 IIC 681 - "Inkassoprogramm" |
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http://fgr.wu-wien.ac.at/institut/PR/Informationsrecht/Rechtsinformationen/CLectures/part2.htm
(1792 words)
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| | The German Border Guard Cases and International Human Rights |
| | Thus, where a state seriously disregards basic human rights generally recognized by the international legal community, the rules of criminal law neglecting such standards could not legitimately be expected to be considered valid under the Grundgesetz. | | | This argument is not convincing because it is established in the case law of the Bundesverfassungsgericht that constitutional provisions should be interpreted in the light of the human rights treaties to which Germany is a party. | | | The Court began by considering the idea underlying the rule of non-retroactivity, namely, that a person should be protected in his or her legitimate expectation that his or her activities could only be prosecuted as criminal offences if this was provided for by law at the time the activities occurred. |
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http://www.ejil.org/journal/Vol9/No3/art6-03.html
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| | CyberJournalist.net: Deep linking legal, German court says |
| | A German federal court has ruled that deep linking to articles on public news Web sites in Germany is legal, Poynter's Katja Riefler reports. | | | The Bundesgerichtshof, Federal Supreme Court dismissed a case of Georg von Holtzbrinck's newspaper company against the news search engine Paperboy. | | | Due to the pending lawsuit, Paperboy was forced to temporarily shut down its services. |
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http://www.cyberjournalist.net/news/000552_print.php
(91 words)
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| | German court says OK to unbundling |
| | BERLIN -- GERMANY'S highest court on civil matters, the Bundesgerichtshof, has ruled that Microsoft cannot prevent dealers from unbundling its OEM software and selling it separately. | | | Create enterprise dashboards using any existing BI data. |
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http://www.infoworld.com/articles/hn/xml/00/07/07/000707hnunbundle.html
(757 words)
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| | Der Generalbundesanwalt beim Bundesgerichtshof - |
| | Die aktuellen Pressemitteilungen des Generalbundesanwalts können im Internet auch unter | | | Oberstaatsanwältin beim Bundesgerichtshof Frauke-Katrin Scheuten, Pressesprecherin am 30.08.2002 |
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http://www.it4m.net/7ecb/061/news/index.php?Artikel=84
(910 words)
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| | Thank you, Bundesgerichtshof by Heiko Hebig hebig.com |
| | The German Bundesgerichtshof (federal court) ruled that deep linking is an acceptable practice. | | | July 2003 at 07:51 PM The German Bundesgerichtshof (federal court) ruled that deep linking is an acceptable practice. | | | While I have been affiliated with various Internet consultancies and software companies, opinion expressed here is strictly private. |
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http://www.hebig.com/archives/001228.shtml
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| | News |
| | In this decision, the Federal German Supreme Court (Bundesgerichtshof) further elaborated on the question of registrability of German trademarks with respect to their distinctive character and/or possible descriptiveness. |
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http://www.grunecker.de/files/ipinformation/40117.shtml
(141 words)
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| | bar association, industrial property, constitutional law, legal research, colegio de abogados, anwaltsverein, ... |
| | bar association, industrial property, constitutional law, legal research, colegio de abogados, anwaltsverein, anwaltskammer, bundesgerichtshof, Georgia, Germany, Gibraltar, Greece, Guatemala, Lawyers, Law Firms, Attorneys, Lawyer directory |
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http://www.icl-directory.com/html/nationalorganizationsg.html
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| | Conversion of preferred into ordinary shares: Bundesgerichtshof decides in favour of METRO AG |
| | Conversion of preferred into ordinary shares: Bundesgerichtshof decides in favour of METRO AG On 3 November 2003, Bundesgerichtshof (Federal Supreme Court) has decided in favour of METRO AG to dismiss the appeal against the judgement of the Oberlandesgericht (Higher Regional Court) dated 20 September 2001. | | | Therewith the actions for avoidance against the resolution of the conversion of preferred into ordinary shares passed by the ordinary Stockholders’ Meeting of METRO AG on 4 July 2000 have been terminated. | | | The depository bank will inform the shareholders about the change of the security identification number. |
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http://www.metrogroup.ru/servlet/PB/menu/1006848_l2
(156 words)
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| | [Possibilities for avoiding homologous blood transfusion in surgical interventions] |
| | Actually a decision of our federal constitutional court (Bundesgerichtshof) outlined the medicolegal importance of autologous blood transfusion concepts. | | | Alternative techniques to reduce the need for homologous blood transfusions are clinically available for several years. | | | Pre-operative donation of red cells and/or plasma, acute normovolemic hemodilution, and intraoperative blood salvage and retransfusion will be discussed in terms of effectiveness, advantages, indications, and contraindications. |
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http://www.aegis.com/aidsline/1993/feb/M9320309.html
(338 words)
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| | The Great Change: Turning Cathy into a Lawyer: Good call on deep linking |
| | BlueWonder writes "German news site Heise Online reports a recent decision of the Bundesgerichtshof, the highest court in Germany: Deep linking is not illegal. | | | The Great Change: Turning Cathy into a Lawyer | | | According to the Bundesgerichtshof, the public interest in a well-working Internet takes precedence over the commercial interests of the newspaper company, even if the advertizing of the company is bypassed. |
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http://www.cathygellis.com/mt/archives/000045.html
(265 words)
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