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On 24 November, the European Court of Justice (ECJ) issued its long-awaited judgment in the “Wikingerhof” case (ref. C-59/19), which had had the German hotel industry on tenterhooks. Although the name might suggest it had something to do with Vikings, the case was actually about the market power of foreign booking portals. The ECJ concluded that hoteliers may in future enforce their legal claims against these portals in their home country.
Image: Unsplash
What was the case about?
Like so many other hotels, the Hotel Wikingerhof, located in the far northern reaches of Germany, concluded a contract with the Dutch company Booking.com BV to act as an intermediary for room bookings. As usual, the contract came from Booking.com, whose general terms and conditions (GTC) were part of the contract. According to Booking.com’s GTC, the courts of Amsterdam have exclusive territorial jurisdiction to hear disputes arising from
Top German court rules war crimes committed abroad can be tried in Germany
The Federal Court of Justice has ruled foreign soldiers are not protected from prosecution for war crimes in Germany. The ruling could have wide-ranging implications for ongoing war crimes trials in the country.
The ruling could have implications for ongoing war crimes trials, including one involving former Syrian secret police
Judges from Germany s Federal Court of Justice (BGH) on Thursday ruled that courts in the country can continue to hear cases about abuses of international law committed outside of Germany.
In a landmark decision, the court ruled that foreign soldiers are not protected from prosecution for war crimes in Germany and that they cannot invoke a right to immunity.
December 15 2020
When we look back on 2020, we will remember a year like no other. As COVID-19 dominated lives and the US presidency battle became ugly, people watched with a mixture of fear, horror and disbelief.
But as we head towards 2021, there may be light at the end of the tunnel. Each day brings fresh hope of a vaccine being rolled out soon, while Joe Biden is readying for the White House despite the best delaying efforts of Donald Trump.
Although these may be many people s chief memories, we wanted to recap on how 2020 reshaped IP. Read on to find out more.
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Germany s Federal Court of Justice has ruled that YouTube does not have to hand over the email or IP addresses of users who uploaded pirated movies to the platform. The decision is part of a long-running case that saw three YouTube users upload Scary Movie 5 and Parker to the site resulting in thousands of views in breach of copyright.
With more than two billion logged-in users every month, YouTube is the world’s most dominant video platform. Every day people watch over a billion hours of videos, together generating billions of views.
Over the past five years, YouTube has paid out over $2 billion to partners who utilize the company’s Content ID system to utilize otherwise infringing uploads but some companies prefer to tackle alleged infringement through legal action and the courts instead.
YouTube does not have to divulge exact details of users who illegally upload movies under pseudonyms. A German company had sought the email and IP addresses and telephone numbers to trace three users.