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BGH: poaching of employees at work

By order of 13.12.2007 , the Federal Supreme Court clarified that even if phone calls are allowed to contact (latest: BGH, Judgement of 22.11.2007 - I ZR 183/04 - direct approach in the workplace III) to visit a farm with the aim of staff to promote continued anti-competitive is :

whole considers it is anticompetitive to visit a foreign company for the purpose of enticing away employees working there (cf. BGH, Judgement of 05/10/1966 - Ib ZR 136/64, GRUR 1967, 104, 106 - exchange dealers, also Lindacher in Festschrift for Erdmann, 2002, p. 647, 652, 656; Hefermehl Köhler / Koehler / Bornkamm, Competition Law, 25th edition, § 4 UWG para 10 112, Piper Piper / Ohly, UWG, 4 Ed, § 4 para 11/356; Omsels in Harte / Henning, UWG, § 4 No. 10 paragraph 30). The jurisdiction of the Senate for telephone speech in the workplace solicitation purposes (BGHZ 158, 174 - direct approach at work I; BGH, Judgement of 02.09.2006 - I ZR 73/02, GRUR 2006, 426 = WRP 2006, 577 - OHCA at Computer II) indicates a change in this assessment no reason.

( BGH, decision of 13.12.2007 - I ZR 137/07 )

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BGH: Fax transmissions nine minutes before the deadline

periods may last up to be exploited. This principle has been upheld by the Supreme Court decision of 20.12.2007 and running:

particular, the defendant can not be held against that with has been waiting for the fax transmission to 9 minutes before the grounds for appeal period, as time limits can be fully utilized (see BVerfGE 69, 381, 385). With the proper use of a functional transmitter unit and correct the fax number is required done to meet the deadline, if started in time for the fax transmission is to be expected under normal circumstances with their financial statements to 24.00 Clock (Federal Constitutional Court NJW 1996, 2857).

( BGH, decision of 20.12.2007 - III ZB 73/07 )