Gesellschaft, Politik und Recht

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Sep
20

GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on

GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on Business succession is an issue that preys on the minds of many small and medium-sized enterprises and family-run businesses. Yet finding a suitable successor can prove challenging. In the coming years, business succession will be on the agenda of a lot of small … Weiterlesen »

Sep
17

GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes

GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes If a dispute among shareholders cannot be resolved, it is in the interests of all parties involved to come to a solution that does not jeopardize the company”s existence. While shareholders are usually in agreement about the strategy and objectives of the business when the company … Weiterlesen »

Sep
14

GRP Rainer Rechtsanwälte – Assessment of authorized dealers” right to claim compensation

GRP Rainer Rechtsanwälte – Assessment of authorized dealers” right to claim compensation Not unlike in the case of commercial agents, authorized dealers may also be entitled to claim compensation after their contract has been terminated. That being said, certain conditions need to be fulfilled in order for this to happen. There are no regulations that … Weiterlesen »

Sep
07

EGC upholds declaration of invalidity with respect to a design

EGC upholds declaration of invalidity with respect to a design In a ruling from March 14, 2018, the General Court of the European Union (EGC) upheld a declaration of invalidity with respect to a design. The reason: the design had already been made publicly available before its registration. A design encapsulates a product”s appearance; its … Weiterlesen »

Sep
04

BGH on managing directors” liability for competition violations

BGH on managing directors” liability for competition violations Managing directors may be liable for their company”s violations of competition law. Having said that, the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, has severely limited managing directors” liability (Az.: I ZR 242/12). Under earlier case law, the liability of managing directors in the event of competition violations … Weiterlesen »

Aug
31

BSG on mandatory social security contributions for managing directors

BSG on mandatory social security contributions for managing directors Mandatory social security contributions for managing directors are a controversial subject. The Bundessozialgericht (BSG), Germany”s federal supreme court in relation to social security matters, recently ruled that managing directors shall, as a rule, be deemed to be employees of a GmbH. The issue of mandatory social … Weiterlesen »

Aug
28

BGH – Misleading eye-catching advertising and significant purchasing decisions

BGH – Misleading eye-catching advertising and significant purchasing decisions An attention-grabbing or eye-catching advertisement needs to include a clear reference to correct possible erroneous preconceptions. According to the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, this is also true for economically significant purchases. If an attention-grabbing or eye-catching advertisement is liable to mislead consumers, this needs … Weiterlesen »

Aug
24

BFH – Withdrawal of a partner with neutral impact on profits

BFH – Withdrawal of a partner with neutral impact on profits In its rulings from May 16 and 30, 2017, the Bundesfinanzhof (BFH), Germany”s Federal Fiscal Court, has made it easier for a partner to withdraw from a partnership (Az.: IV R 31/14 and IV R 11/15). In the view of the Bundesfinanzministerium, Germany”s Federal … Weiterlesen »

Aug
21

Improper extension of a discount campaign

Improper extension of a discount campaign Caution is advised when extending a fixed-term discount campaign. Extending the campaign may constitute misleading advertising and thus a violation of competition law. There are good reasons for extending a fixed-term discount campaign. However, we at the commercial law firm GRP Rainer Rechtsanwälte note that this is only legal … Weiterlesen »

Aug
17

Competition law – The term “Praxisklinik” does not entail inpatient treatment

Competition law – The term “Praxisklinik” does not entail inpatient treatment A dentist is allowed to promote his or her homepage with the term “Praxisklinik”, i.e. “(practice) clinic”, even if they do not admit patients for extended periods of time as inpatients. That was the verdict of the Landgericht (LG) Essen, the Regional Court of … Weiterlesen »

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