Published on: 10 October 2024
Published by a LexisNexis Information Law expert
Both the claimant and the defendant in the principal proceedings operate pharmacies. The defendant additionally possesses a mail-order licence and promotes its product range, including medicines restricted to pharmacy supply, on the Amazon Marketplace platform, which permits sellers to offer goods straight to consumers.
The claimant applied for an injunction to stop the defendant from distributing pharmacy-only pharmaceuticals through that online marketplace. In the claimant’s view, this mode of sale constitutes an unfair commercial practice, as it breaches a statutory provision within the meaning of Section 3a of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb, or UWG).
The District Court upheld the action. The Higher Regional Court dismissed the defendant’s appeal, holding that selling pharmacy-only medicines via Amazon Marketplace contravenes the UWG because this method of distribution entails processing health data within the scope of Article 9(1) of the EU GDPR, without customers having given explicit consent. The Higher Regional Court further considered the EU GDPR’s provisions to amount to market conduct rules for the purposes of national competition law, with the result that the...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...