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Archive for the ‘Legal Claims’ Category

Health Claims Regulation – The LG Düsseldorf Answered

The LG Düsseldorf, said:

“If the defendant says that there was initially on the applicant to demonstrate that it had taken effect scientifically controversial statements, the court follows this view is not. Lit statements within the meaning of Article 13, paragraph 1. A) of Regulation 1924 / 2006/EC are forbidden, under the conditions of Article 28, paragraph 5 of Regulation 1924/2006/EG exceptionally permitted. According to Article 6 paragraph 2 of Regulation 1924/2006/EG, the food business of a health specification makes justifying the use of the claim. This means that first to make the applicant must demonstrate that the defendant lit health claims within the meaning of Article 13, paragraph 1. a) of Regulation 1924/2006/EG made in trade has. By submitting the appropriate expression of the websites of the defendant in the Appendix A 2 (p. 10 to 16 GA) the applicant has that – the rest remained undisputed fact – be sufficiently credible.

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Decision of LG Düsseldorf

The LG Düsseldorf found that the disputed information from the online merchant just do not conform to the required 1924/2006/EG, but against in Article 5 paragraph 1 of Regulation 1924/2006/EG formulated conditions would conflict .

Reason: In accordance with Article 5 paragraph 1 of Regulation 1924/2006/EG nutrition and health claims are allowed only if the substances referred to by the information in the relevant product in a quantity are the by generally accepted scientific knowledge is such as to obtain the claimed nutritional or physiological effect (Art. 5 para 1st b) i) of Regulation 1924/2006/EG). In addition, the substances concerned in the relevant product available in a form which is available for the body (Article 5 para 1 lit. C) of Regulation 1924/2006/EG). Also, the quantity of the product whose consumption can be reasonably expected to contain a significant amount of active substances as established by generally accepted scientific data to obtain the claimed nutritional or physiological effect (Article 5 para 1 lit. D) Regulation 1924/2006/EG).

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Health Claims Regulation – Interesting Case LG Düsseldorf

Recently, an online retailer received a warning that had sold on his commercial website mushroom food supplements. Because of the warning: has the dealer advertised, among other things, that promote “the ingredients of the edible mushroom Maitake in a natural way the body’s immune system and thus strengthen the immune system.” Also promotes the “Shining Lackporling health, wellbeing and performance and strength so that” on nutritional way the whole organism. ” The dealer was not allowed to advertise in the form, the court in Düsseldorf. Read the rest of this entry »

From the point of legal view, a claim is simply defined as an action to get money, property, or enforcing individual right against other parties. The practice of proposing claims applies not only in the area of two party disputes, but also among multi-parties.

Normally, a legal document revealing individual or corporate claims is often called as a Statement of Claim. This document carries an official communication stating that the alleged faulty individuals have caused damages.

In general, the certain amount of reimbursing money is proposed to the addressee as the cost of resulting damages and disadvantages towards the claimer. After all, filing a statement of claim has to be done in a proper way unless the legal case will be simply rejected by the court due to a simple mistake of technicality.

In terms of patents law, a claim comes up in the picture when something of an individual or corporate right is damaged or pirated. In this case, legal claims are commonly concerned by individual citizen and corporate when dealing with patents ownership disputes and settlements in front of the court.

The involvement of lawyers or attorneys is obliged in accompanying the procedural process of legal claims. Both claiming party and the alleged one have got the equal right to get a legal aid for the prosecution and litigation of adversarial justice.