Gesellschaft, Politik und Recht

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Jul
19

Commercial agent”s right to claim compensation in the case of past clients

Commercial agent”s right to claim compensation in the case of past clients The commercial agent”s right to claim compensation in the event of turnover increases with past clients comes up time and time again as a contentious issue. A ruling of the Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, has now bolstered the … Weiterlesen »

Jul
18

GRP Rainer Rechtsanwälte – Report on D&O insurance

GRP Rainer Rechtsanwälte – Report on D&O insurance In cases where damage or injury has occurred, it is increasingly common for the issue of D&O liability to take centre stage. For this reason, many companies have taken out a D&O insurance policy for their managers. Besides a great deal of responsibility, a company”s governing bodies … Weiterlesen »

Jul
17

GRP Rainer Rechtsanwälte – Experience with right of authorized dealer to claim compensation

GRP Rainer Rechtsanwälte – Experience with right of authorized dealer to claim compensation Like commercial agents, authorized dealers may also be entitled to claim compensation after the relevant agreement has been terminated. For this to happen, certain conditions need to be fulfilled. Unlike commercial agents, authorized dealers operate under their own name and for their … Weiterlesen »

Jul
13

GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment

GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment Businesses are not allowed to abuse their dominant market position, as this constitutes a violation of antitrust law. The key issue that requires assessment is when this kind of abuse has occurred. Abuse of a dominant market position constitutes a violation of … Weiterlesen »

Jul
10

GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency

GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency One of a managing director”s duties is filing for insolvency on time. If this duty is breached, the managing director may be held personally liable. Under no circumstances should managing directors ignore signs of imminent insolvency, as filing for insolvency in a … Weiterlesen »

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 »

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