Repairing instead of replacing – How the European “Right to Repair” is changing German sales law

The landscape of German sales law is once again undergoing “restructuring”: At the EU level, Directive (EU) 2024/1799 on promoting the repair of goods establishes another building block of the “Right to Repair,” which is likely to have a comprehensive impact on German law. The goal is to make repairs more attractive than buying new...

Reading time: 5 min

Commercial and Distribution Law

Right to erasure of personal data in the Commercial Register

Since the entry into force of the DiRUG (Act implementing the Digitalisation Directive) and the DiREG (Act supplementing the provisions for the implementation of the Digitalisation Directive), the Commercial Register has been fully and freely accessible to the public in electronic form. The personal data stored there can thus be extracted and consolidated on a...

Reading time: 6 min

Data protection law

Commercial and Distribution Law

When does an agreement qualify as a “commercial agency agreement” (and why does that matter)?

Whether an agreement is a commercial agency agreement is determined by the actual content of the agreement. The name of the agreement is not relevant. Instead, the overall picture of the circumstances is decisive. This is the result of the judgement of the Higher Regional Court (OLG) Frankfurt am Main of 8 July 2025 (Case...

Reading time: 4 min

Commercial and Distribution Law

Attribution of fraudulent conduct by a testing company in the context of the conformity assessment procedure

If a manufacturer of personal protective equipment within the meaning of Article 3 of Regulation (EU) 2016/425 (PPE Regulation) engages a testing company as part of the conformity assessment procedure for its products, it must accept responsibility for any fraudulent conduct on the part of that testing company. This has been decided by the ruling...

Reading time: 3 min

Commercial and Distribution Law

Bundesgerichtshof judgment on copyright protection for Birkenstock sandals

The daily press has already reported on the Federal Court of Justice’s “Birkenstock sandals” decision (judgement of February 20, 2025, case no. I ZR 16/24). For example, the F.A.Z. wrote on February 20, 2025: “‘Birkenstock sandals are not works of art and therefore do not enjoy copyright protection’, decided the highest German civil judges.” Many...

Reading time: 4 min

Commercial and Distribution Law

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