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Ruling: BVerwG overturns pre-emption right in part 

The Federal Administrative Court (BVerwG) has partially overturned the right of first refusal for properties in Berlin and thus upheld the complaint of a real estate company. The right of first refusal is normally intended to ensure that houses are not bought up and the tenants move away - for example due to refurbishment measures that result in higher rents. In the present case...

Decision: BGH rejects judgments on photovoltaic modules 

Do special rights apply to individual solar modules of a ground-mounted photovoltaic system? The Federal Court of Justice (BGH) recently dealt with this question and referred back four higher regional court rulings (V ZR 225/19/V ZR 8/20/V ZR 44/20 and V ZR 69/20). The plaintiff in these proceedings was an insolvency administrator of a company that had purchased a photovoltaic system in 2010. This had previously been...

Ruling: Right of withdrawal also applies to stairlifts 

The sale and installation of a stairlift are contracts for work and services that can be revoked within 14 days. This was decided by the Federal Court of Justice (BGH) following a complaint by a consumer advice center against a distributor of curved stairlifts. In the case in question, the distributor of curved stairlifts had not provided its customers with a statutory right of...

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