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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