Autor: Vajk Varai-Jeges

Reclamación de indemnización de un franquiciado por analogía con el artículo 89b del HGB

It remains unresolved — as of early 2018 — whether franchisees may be entitled to compensation claims by analogy with section 89b HGB. In light of the court decisions handed down in recent years, there appears to be little room for such compensation claims. For example, in the case of an “anonymous mass-market business” conducted […]

Sistema de distribución frente a protección de datos

The EU General Data Protection Regulation is frequently discussed these days. The Regulation applies generally in relation to distribution systems and, exceptionally, also within franchise systems. It is already foreseeable that the Data Protection Regulation will lead to greater sensitivity in matters relating to data protection. The Regulation has been directly applicable since 25 May […]

Crear una empresa en Alemania: ¿qué aspectos hay que tener en cuenta?

Introduction Germany is the heart and core of the European economy. Companies of any type and size can flourish here and gain access to the European market, thanks not only to Germany’s excellent geographic location at the centre of Europe, but also to its legal system, which enables businesses to develop into strong and stable […]

Comprar una vivienda en Hungría como ciudadano alemán: lo que debes tener en cuenta

If you are planning to buy a house in Hungary as a German citizen, you are treated in the same way as Hungarian nationals as an EU citizen. This means that you may acquire non-agricultural real estate, including residential and commercial property. Legal entities established in Hungary may likewise acquire non-agricultural real estate without restriction […]

Cómo constituir tu empresa en Alemania**

Introduction Germany is not only at the geographic centre of Europe; it is also one of the key driving forces of the European Economic Area. It offers a favourable environment for companies of every type and size, providing opportunities for development, growth and long-term commercial success. This is due not only to Germany’s central location […]

Comprar una vivienda en Hungría: ¿qué aspectos hay que tener en cuenta?

The purchase and sale of real estate in Hungary represents a significant market today for citizens of European Union Member States and of states party to the Agreement on the European Economic Area, as they are able to acquire real estate in Hungary with almost no restrictions. Citizens of Member States may acquire land that […]

El derecho del franquiciado a una indemnización por analogía con el artículo 89b del Código de Comercio alemán

It remains an open question whether a franchisee is entitled to compensation under Section 89b of the German Commercial Code (HGB). Based on recent case law, the scope for applying this provision by analogy appears limited. The compensation claim of the franchisee of an unnamed large corporation was dismissed in its entirety (BGH VII ZR […]

Sistema de distribución frente a protección de datos

The EU General Data Protection Regulation is often discussed these days. The regulation applies generally in relation to distribution systems and, exceptionally, in franchise systems. It is already foreseeable that the data protection regulation will lead to a higher level of awareness regarding data protection. The regulation has been directly applicable since 25 May 2018. […]

Tribunal Supremo de Eslovenia: En caso de información insuficiente sobre los riesgos, un contrato de préstamo denominado en CHF es nulo.

Before Hungarian courts, loan agreements with exchange-rate-linked interest are regularly declared partially invalid. In many judgments of the Hungarian Supreme Court, however, risk disclosure is addressed only in a formal sense. For years, we have argued — in many cases successfully — that this approach is inappropriate. We also regularly emphasise that, under Directive 93/13/EEC, […]

Derecho de la competencia, con especial atención al comercio electrónico

One of the particularly interesting decisions of 2017 was undoubtedly the order of the Higher Regional Court of Düsseldorf (OLG Düsseldorf) of 5 April 2017 in the so-called “Asics” case. According to the court, in selective distribution systems a general prohibition imposed on dealers against using price comparison systems infringes antitrust law and is therefore […]