Forum Non Conveniens: 20m – euro claim Cypriot company vs. Reuters

It has been held that choice of jurisdiction and law clauses can not present an obstacle to protecting commercial representatives which exercise their activity within Member States; this protection is provided by a European Directive that has now been incorporated into Cypriot legislation.

The President of Nicosia District Court dismissed an application by Reuters’ which asked for the legal action filed against them by Cypriot company, Farmanet Holdings Ltd, in the Cypriot courts to be dismissed, alleging that it was in fact the American courts which had jurisdiction to try the dispute.

Reuters attempted to suspend the proceedings which had commenced in Cyprus and refer them to New York, by relying on a jurisdiction clause. The clause contained an agreement by the parties that in the event of any dispute the courts of New York would have the jurisdiction to try the matter.

Farmanet, via its lawyers Georgiades & Mylonas, filed an objection claiming that the Cyprus courts were the most appropriate place to try the dispute. The burden of proof lay with Farmanet as the defendant. The submissions put forward by Yiannos Georgiades referred to a case that had come before the European Court which contained similar circumstances and characteristics.

The court used the principles laid down in The Eleftheria (The All England Law Reports 1969 Vol 2 pp 641) and the principle of forum non conveniens. Regard must be had in particular, but without prejudice to; 1) the country in which evidence is situated or more readily available and the effect of that on the relative convenience and expense of trial as between the two jurisdictions; 2) whether the law of the foreign courts applies and the differences between the laws of the two jurisdictions; 3) the connection of the parties to the country and how close the connection is; 4) whether the defendants genuinely desire the trial in the jurisdiction or whether they are merely seeking procedural advantages and 5) whether the plaintiff would be unfairly prejudiced by having to sue in the foreign country. The court was satisfied that in this case the five principles above were relevant and present.

As a result the Cypriot court held, 8 November 2006, that it had been proven that the plaintiffs had adequate reasons which justified the continuation of the proceedings in Cyprus. The existence of the jurisdiction clause in the agreement did not weaken the reasons.

Comments

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[SoraCoori]

Hi everyone

http://www.internetmoque.net - Compared Translations of the meaning of the Quran

Islam tolerates the killing of innocents because:

Muslims can be terrorists

Muslims engage in `holy wars' (jihad)

Islam spread by the sword

it has a harsh and cruel judicial system

This misconception is one of the most widely held misconceptions about Islam today. And yet in the Qur'an, the Creator unambiguously states (translation),

[17:33 - Nor take life - which Allah has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand retaliation or to forgive): but let him not exceed bounds in the matter of taking life, for he is helped (by the Law)

Based on this verse, it is Islamically unlawful to murder anyone who is innocent of certain crimes. It is well to remember at this point the distinction made above between Qur'an and Sunnah, and the Muslims: only the Qur'an and Sunnah are guaranteed to be in accordance with what the Creator desires, whereas the Muslims may possibly deviate. Hence, if any Muslim kills an innocent person, that Muslim has committed a grave sin, and certainly the action cannot be claimed to have been done "in the name of Islam."

It should be clear, then, that "Muslim terrorist" is almost an oxymoron: by killing innocent people, a Muslim is commiting an awesome sin, and Allah is Justice personified. This phrase is offensive and demeaning of Islam, and it should be avoided. It is hoped that as the general level of public awareness and understanding of Islam increases, people will keep "terrorism" and "Islam" separate from each other, not to be used in the same phrase.

Another reason advanced in support of the misconception is that the Creator has imposed `jihad' on us. The term "holy war" is from the time of the Crusades and originated in Europe as a rallying cry against the Muslims in Jerusalem. Jihad is an Arabic word meaning struggle, but in the context of many verses in the Qur'an, it carries the meaning of military struggle, or war. Allah gradually introduced the obligation of military struggle to the Muslim community at the time of the Messenger (saas). The first verse ever revealed in that connection is as follows (translation),

[22:39 - Permission (to fight) is given to those upon whom war is made because they are oppressed, and most surely Allah is well able to assist them;

This verse lays down the precondition for all war in Islam: there must exist certain oppressive conditions on the people. The Creator unequivocally orders us to fight oppression and persecution, even at the expense of bloodshed as the following verse shows (translation),

[2:190-192 - And fight in the cause of Allah with those who fight with you, and do not exceed the limits, surely Allah does not love those who exceed the limits. And kill them wherever you find them, and drive them out from where they drove you out, and persecution is severer than slaughter, and do not fight with them at the Sacred Mosque (in Makkah) until they fight with you in it, but if they do fight you, then slay them; such is the reward of the unbelievers. But if they desist, then surely Allah is Forgiving, Merciful. And fight with them until there is no persecution, and religion should be only for Allah, but if they desist, then there should be no hostility except against the oppressors.

As one might imagine, the method of military struggle has been clearly and extensively defined in the Qur'an and Sunnah. Since this subject is a huge one, we simply summarize part of it by noting that it is unlawful to kill women, children, the infirm, the old, and the innocent. From the Sunnah, specifically in the study of the Sunnah called Sahih Bukhari, we find:

[4:52:257 - Narrated 'Abdullah: During some of the Ghazawat of the Prophet a woman was found killed. Allah's Apostle disapproved the killing of women and children.

A related misconception to jihad is often propagated by Muslims who say that "Jihad is only for self-defense of physical borders." The Qur'an and Sunnah refute this notion categorically. As the verses cited above show, jihad is obligatory wherever there is injustice, and Muslims need not acknowledge imaginary lines around the earth when it comes to upholding this obligation. The Messenger of Allah (saas) has also commented on this extensively in the Sunnah. From the study of the Sunnah called Sahih Bukhari, we find that,

[4:52:65 - Narrated Abu Musa: A man came to the Prophet and asked, "A man fights for war booty; another fights for fame and a third fights for showing off; which of them fights in Allah's Cause?" The Prophet said, "He who fights that Allah's Word (i.e. Islam) should be superior, fights in Allah's Cause."

Hence, the Creator obligates us to fight wherever people are being grossly deprived of freely hearing or practicing the Message of Allah as contained in the Qur'an and Sunnah. Sayyed Qutb, a famous Muslim scholar eloquently discusses the notion of jihad and self-defense in his book Milestones,

"If we insist on calling Islamic jihad a defensive movement, then we must change the meaning of the word `defense' and mean by it `defense of man' against all those elements which limit his freedom. These elements take the form of beliefs and concepts, as well as of political systems, based on economic, racial, or class distinction."

A third reason often cited for the misconception about Islam which says that this way of life tolerates the killing of innocents is that the judicial system of Islam is unnecessarily harsh. This reason is weak in two respects. First, it presupposes that human beings are more just and more merciful than the Creator, and therefore we can change the law. Second, it is often based on gross oversimplifications of Islamic law, such as saying "all thieves get their hands cut off."

The Qur'an and Sunnah make it clear that the law of retaliation (or equality) governs us for murder and physical injury, but forgiveness is better as the following verses from the Qur'an show (translation),

[2:178 - O you who believe! the law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then prosecution (for the bloodwit) should be made according to usage, and payment should be made to him in a good manner; this is an alleviation from your Lord and a mercy; so whoever exceeds the limit after this he shall have a painful chastisement.

[42:40-43 - The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due from Allah: for (Allah) loves not those who do wrong. But indeed if any do help and defend themselves after a wrong (done) to them, against such there is no cause of blame. The blame is only against those who oppress men and insolently transgress beyond bounds through the land, defying right and justice: for such there will be a grievous penalty. And whoever is patient and forgiving, these most surely are actions due to courage.

The Creator ordained the law of retaliation on us knowing full well that we might question it. In many non-Muslim societies today, there are ongoing debates about the death penalty. In Islam, this discussion is moot: the Creator has decided the matter for us. He has however given us an interesting verse in the Qur'an which advises to consider the matter carefully if we want to understand it (translation follows),

[2:179 - And there is life for you in (the law of) retaliation, O people of understanding, that you may guard yourselves.

Most people are also unaware of the stringent conditions which must be met for the law of retaliation to be applicable. The Sunnah is full of examples of the Messenger of Allah showing us when the law's preconditions were fulfilled. For example, a thief is only liable to lose his or her hand if the item stolen exceeds a certain value, and if it is proven that the item was taken from its normal resting place. Stealing food is not punishable by the loss of one's hand, and other items are exempt as well. This is just an example of how gingerly the law is applied in Islam.

Finally, another reason advanced for this prevalent misconception is that Islam `spread by the sword'. It should be clear by now that we must always distinguish between the Qur'an and Sunnah and the Muslims when it comes to determining what the Creator has asked of us. Allah has stated clearly in the Qur'an (translation),

[2:256 - There is no compulsion in religion; truly the right way has become clearly distinct from error; therefore, whoever rejects Satan (and what he calls to) and believes in Allah, he indeed has laid hold on the firmest handhold, which shall not break off, and Allah is Hearing, Knowing.

Hence, it is impossible to accept Islam under duress. Even if misguided Muslims were to try to `force' Islam somehow on others, it would not be accepted by the Creator based on this verse.

Historical arguments that try to demonstrate that Muslims did not `convert others by force' are actually secondary to the argument given above. However, it is worth noting that historically, Islam did spread by peaceful means. The Message of the Creator was conveyed to Africa and to southeast Asia by trading Muslims, and today the largest Muslim country in the world is Indonesia. The military expeditions that led to the conquest of large swathes of territory in Europe and central Asia were all marked by tolerance of other creeds and faith.

Again, it is important to remember that Allah declares it IMPOSSIBLE that Islam can be forced on a person, hence Muslims find it useless to try

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[Broolionolelm]

Alopecia areata is a affliction in which people lose hair from some or all sections of the human body, but primarily from the scalp. This affliction occurs about .one-.two percent in both equally males and females. It usually takes place in the late teenage many years, early childhood, or young adulthood. In actuality, it can take place to men and women of all ages who are normally balanced and have no pores and skin condition. An individual of the most typical types of this ailment will involve loss of hair in one particular or additional spherical spots on the scalp. This ailment is not contagious. There is treatment method obtainable for this problem. But prior to figuring out about the remedy out there, let's master about the brings about and warning signs of the issue.

Leads to

The lead to could be hereditary. It is much more likely to happen in people whose kin are struggling from autoimmune diseases. Alopecia areata is an autoimmune condition in which the body attacks its hair follicles and damages or stops reproduction of hair. It has been verified that T cell lymphocytes assemble around these follicles and trigger inflammation and in the long run lead to hair loss. Emotional stress and a pathogen can combine with hereditary components and worsen this condition. Despite the fact that babies may possibly be born with congenital alopecia, still this condition can not be referred to as an autoimmune condition since an infant does not have a entirely formulated immune technique.

Indicators

* Little, soft, and commonly round bald patches* Some burning sensation or slight soreness in the location where by hair have been lost* Hair fall more than a short period of time, and the affected region is mainly 1 spot of the scalp* Hair become narrower along the duration of the strand nearer to the base

Diagnosis dry itchy scalp

Medical professionals generally tug at a handful of hair along the edge of a patch with lesser strength than would be wanted to pull out healthful hair. The hair of individuals suffering from alopecia areata will pull out extra effortlessly along the edge of the patch exactly where the follicles have already been impacted by the body's immune system. The hair pulled out finally drop by natural means.

Treatment Possibilities

Most of the individuals do not require any treatment method, as hair instantly grow again in a yr. Another famous therapy alternative is the software of a solid topical steroid, these as Diprolene or Temovate, on the patch. This strategy demands 1 to be patient, as hair may increase right after quite a few months immediately after this treatment method is utilized. Some health care professionals also use steroid injections, these as Celestone, and inject them into the place where by hair are falling. Alopecia areata can also be treated with Minoxidil, which has cosmetically acceptable effects in 30 percent of the scenarios.

Another treatment method is photochemotherapy, which is made use of most generally to deal with psoriasis. The individual is given a light-delicate drug identified as a psoralen possibly orally or topically and then subjected to an ultraviolet light supply. Some people today also gain from alternate therapies, this sort of as acupuncture, aroma therapy, night primrose oil, zinc and vitamin nutritional supplements, and Chinese herbs. Whichever might be the remedy, the conclusion is that the ailment is treatable if a right diagnosis is done in time.

Alopecia areata is a issue in which humans drop hair from some or all elements of the physique, but primarily from the scalp. This problem happens about .1-.2 % in both equally males and females. It generally takes place in the late teenage years, early childhood, or youthful adulthood. In simple fact, it can take place to persons of all ages who are commonly healthful and have no pores and skin ailment. One of the most typical varieties of this problem consists of reduction of hair in an individual or additional round spots on the scalp. This affliction is not contagious. There is treatment offered for this affliction. But just before understanding about the treatment out there, let's learn about about the brings about and indicators of the affliction.

Brings about

The lead to might be hereditary. It is much more likely to happen in persons whose kin are struggling from autoimmune diseases. Alopecia areata is an autoimmune problem in which the body attacks its hair follicles and damages or stops reproduction of hair. It has been verified that T cell lymphocytes assemble all-around these follicles and induce inflammation and in the long run lead to hair reduction. Emotional worry and a pathogen can merge with hereditary variables and worsen this affliction. best shampoo for itchy scalp While babies may be born with congenital alopecia, nevertheless this affliction are not able to be referred to as an autoimmune disease since an infant does not have a fully created immune process.

Warning signs

* Compact, soft, and typically spherical bald patches* Some burning sensation or slight soreness in the space exactly where hair have been lost* Hair drop around a quick period of time of time, and the impacted region is typically a single space of the scalp* Hair come to be narrower along the duration of the strand closer to the base

Diagnosis

Medical doctors often tug at a handful of hair along the edge of a patch with lesser strength than would be desired to pull out wholesome hair. The hair of persons suffering from alopecia areata will pull out far more simply along the edge of the patch where the follicles have already been impacted by the body's immune technique. The hair pulled out at some point fall by natural means.

Treatment Options

Most of the individuals do not require any treatment, as hair automatically expand back inside a 12 months. Another well-known treatment method option is the software of a sturdy topical steroid, this kind of as Diprolene or Temovate, on the patch. This procedure involves 1 to be affected person, as hair might grow after many months following this remedy is utilized. Some medical pros also use steroid injections, such as Celestone, and inject them into the space in which hair are falling. Alopecia areata can also be handled with Minoxidil, which has cosmetically acceptable final results in thirty percent of the circumstances.

One more treatment is photochemotherapy, which is utilised most usually to treat psoriasis. The affected person is presented a light-sensitive drug called a psoralen both orally or topically and then uncovered to an ultraviolet light resource. Some persons also benefit from alternate therapies, this sort of as acupuncture, aroma therapy, evening primrose oil, zinc and vitamin nutritional supplements, and Chinese herbs. Whatsoever might be the treatment, the conclusion is that the ailment is treatable if a good diagnosis is executed in time.

Alopecia Areata is a hair reduction ailment that typically takes place pretty rapidly and brings about patches of baldness to show up on the scalp. We most generally come across young young children and teenagers struggling from patchy hair-reduction however, we have also treated numerous scenarios affecting grownup individuals.

There are several types of Alopecia Areata, with the most popular sort becoming 1 or extra patches of hair reduction on the scalp or basic thinning of hair all the way through the crown. Signs or symptoms of patchy hair-loss can even be seasoned with loss of facial hair in the scenario of males, appearing as patches of baldness on the beard or mustache.

Occasionally, we receive conditions referred to as Alopecia Totalis, the place complete hair reduction occurs more than the whole scalp. Even less repeatedly, a condition acknowledged as Alopecia Universalis may occur which success in hair loss throughout the whole entire body.

The Leads to of Alopecia Areata

The real result in of Alopecia Areata is still not known, although evidence suggests that it is brought on by an abnormality within just the immune procedure which causes a misdirected auto-immune response to arise. What this implies is that the body's very own immune system becomes self-harmful and as a result commences to attack specific tissues of the system.

In this scenario, the hair follicles occur below attack, thus producing the disruption of the usual hair formation and hair loss occurs. Scientific biopsies of samples of affected scalp tissue exhibit the presence of white blood cells in the hair follicles. These cells are not normally current in this area, and consequently suggests the involvement of an immune response.

At SRS Hair Reduction Treatment method, we have been healing numerous hair loss indicators and warning signs for through 25 a long time. We find that when it arrives to Alopecia Areata, there typically isn't just 1 bring about for the loss of hair, but instead there is far more a culmination of distinct stresses on the immune procedure that triggers it's malfunction and subsequent hair reduction.

We obtain that Alopecia Areata is typically triggered because of to a blend of the following brings about:

? Worry/Trauma? Auto-Immune health conditions? Chemical poisoning? Hereditary variables

Pressure/Trauma

It is widespread for patients to trace the to begin with indicators of their patchy hair-reduction back to a in particular tense function in their lives, just after which it tends to produce even more around time as more stressful activities arise.

In an individual scenario, we had a lady who could pin-position the get started of her Alopecia Areata to actually three or 4 days just after the death of her husband.

Of course virtually everyone is affected by anxiety or traumatic occasions at specified instances in daily life, but it appears that for victims of Alopecia Areata, their immune technique is additional inclined to triggering the manufacturing of antibodies. This may make them extra susceptible to strain than the common population.

Auto-Immune Illnesses

Alopecia Areata can impact individuals of all races, ages and state of well being therefore there doesn't appear to be any exemptions on who the affliction impacts.

But in saying so, many of our instances exhibit that persons affected by Alopecia Areata are often also affected by other automobile-immune disorders such as allergic problems, thyroid challenges or arthritis.

This sort of immune issues can contribute to the over-all vulnerability of an individual's immune technique, and for that reason any more stresses the entire body might acquire into the visible indicators of hair loss.

Chemical Poisoning

There seems to be a correlation between the progress of Alopecia Areata and coverage to unsafe chemical compounds or unintended chemical poisoning. An illustration of this would include an individual's coverage to chemically-sprayed farmland or create harvested from that land.

Prolonged publicity to these may possibly have an influence on the overall vulnerability of a person's immune program, which may possibly make them a lot more prone to producing patchy hair-reduction at some stage in their life.

When healing consumers with Alopecia Areata, we make sure to gather all pertinent info with regards to their property and perform atmosphere to ascertain no matter whether these could harbor any doable resources of contamination that's contributing to their problem.

Hereditary Things

In some conditions, we may possibly uncover that the consumer has an individual or a lot more family members members that have also suffered from patchy hair loss in the past.

For instance, our lastest client with patchy hair reduction was a young woman, where by at the exact time her father was also endured from patchy hair-loss, nevertheless in the father's scenario it was patches of hair loss on both his head and beard.

With these kinds of conditions currently being relatively frequent, it seems that a genetic inclination is a important contributing component in the direction of a person's progress of Alopecia Areata.

The Most Powerful Remedy for Alopecia Areata

Whatsoever the induce of your Alopecia Areata may be, don't despair! For more than twenty five years, SRS Hair Reduction Treatment has effectively handled multitudes of people today globally, all struggling from patchy hair-loss.

The solution to our success is our revolutionary Wholesome Hair Tonic system, which is designed from purely one hundred% organic ingredients that exhibits no aspect results. The Wholesome Hair Tonic cleans, clears and unblocks hair follicles, expels harmful toxins and resets any abnormalities back again to their suitable nutritious state, therefore enabling your hair to effectively grow again naturally.

With confirmed results and countless expressions of achievement in our customer testimonials, you'll be much more than pleased to discover a option for your Alopecia Areata that functions.

Don't wait! Get started out NOW by treating the challenge at its bring about. The a lot less you delay, the more rapidly you'll effectively regain a complete head of hair. For the most helpful remedy for Alopecia Areata, come see the experts at SRS Hair Loss Therapy.

national alopecia areata foundation is a hair reduction problem that normally takes place really speedily and leads to patches of baldness to appear on the scalp. We most typically obtain young youngsters and teenagers suffering from patchy hair-reduction nevertheless, we have also handled various conditions impacting adult people.

There are numerous forms of Alopecia Areata, with the most typical type staying 1 or far more patches of hair reduction on the scalp or standard thinning of hair during the crown. Signs or symptoms of patchy hair-reduction can even be professional with loss of facial hair in the circumstance of males, appearing as patches of baldness on the beard or mustache.

Occasionally, we acquire situations referred to as Alopecia Totalis, the place entire hair reduction occurs more than the overall scalp. Even a lot less frequently, a problem regarded as Alopecia Universalis might occur which success in hair loss during the full physique.

The Leads to of Alopecia Areata

The true induce of Alopecia Areata is still unidentified, although proof suggests that it is triggered by an abnormality in the immune procedure which brings about a misdirected auto-immune response to occur. What this usually means is that the body's very own immune program gets self-destructive and consequently commences to assault certain tissues of the entire body.

In this situation, the hair follicles arrive beneath attack, hence creating the disruption of the standard hair formation and hair reduction occurs. Scientific biopsies of samples of affected scalp tissue show the presence of white blood cells in the hair follicles. These cells are not typically present in this location, and therefore suggests the involvement of an immune response.

At SRS Hair Reduction Treatment, we have been treating different hair loss indications and signs and symptoms for about 25 many years. We find that when it arrives to Alopecia Areata, there typically isn't just One particular induce for the loss of hair, but instead there is additional a culmination of diverse stresses on the immune procedure that triggers it's malfunction and subsequent hair reduction.

We locate that Alopecia Areata is ordinarily triggered due to a mix of the subsequent brings about:

? Stress/Trauma? Automobile-Immune diseases? Chemical poisoning? Hereditary elements

Pressure/Trauma

It is prevalent for patients to trace the initially indicators of their patchy hair-loss again to a especially tense occasion in their lives, after which it tends to develop additionally more than time as more stressful events come up.

In 1 state of affairs, we had a lady who could pin-point the start off of her Alopecia Areata to practically three or 4 days just after the death of her husband.

Of course nearly every person is impacted by tension or traumatic activities at certain instances in daily life, but it appears that for victims of Alopecia Areata, their immune program is more inclined to triggering the creation of antibodies. This can make them far more vulnerable to tension than the general population.

Car-Immune Ailments

Alopecia Areata can impact folks of all races, ages and state of well being consequently there doesn't look to be any exemptions on who the condition has an effect on.

But in saying so, several of our scenarios present that persons affected by Alopecia Areata are generally also impacted by other vehicle-immune ailments these kinds of as allergic problems, thyroid complications or arthritis.

These kinds of immune issues can contribute to the overall vulnerability of an individual's immune process, and hence any additional stresses the body may produce into the visible indications of hair loss.

Chemical Poisoning

There seems to be a correlation between the improvement of Alopecia Areata and exposure to hazardous chemical substances or unintended chemical poisoning. An illustration of this would include things like an individual's publicity to chemically-sprayed farmland or develop harvested from that land.

Prolonged exposure to these might have an influence on the over-all vulnerability of a person's immune procedure, which may make them more vulnerable to establishing patchy hair-loss at some stage in their lifestyle.

When treating clientele with Alopecia Areata, we make sure to gather all appropriate details concerning their residence and do the job natural environment to ascertain irrespective of whether these could harbor any doable sources of contamination that's contributing to their problem.

Hereditary Variables

In some circumstances, we may come across that the customer has 1 or additional spouse and children members that have also suffered from patchy hair reduction in the past.

For example, our lastest consumer with alopecia areata deutschland reduction was a youthful woman, where by at the very same time her father was also endured from patchy hair-loss, while in the father's situation it was patches of hair reduction on each his head and beard.

With these kinds of cases staying fairly common, it seems that a genetic inclination is a important contributing component towards a person's enhancement of Alopecia Areata.

The Most Useful Treatment method for Alopecia Areata

Whatever the trigger of your Alopecia Areata may well be, don't despair! For about 25 years, SRS Hair Loss Treatment has successfully handled multitudes of men and women globally, all struggling from patchy hair-reduction.

The key to our achievements is our innovative Wholesome Hair Tonic formula, which is built from purely 100% all-natural elements that exhibits no facet results. The Healthy Hair Tonic cleans, clears and unblocks hair follicles, expels harmful toxins and resets any abnormalities again to their suitable wholesome state, thereby enabling your hair to effectively grow back again normally.

With established outcomes and a great number of expressions of achievements in our customer testimonials, you'll be a lot more than pleased to obtain a alternative for your Alopecia Areata that functions.

Don't wait! Get began NOW by treating the dilemma at its cause. The significantly less you delay, the quicker you'll effectively regain a complete head of hair. For the most powerful remedy for Alopecia Areata, occur see the pros at SRS Hair Loss Treatment method.

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Gerade der Presse entnommen:

IHK Frankfurt: Betrugs-Ermittlungen gegen FOCUS wegen 0900-Faxabruf? Millionenschaden!

Die IHK Frankfurt soll aktuell gegen die Verantwortlichen des Magazins FOCUS wegen Betruges ermitteln und eine Strafanzeige vorbereiten. Sollten sich die Vorwuerfe bewahrheiten, kann dies das Aus für das Nachrichtenmagazin bedeuten, denn der Schaden soll in die Millionen gehen.

Die Abzock-Masche war einfach wie perfide: In jeder Ausgabe des FOCUS-Magazins wurden sogenannte Fax-Abrufe beworben. Der interessierte Leser konnte hier per Telefax Hintergrundinformationen zu bestimmten Themen anfordern. (Fakten auf Abruf) Dazu musste der Verbraucher eine Rufnummer tippen und am Telefax die START-Taste druecken. Die mehrseitigen Informations-Dossiers wurden dann zu Hause ausgedruckt. Zur Refinanzierung dieses Informationsangebotes nutzte FOCUS Premium-Rate-Rufnummern mit der Vorwahl einer 0900-Vorwahl.

So weit, so legal - jedoch blieben die Umsaetze der Fax-Abrufe wohl hinter den Erwartungen zurueck, denn FOCUS nutzte einen laut IHK Frankfurt illegalen Trick, um die Uebertragung in die Laenge zu ziehen und damit die durch die Telefonrechnung eingezogenen Kosten zu erhoehen: So wurde im FOCUS-Verlag eine sogenannte Faxbremse aktiviert, d.h. die Uebertragungsgeschwindigkeit der abgerufenen Faxe wurde technisch manipulativ reduziert. Bei einem Test konnte festgestellt werden, dass der Abruf von 8 nicht voll beschriebenen Seiten über FOCUS bis zu 6 Minuten dauerte. Im normalen ungedrosselten Faxversand mit einer Geschwindigkeit von heute ueblichen 33.600 Baud kann man 8 Seiten ganz normal fehlerfrei in einer Minute übertragen. Die Folge: 6-fach überhoehte Telefonkosten! Der Kunde wird entgegen der bestehenden Rechtspflicht nicht auf die verzoegerte Uebermittlung der Faxinformationen hingewiesen. Somit taeuschen die Verantwortlichen konkludent ueber die entstehenden Kosten.

Nachdem ein Verbraucher die Verantwortlichen des FOCUS bei der Staatsanwaltschaft Muenchen angezeigt hatte, zeigte diese wenig Interesse an dem Sachverhalt und stellte das Verfahren schleunigst ein. Begruendung: Der Kunde duerfe nicht mit der schnellsten Fax-Geschwindigkeit rechnen wenn in der Werbung der Faxabrufe keine genannt wird.

Moeglicherweise liegt das daran, dass man den alteingesessenen Burda-Verlag, der das Magazin FOCUS seit 1996 aus Muenchen verlegt, nicht vergraulen mag. Eventuell ist dies auch einfach mit der Ueberlastung der Strafverfolgungsbehoerden zu erklaeren. Die IHK Frankfurt, die sich dem Kampf gegen Abzocke und Betrug durch die Faxbremse verschrieben hat, will dieses Vorgehen jedenfalls nicht hinnehmen. Die IHK unter Hans-Reinhart Gruenbaum sieht diese und aehnliche Faelle als klaren Betrug und beschaeftigt in solchen Verfahren sogar einen eigenen technischen Gutachter. Ein Insider sieht hier sogar einen der groeßten Faelle von organisierter Wirtschaftskriminalitaet in Deutschland: "Da stecken doch alle unter einer Decke. Bei 600.000 woechentlich aufgelegten FOCUS-Magazinen und der zusaetzlichen Online-Werbung der FAKTEN AUF ABRUF werden damit jeden Monat Millionen verdient!“

Die Bundesnetzagentur sieht bis heute im Jahr 2011 eine Faxgeschwindigkeit von 9.600 Baud als ueblich an. Damit waere FOCUS im Recht. Ausserdem verlangt der Gesetzgeber aufgrund der verschiedenen Geschwindigkeiten der Faxgeraete und Faxstandards nur die Angabe des Minutenpreises und Seitenanzahl. Hans-Reinhart Gruenbaum und der Hausgutachter von der IHK Frankfurt jedoch widersprechen: Schon im Jahr 2000 sei eine Geschwindigkeit von 19.200 Baud ueblich gewesen. 11 Jahre spaeter haette FOCUS die Faxe mit voller und ueblicher Geschwindigkeit ausliefern muessen. Da sie dies nicht getan haben, sei dies als gewerbsmaessiger Betrug zu werten.

Die Folgen koennten die Medienlandschaft in Deutschland nachhaltig veraendern: Stellt sich heraus, dass FOCUS die Verbraucher um Millionen betrogen hat, drohen Rueckforderungen in dreistelliger Millionenhoehe. Die Staatsanwaltschaft waere sogar berechtigt, die illegal erworbenen Gewinne beim Verlag und sogar beim Vorstand persoenlich sicherzustellen. In Zeiten, in denen schon viel geringere Verfehlungen zu einem medienpolitischen Gewitter fuehren, waere dies mit Sicherheit das Aus für den FOCUS.

Damit kommt auf den Burda-Verlag, der schon im Kachelmann-Prozess eine fragwuerdige Rolle spielte, neuer juristischer Aerger zu. Und Hans-Reinhart Gruenbaum von der IHK Frankfurt hat schon einen neuen Ansatzpunkt: Selbst wenn sich herausstellen sollte, dass die Abrufe an sich legal waren, so sind die abgerufenen "Informationen" weitgehend wertlos. Wie eine Recherche bestaetigte, koennen die Inhalte der kuenstlich verlangsamten Abrufe mit einfachen Suchbegriffen in Suchmaschinen wie Google oder Yahoo gefunden werden - und zwar kostenlos. Und das, da ist sich die IHK Frankfurt und die Staatsanwaltschaft Frankfurt einig, nennt man Betrug. Die IHK Frankfurt wird den Fall im Fokus behalten.



Baudmann


Infos und Quellen:

http://www.frankfurt-main.ihk.de
http://www.bnetza.de
http://www.focus.de
http://www.gesetze-im-internet.de/tkg_2004/__66a.html

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