Thu, Mar. 10, 2005

Preventing Health Risks

OH - Berlin.   On March 7, 2005, the health minister of Lower Saxony, Ursula von der Leyen, said that a new law to prevent health risks, Präventionsgesetz, is needed.

As a minister of a federal state, she will lobby the federal Senate, Bundesrat, for the bill. The Senate and the Diet in Berlin would have to approve the bill for its enactment. It is on their March agenda.

The law would force preventive measures against the consequences of alcohol, tobacco and excess weight. Politicians favoring the bill argue that health care funding should contribute to the prevention of diseases.

No Refund for Radar Detectors

JN - Marl.   The purchase of radar detectors designed to avoid speed controls is immoral pursuant to §138(1) BGB (Bürgerliches Gesetzbuch, Civil Code), the German Supreme Court ruled on February 23, 2005, Bundesgerichtshof (BGH), docket no. VIII ZR 129/04. Buyers of such devices cannot claim a refund according to the warranty provisions of the BGB, because the contract is void under the statute. For the same reason the exchange of money for goods cannot be reversed under the unjust enrichment provisions of the code. §817 BGB states that claims based on unjust enrichment are barred if both parties contributed to the breach of morality.

The Court confirmed that the purchase of radar detectors amounts to the preparation of its use and is aimed at the violation of road traffic regulations, Straßenverkehrsordnung, StVO. Under §23(1)(b) StVO the use of devices in order to evade speed traps is punishable as a misdemeanor and subject to a fine. The Court's press release in German is at this link.

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