GRP Rainer Rechtsanwälte: Assessing risk of liability and D&O insurance

By taking out a D&O insurance policy, managers are attempting to reduce their risk of private liability. The risks and the scope of the policy ought to be analysed and reviewed in advance. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Executive boards, supervisory boards, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

LAG Hamm: Dismissal without notice for breaching duties to cooperate effective

Employees have duties to cooperate. These can also cover examinations by company doctors. If these duties are breached, there is then the prospect of dismissal without notice. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: If an employee repeatedly breaches his duties to cooperate, his […]

Michael RainerManaging Partner, MTR Rechtsanwälte

BAG on discrimination under Germany’s General Equal Treatment Act

Not every instance of disabled employees being treated differently constitutes illegal discrimination, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, from January 26, 2017 (Az.: 8 AZR 736/15). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: According to Germany’s Allgemeines […]

Michael RainerManaging Partner, MTR Rechtsanwälte

OLG Hamm: Penalty for unlawful advertising via email

Advertising is subject to restrictions, and anyone who oversteps these may be faced with severe penalties. This also applies to unlawful advertising via email, as demonstrated by a ruling of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm]. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Truck cartel: First damages claims to prescribe could do so as early as 2017

Those affected by the truck cartel are entitled to claim damages, but the limitation periods need to be observed. The first claims to become time-barred could do so as early as January of 2017. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Over a period […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Exceptional notice terminating the employment relationship for good cause

Employers that wish to issue an employee with exceptional notice of dismissal need to be able to cite good cause for this action. Otherwise, the notice of dismissal is generally ineffective. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Unlike in the case of ordinary […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Bundeskartellamt imposes fines for illegal price fixing

Manufacturers are allowed to make non-binding price recommendation, but they cannot issue merchants with price specifications. Otherwise, they are in breach of antitrust law. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Manufacturers in various sectors constantly try to issue merchants with price specifications. However, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

RECOMMENDATIONS TO PREPARE THE GENERAL MEETING FOR THE MINORITY SHAREHOLDERS OF THE S.L

Remember: It is important to identify yourself correctly. Request the information for 25% of the share capital to avoid being denied. 5% of the share capital to request the appointment of Accounts Auditor. 5% of the share capital to request a notary presence in the Meeting. 5% of the share capital to request the complement […]

Bundeskartellamt imposes fines for vertical price-fixing agreements

The Bundeskartellamt, Germany’s Federal Cartel Office, has concluded the final proceedings in relation to price fixing in the food industry and, according to its own statements, imposed fines totalling around 18 million euros GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: According to its own […]

Michael RainerManaging Partner, MTR Rechtsanwälte