LEGAL COMPLIANCE OFFICER: AN INCREASINGLY DEMANDED PROFILE

The reform of article 31 bis of the Penal Code has resulted in the proliferation of a new job, Legal Compliance Officer. Companies are increasingly incorporating a new Corporate Compliance department, or outsourcing this service to Criminal and Business Law professionals. Their function is to ensure regulatory compliance internally and reduce the chances of the […]

GRP Rainer Rechtsanwälte – Experience in asserting exceptional notice of dismissal

Exceptional notice of dismissal needs to be thoroughly prepared. The law firm GRP Rainer Rechtsanwälte has the necessary experience when it comes to asserting exceptional notice of dismissal. Unlike in the case of ordinary notice of dismissal, there are no notice periods that need to be observed when issuing exceptional notice terminating an employment relationship. […]

Michael RainerManaging Partner, MTR Rechtsanwälte

MANAGEMENT RESPONSIBILITY FRAMEWORK

1. Corporate crimes attributable to directors. In particular, unfair administration and misappropriation There are numerous corporate crimes attributable to corporate directors. Two of the most frequently committed criminal offences are unfair administration and misappropriation. According to the Supreme Court, the best way to distinguish between them is by considering the degree of intensity of wrongful […]

Breach of competition law due to lack of labelling on energy consumption

Electronic appliances that can be seen on display but lack labelling on energy consumption constitute a violation of competition law. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: I ZR 213/15). Consumers have become accustomed to seeing household electronic appliances such as fridges, washing machines and ovens displaying information on […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Tax dodgers under pressure – Way out of tax evasion is through voluntary disclosure

While the number of voluntary declarations for tax evasion is easing off, the same cannot be said of the efforts being put into the fight against tax evasion. It remains possible for tax evaders to submit a voluntary declaration leading to immunity. Since the rules for voluntary disclosure in relation to tax evasion were tightened […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its ruling of January 30, 2017 (Az.: I ZR 257/15). Advertising featuring health claims pertaining to mineral water also needs to adhere to the requirements set out […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Tax evasion: Only voluntary disclosure affords protection from severe penalties

Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties. While the number of voluntary declarations leading to immunity in relation to tax evasion is decreasing, this does not mean that […]

Michael RainerManaging Partner, MTR Rechtsanwälte

EU cartel authorities examining possible e-commerce competition violations

The European Union’s cartel authorities are targeting e-commerce more aggressively and are carrying out three investigations looking into whether violations of European competition law have occurred. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Our daily lives are no longer imaginable without the internet. An […]

Michael RainerManaging Partner, MTR Rechtsanwälte

GRP Rainer Rechtsanwälte: Experience with liability claims against executive bodies

Executive boards, supervisory boards and managing directors are subject to a substantial risk of personal liability. With the help of suitable legal advice and experience, it is possible to reduce this risk. In addition to bearing a high degree of responsibility, the executive bodies of a company are also faced with a substantial risk of […]

Michael RainerManaging Partner, MTR Rechtsanwälte