– your daily portion of right! The Verwaltungsgericht Dusseldorf had rejected it as we know by order of the 16.01.2012, to prohibit the land North Rhine-Westphalia, to warn publicly about E-cigarettes. Meanwhile, the reasons for the decision were released. Out of these, stating that the Court quite extensively dealt with the question, whether the nicotine liquids used in electronic cigarettes as a drug can be classified as the North Rhine-Westphalia Health Minister Steffens says. “The Court comes to the conclusion that the classification of liquids as not apparent outlandish remedy” was. Although is not Dusseldorf according to the VG at the controversial E-cigarettes to presentation medicines, because the process concrete product as a stimulant will offers. It but speak a lot that the classification as medicinal products function was justified.
Already in the information documents submitted by the applicant would, that not only Nicotine in General is a substance which is liable to affect physiological functions in pharmacological way, but that this is the case also in the special way of the inhalation by E-cigarettes. Because the applicant had argued with the information presented, even heavy smokers were able, without changing withdrawal symptoms on the electrical cigarette, because they received in the amount of nicotine. This make clear that just a targeted influence of physiological function is intended. The stress and at the same time stimulates and brain effect outgoing of the smoking should be achieved. Otherwise as the VG Frankfurt/Oder, in his decision of 14th October 2011 tends to the VG Dusseldorf also cause it to arrive for the classification as medicinal products is not on a therapeutic purpose of E-cigarettes. Finally the Court considers also to assume might be that E-cigarettes are subject not to the preliminary tobacco law.
Because in their contained liquid are the E-cigarette, nor that According to the Court wholly or partly of tobacco”. That the in the liquid contained nicotine content is obtained from tobacco, have not become the product a tobacco product. Also the product will not be smoking, chewing or other oral use determined, because inhaling the vapor is an other, not addressed in the preliminary tobacco act application form. The inhalation of vapour could not be equated with an oral use. The VG Dusseldorf has verified the classification of electric cigarettes as medicines simply, whether this legal opinion acceptable so: is not grossly wrong. Whether this assessment is ultimately also really true, the Court had to answer. The arguments put forward by the Court could provide opponents of the electronic cigarettes still new ammunition. Here the two-edged nature of verwaltungsgerichtlicher urgent procedure evident with their summarischem”character. Before testing, the appropriate legal classification of electric cigarettes in the administrative summary proceedings to fight, can therefore only be warned. Always applies, if in second instance even the higher administrative court Munster to the attempt himself, to prohibit the Land Nordrhein-Westfalen warnings about E-cigarettes. A possible negative decision of the OVG could entail that a domino effect not only in North Rhine-Westphalia. Other non-binding and free information related to the pharmaceutical law, see
What caused our life judgment of 12.5.2010 the summer. With free file share programs that are accessible free of charge on the Internet, it required not more than a few clicks of mouse to download his current favorite songs. But that this copyright rights are infringed, it is not clear to many users. (PM) Hamburg, 17.12.2010 more than 7 million Germans use today Internet file sharing networks to download individual songs or entire albums, and to provide for others. That this approach, according to Internet and copyright law in Germany is not legal, should be now known.
Nevertheless, many users are shocked when they are enforced from after the joy of the savings by offering free. In recent months, several German firms damages and cease and desist on especially sent Internet users, which made music files available for others. That the cease and desist letter fees demanded in the past, in some cases too high have failed, the law firm of Baek Law has now recognized. Should the target be users economically to damage, it is the message conveyed, that is to refrain from downloading and deploying copyrighted media. The firm follows the ruling of the Federal Supreme Court (BGH) of May 12, 2010 (I ZR 121/08 summer of our lives), by law, it was recognized that individuals for the unauthorized use of their Wi-Fi connection to the responsibility can be drawn. Therefore, the owner can be sentenced to the omission if a third party access to this illegal music downloads ( 1004 BGB).
A claim for damages is not, however, the BGH decided in its judgment. On the basis of which puts the firm Baek Law new characters and reduced its claim amount on fixed sum of 100 ( 97a II UrhG) subject to applicable data collection costs, unless it can be demonstrated that the connection owner at the time in question was not the culprit. Lawyer Peter Kimm from Hamburg has understanding for the made Change the firm added: the receivables amounting to 183,21 appear to be low. However not to appear at the Dunned down, that the cash flow is intentionally accelerated. Rather it comes more costs to avoid, in which a lawyer is sought, which calls for mostly a usual rate of 200 or more. The Internet user should more or less be offered the opportunity to recognize its mistake and feed available without having it accumulate debt. Who is nevertheless the intention comparison white low demand not to come to the shouldn’t occur always in consultation with the other party and the thing does not rest. In these cases an attorney should be switched on instead, so that it will not be an order or court proceedings.
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