New ECJ ruling: indication of intended use & precautions for use of cosmetic products
ECJ, Judgment of 17.12.2020, C-667/19 - Intended use of a cosmetic product and information on special precautions for use - Consumer language and product catalog The decision is based on the case of an owner of a Polish beauty salon who purchased American cosmetic products from a sales representative, on the packaging of which the intended use did not appear. Instead, there was a symbol depicting a [...]
No vacation consumption during agreed training period
OGH, judgment of 29.9.2020 - 9 ObA 69/20t During the consumption of the statutory vacation entitlement, the employee must be completely free to spend the vacation as he wishes. An agreement according to which a part of an agreed training period is credited against the statutory leave entitlement is invalid. In the case of an agreement on a granted training period, no leave may be used up for this purpose, [...]
NEW: Medical Device Regulation since 26.05.2021
Regulation (EU) 2017/745 For more than 4 years, we have been concerned with the new European Medical Device Regulation (Regulation (EU) 2017/745). Now it has finally entered into force on 26.05.2021, this after the start of validity was postponed by another year from 2020 to 2021 due to Corona. The Medical Devices Regulation comprehensively changes the legal area, the Austrian legislator has also [...]
Distribution of free samples of non-prescription drugs to pharmacies
BGH, judgment of 17.12.2020 - I Zr 235/16 ECJ decision on free samples C-786/18 of 11.6.2020 The distribution of free samples of non-prescription medicinal products to pharmacies is in principle permissible according to decision C-786/18 of 11.6.2020. NEW: Decision of the German BGH In the German original proceedings of this ECJ decision, the BGH has now made the second decision, and the matter [...]