Gesellschaft, Politik und Recht

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Jan
21

German Finance Ministry confirms simplification of input tax deduction from invoices

German Finance Ministry confirms simplification of input tax deduction from invoices Following the decision of the Bundesfinanzhof (BFH) to simplify the deduction of input VAT from invoices, the Federal Ministry of Finance (BMF) confirmed in a circular dated 7 Dec 2018 that it will be applying this case law. In judgments from 21 June 2018, … Weiterlesen »

Jan
16

Legality of advertising with statements on the effects of medical treatments

Legality of advertising with statements on the effects of medical treatments Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. Advertisements featuring health claims are subject to stringent requirements regarding … Weiterlesen »

Jan
15

ECJ – Distinctive character necessary for registration as EU trade mark

ECJ – Distinctive character necessary for registration as EU trade mark For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018. According to … Weiterlesen »

Jan
14

ECJ on the protection of geographical indications of origin

ECJ on the protection of geographical indications of origin As in the case of trade marks, it is similarly possible to protect geographical indications of origin (GIOs). A decision of the ECJ from 19 December 2018 shows that this protection can be extensive (Az.: C-367/17 S). Consumers may associate GIOs with a certain quality. We … Weiterlesen »

Jan
14

BAG – Employers can claw back bonus payments

BAG – Employers can claw back bonus payments The Bundesarbeitsgericht (BAG), Germany“s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances. It is common for employment contracts to include provisions on collectively agreed bonus payments, for instance when employers promise to pay … Weiterlesen »

Jan
07

M&A – Tighter rules for foreign investors entering German market

M&A – Tighter rules for foreign investors entering German market While corporate mergers and acquisitions boomed in 2018, investors from outside of the EU will now have a more difficult time joining or acquiring German businesses. At the end of 2018, the German federal government passed an amendment to the Außenwirtschaftsverordnung (AWV), Germany“s Foreign Trade … Weiterlesen »

Jan
03

OLG Frankfurt – Selective prohibition on sale of luxury items online allowed

OLG Frankfurt – Selective prohibition on sale of luxury items online allowed A supplier of luxury perfumes is allowed to prohibit its distribution partners from promoting and selling its products online via third party platforms. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. The OLG Frankfurt“s decision was … Weiterlesen »

Dez
28

Antitrust violations – BGH bolsters the rights of aggrieved parties

Antitrust violations – BGH bolsters the rights of aggrieved parties In a ruling from 12 June 2018, the Bundesgerichtshof (BGH), Germany“s Federal Supreme Court, has facilitated the enforcement of damages claims in response to violations of antitrust law with respect to the statute of limitations for claims (Az.: KZR 56/16). Cartel members obtain advantages from … Weiterlesen »

Dez
17

Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines

Illegal price-fixing in the stainless steel sector – Bundeskartellamt imposes fines The Bundeskartellamt, Germany“s Federal Cartel Office, has imposed fines totaling approx. 205 million euros on several companies and their responsible directors and officers in the stainless steel sector in response to illegal price-fixing arrangements. On 12 July 2018, the Bundeskartellamt announced that it was … Weiterlesen »

Dez
10

GRP Rainer Rechtsanwälte – Report on authorized dealer“s entitlement to compensation

GRP Rainer Rechtsanwälte – Report on authorized dealer“s entitlement to compensation Under certain circumstances, an authorized dealer may be entitled to claim compensation after termination of the contract with the company if the latter continues to be able to use its business contacts. In our experience at the commercial law firm GRP Rainer Rechtsanwälte, it … Weiterlesen »

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