Litigation

Good prior advice helps avoiding litigation. Our counselling services are built on our longstanding experience in litigation and our ripened assessment of the legal situation. Should litigation become unavoidable, one needs to take the proper strategic measures.

We represent our clients in all courts, particularly when it comes to unfair competition and public law, be it as claimants or defendants. As far as our focus areas of practice are concerned, we also assume the defence in statutory/ criminal offence proceedings, if necessary with the help of criminal law specialists.

Below is a list of some of the court decisions our lawyers obtained for our clients:

1. European Court of Justice, judgement from 19 January 2017, Az. C-282/15, „Queisser Pharma GmbH & Co. KG/Bundesrepublik Deutschland“: enrichment of foods – unlawful national prohibitions
   to the judgement...
2. European Court of Justice,judgement from 3 September 2015, Az. C-321/14, „Colena AG/Karnevalservice Bastian GmbH“: Non-corrective colour contact lenses featuring designs — Statement on the outer packaging describing the product in question as a cosmetic product.
   to the judgement...
3. Bundesgerichtshof (Federal Court of Justice, judgement from 26 February 2014, ref. I ZR 178/12 – „Praebiotik ®“: trademarks as unauthorised health claims for baby food.
4. European Court of Justice, judgement from 3 July 2012, ref.: C-128/11 – „usedSoft“: distribution of second-hand software licences via internet downloads
   to the judgement...
5. Hanseatisches Oberlandesgericht Hamburg (Hamburg Court of Appeals), judgement from 1 March 2012, ref.: 3 U 160/10: health claims for baby food („Praebiotik® + Probiotik®“)
   to the judgement...
6. Bundesverwaltungsgericht (Federal Administrative Court), judgement from 1 March 2012, ref. 3 C 15.11: glucosamine and chondroitin as characteristic and common ingredients of foodstuffs
   to the judgement...
7. Bundesgerichtshof, judgement from 12 January 2012, ref.: I ZR 211/10: Admissibility of a discount system for pharmaceuticals procurement from abroad ("Apotheken-Pick-Up")
   to the judgement...
8. Hanseatisches Oberlandesgericht Hamburg, decision from 2 November 2011, ref.: 5 W 115/11: unconstitutionality of referral to another chamber debating on the merits
   to the judgement...
9. Oberlandesgericht München (Munich Court of Appeals), judgement from 29 July 2010, ref.: 29 U 5013/09: Admissibility under trademark law of import of pharmaceuticals branded with "H 15 Gufic"
   to the judgement...
10. Bundesgerichtshof, judgement from 15 July 2010, ref.: I ZR 123/09: glucosamine sulphate – subjecting nutritional substances to the possibility of authorization contrary to EU-law
    to the judgement...
11. European Court of Justice, judgement from 8 November 2007, ref.: C-143/06: ECJ – "Ludwigs-Apotheke": Adistribution of price lists for individual importation of pharmaceuticals (§ 8 HWG)
    to the judgement...

References

The competence and expertise of our law firm and our lawyers is also documented by several awards and achievements