OLG Köln: Advertising risks and side effects of pharmaceuticals

As demonstrated by a ruling of the Oberlandesgericht (OLG) Köln [Higher Regional Court of Cologne] from July 1, 2016, associated risks and side effects need to be taken into account not only in relation to medications but also advertising for pharmaceuticals (Az.: 6 U 151/15). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Loan withdrawal: BGH pulls rug out from under banks and savings banks

According to a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, from July 12, it is possible to effectively withdraw from loan agreements featuring the wording that the withdrawal period shall commence “frühestens mit dem Erhalt dieser Belehrung” [at the earliest upon receipt of this guidance] (Az.: XI ZR 564/15). GRP Rainer Lawyers […]

Michael RainerManaging Partner, MTR Rechtsanwälte

OLG Düsseldorf: Boost for consumers withdrawing from loans

Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Employee share scheme

Designing and implementing share incentives is a specialist focus for us. The area is complicated involving usually an overlap of tax, share valuation and legal knowledge coupled with empathy for those being incentivised. If you browse our case studies you may see that we are well placed to advise you. Employee share scheme for employers […]

Employee share scheme

Designing and implementing share incentives is a specialist focus for us. The area is complicated involving usually an overlap of tax, share valuation and legal knowledge coupled with empathy for those being incentivised. If you browse our case studies you may see that we are well placed to advise you. Employee share scheme for employers […]

BGH: Lack of manufacturer’s warranty when purchasing a car may represent a material defect

The lack of a manufacturer’s warranty when purchasing a used vehicle may represent a material defect that justifies the buyer rescinding the purchase agreement. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Commercial law of tenancy and lease: Significant changes require written form

Proper written form should always be observed when it comes to commercial tenancy and lease agreements. Oral agreements may not be effective in cases where there is doubt, as demonstrated by a recent ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden]. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

OLG Rostock: Application of Pflichtteilsstrafklausel in a will

If, after becoming aware of what is termed a “Pflichtteilsstrafklausel” (compulsory portion penalty clause), an heir refrains from asserting his right to a compulsory portion of the estate, he will not be limited to this compulsory portion in the event of succession. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, […]

Michael RainerManaging Partner, MTR Rechtsanwälte

Inheritance: Gifts during testator’s lifetime to be considered for purposes of compulsory portion

A testator who makes a gift during his lifetime may give rise to tax advantages. However, any gifts need to be taken into account when calculating the compulsory portion. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Gifts during the testator’s lifetime can be a […]

Michael RainerManaging Partner, MTR Rechtsanwälte

D&O insurance: BGH bolsters policyholders‘ rights

Claims arising from a D&O (Directors & Officers) insurance policy can be ceded to the employer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, in its ruling of April 13, 2016 (Az.: IV ZR 304/13). GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart […]

Michael RainerManaging Partner, MTR Rechtsanwälte