Paul Zschommler

The Higher Administrative Court of North Rhine-Westphalia has ruled that companies cannot themselves challenge the registration of qualified trade associations with the Federal Office of Justice in court. What does this mean for companies facing claims from organisations that issue warning letters?

Anyone who pays for sustainable aviation fuel when booking a flight might assume that it will be used on their own flight. In reality, the fuel may not be used until months later on a different flight. The Higher Regional Court of Cologne requires airlines to provide information about this in good time.

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In its judgment of 12 May 2026 – 4 UKl 3/25, the Higher Regional Court of Hamm ruled that the responses provided by a chatbot are to be attributed to its user as the user’s own conduct. If such responses breach competition law provisions, this therefore constitutes a separate breach of competition law by the user.

Advertising, brands, AI, public viewing: what is allowed? The 2026 FIFA World Cup offers companies plenty of opportunities for creative marketing campaigns, competitions, social media campaigns and public viewing events. At the same time, the legal boundaries are narrow: FIFA’s trademark rights, players’ personal rights, ambush marketing, AI-generated advertising and licensing issues relating to public viewing should be considered at an early stage. Our handout provides a concise overview of what is permitted in advertising in the context of the 2026 World Cup and where legal risks lie.

An electrical appliance retailer commissions Google to independently promote its products. In its judgment of 11 March 2026 – I ZR 28/25, the Federal Court of Justice (BGH) had to decide whether the electrical appliance manufacturer was liable for Google’s failure to correctly label energy efficiency classes, and ruled in the affirmative. In doing so, the court clearly highlighted the differences from its ‘Liability for Affiliates’ decision.

The warning association IDO has suffered its first serious setback before the BGH. Due to its lack of registration as a qualified trade association, the IDO can no longer enforce the judgements or injunctions it has obtained.

The value limit for advertising to the public with promotional gifts for medical products is €1. This was decided by the BGH in the case of a hearing care professional who advertised with a credit of PAYBACK points.

About the new EU guidelines for environmental advertising claims (green claims) and the associated legal requirements. The focus is on the EmpCo Directive, which introduces stricter rules for advertisers.