Even in the case of fixed-term employment contracts concluded pursuant to a court settlement, employers need to ensure that the fixed term is effective. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: In […]
If an employer wishes to make changes to assurances made in relation to occupational pension schemes and employees add their signatures to a relevant amendment in the employment contract, then they are subsequently bound by this. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: A […]
Anyone who publishes real estate adverts without the requisite information relating to the energy performance certificate is in breach of competition law. That was the verdict 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 London conclude: The […]
Whether an employee’s holiday entitlement continues to exist after his death is still disputed. The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has since turned to the Court of Justice of the European Union (CJEU) for clarity on the matter. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and […]
Fraud relating to one’s working hours may constitute good cause justifying exceptional notice of dismissal. Having said that, a ruling of the Landesarbeitsgericht (LAG) Hamm [Regional Labour Court of Hamm] shows that for this to happen there needs to be admissible evidence to this end. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, […]
If a shareholder wishes to withdraw from a Gesellschaft mit beschränkter Haftung (GmbH), a type of German private limited company, this can give rise to disputes among the shareholders regarding the amount of any severance payment. This was the case, for instance, in proceedings before the Kammergericht (KG) Berlin (Higher Regional Court of Berlin). GRP […]
The Deutscher Fußballbund (DFB) [German Football Association] continues to attract the attention of the Bundeskartellamt, Germany’s Federal Cartel Office. This is due to the practice of linking the allocation of tickets to membership of the fan club for Germany’s national football team. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, […]
Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers. That was the verdict of the Landgericht (LG) Frankfurt [Regional Court of Frankfurt]. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Clear guidelines […]
If a GmbH decides to set up a supervisory board at a later stage, this needs to be certified by a notary and entered into the commercial register even if there is an opening clause. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: A Gesellschaft […]
Parties that have suffered loss as a result of the truck cartel are entitled to compensation. The law firm GRP Rainer Rechtsanwälte has the requisite experience in enforcing these kinds of claims. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Buyers and lessees of the […]
If the object of a sale exhibits defects, the buyer can refuse to pay the purchase price until the defects have been removed. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of October 26, 2016 (Az.: VIII ZR 211/15). GRP Rainer Lawyers and Tax Advisors in Cologne, […]
The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, has strengthened the rights of buyers and consumers in two recent rulings in the event of defects occurring in the object of sale (Az.: VIII ZR 103/15 and VIII ZR 240/15). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and […]