Gesellschaft, Politik und Recht

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Jul
05

Heirs within a patchwork family

Heirs within a patchwork family Patchwork families, also known as blended families, are no longer a rarity today, yet succession law has yet to adapt to this development. According to the rules of intestate succession, stepchildren come away empty-handed. Society has changed substantially over the last few decades. In addition to the traditional family model, … Weiterlesen »

Jul
04

GmbH shareholder”s rights of access and inspection

GmbH shareholder”s rights of access and inspection The shareholders of a GmbH, a type of German private limited company, have extensive rights to information that go beyond the general meeting of the shareholders, and they are able to exercise their rights of access and inspection. GmbH shareholders entrust the managing director with the fate of … Weiterlesen »

Jun
27

No discrimination – Local authority position for equal opportunity officer only open women

No discrimination – Local authority position for equal opportunity officer only open women Germany”s General Act on Equal Treatment, aka the allgemeine Gleichbehandlungsgesetz (AGG), is supposed to protect against discrimination, e.g. on the basis of gender. That being said, exceptions can be made, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Schleswig-Holstein [Regional Labour … Weiterlesen »

Jun
25

BGH: Removal of a shareholder managing director for good cause

BGH: Removal of a shareholder managing director for good cause When it comes to the removal of a shareholder managing director of a GmbH, a type of German private limited liability company, for good cause, it is a matter of whether there was in fact good cause at the time the decision was taken. Disputes … Weiterlesen »

Jun
15

Prohibited advertising for homeopathic medicinal products featuring promise of success

Prohibited advertising for homeopathic medicinal products featuring promise of success The Oberlandesgericht (OLG) München [Higher Regional Court of Munich] has ruled that promoting a homeopathic medicinal product with a promise of success is prohibited and a violation of competition law. For a homeopathic medicinal product to be approved, it is not necessary for its effectiveness … Weiterlesen »

Jun
14

OLG Frankfurt on misleading food advertising

OLG Frankfurt on misleading food advertising Foods are not allowed to give consumers false impressions concerning their ingredients. That being said, not every ambiguity is automatically considered to be misleading to consumers. Consumers are not allowed to be misled regarding a food”s ingredients. That was the verdict of the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, … Weiterlesen »

Jun
12

Technical function not enough for trademark protection

Technical function not enough for trademark protection According to trademark law, it is not possible to register marks as trademarks if they consist exclusively of a shape that is necessary to obtain a technical result. Coffee capsules can be purchased in every supermarket, but not all coffee capsules are created equally. Only one provider was … Weiterlesen »

Jun
08

GRP Rainer Rechtsanwälte – Taking out D&O insurance

GRP Rainer Rechtsanwälte – Taking out D&O insurance Taking out a D&O insurance policy for a company”s executive bodies is a crucial step to reducing the risk of personal liability. Managing directors, executive and supervisory boards as well as other executive bodies within a company are subject to a significant risk of liability. Mere negligence … Weiterlesen »

Jun
05

GRP Rainer Rechtsanwälte – Experience in directors” liability cases

GRP Rainer Rechtsanwälte – Experience in directors” liability cases Managing directors of a GmbH, a type of German private limited company, may be liable in the event of insolvency. A common bone of contention is the matter of payments made by the managing director after the onset of insolvency. We at the commercial law firm … Weiterlesen »

Mai
28

GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament

GRP Rainer Rechtsanwälte – Assessment of a Berliner Testament Spouses frequently draft a Berliner Testament, literally a “Berlin will”, by mutually appointed each other as sole heirs. Before doing so, it ought to be examined whether a Berliner Testament is the most appropriate form. There are a number of advantages to a Berliner Testament for … Weiterlesen »

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