No vacation consumption during agreed educational period
OGH, judgment of 29.9.2020 - 9 ObA 69/20t - No vacation consumption during agreed educational period. 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 educational period [...]
NEW: Medical Device Regulation since 26.05.2021
Regulation (EU) 2017/745 - Medical Device Regulation. 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 - Distribution of free samples of non-prescription drugs to pharmacies. CJEU 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 [...]
Pharmacological effects of a product for the treatment of cystitis and urinary tract infections
Judgement of OLG Köln of 23.12.2020, 6U18/20 - Pharmacological effects of a product for the treatment of cystitis and urinary tract infections. An interesting ruling on the classification and effect of D-mannose. A product for the treatment and prevention of cystitis, whose essential active ingredient D-mannose as a simple sugar binds the adhesin FimH of the Escherichia coli bacterium so that it can no longer adhere to the bladder wall and penetrate human cells, has a pharmacological and [...]