Gesellschaft, Politik und Recht

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Sep
21

GRP Rainer Rechtsanwälte: Experience drafting Berliner Testaments

GRP Rainer Rechtsanwälte: Experience drafting Berliner Testaments Spouses ought to be afforded financial security in the event of their partner”s death. Many married couples want this to happen and therefore prepare a joint will, also referred to as a “Berliner Testament” (Berlin will). In the absence of a will or contract of inheritance, the rules … Weiterlesen »

Sep
18

BKA analyses Panama Papers – Voluntary disclosure for tax evasion

BKA analyses Panama Papers – Voluntary disclosure for tax evasion It has been known since the beginning of July that the Bundeskriminalamt (BKA), Germany”s Federal Criminal Police Office, has purchased what are referred to as the “Panama Papers” and is set to analyse the controversial information they contain. Those who are concerned they may have … Weiterlesen »

Sep
13

Straw man managing director held responsible for breaches of duty

Straw man managing director held responsible for breaches of duty Ignorance does not spare anyone from punishment. The Oberlandesgericht (OLG) Celle [Higher Regional Court of Celle] confirmed that this holds true for managing directors who are merely a front, ruling that they are liable for breaches of duty. In its judgment of May 10, 2017, … Weiterlesen »

Sep
08

BAG: No workplace surveillance using keyloggers without specific grounds

BAG: No workplace surveillance using keyloggers without specific grounds Monitoring an employee using a keylogger is only permissible if there are reasonable grounds for suspecting that an offence or a serious breach of duty has been committed. That was the verdict of the Bundesarbeitsgericht (BAG), Germany”s Federal Labour Court. A lot of workplaces are equipped … Weiterlesen »

Sep
05

Car cartel – Allegations against VW, Daimler and BMW

Car cartel – Allegations against VW, Daimler and BMW The suspicion was borne out: the car makers Volkswagen (VW), Audi, Porsche, Daimler and BMW are reported to have coordinated in relation to technology, suppliers and costs and formed a kind of car cartel. The German automobile industry could be faced with a huge scandal following … Weiterlesen »

Sep
01

Bogus application – No right to compensation

Bogus application – No right to compensation If someone submits a bogus application without serious intent in response to a job advertisement, they are not entitled to demand compensation if the employer violates Germany”s Allgemeine Gleichbehandlungsgesetz (AGG) [General Act on Equal Treatment]. It is increasingly common for applicants to submit an application without serious intent … Weiterlesen »

Aug
29

BGH on illegal health claims in the context of advertising food items

BGH on illegal health claims in the context of advertising food items In its ruling of March 29, 2017, the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, clarified once again that health claims cannot pertain to products and must relate to substances (Az.: I ZR 71/16). When it comes to promoting foods and foodstuffs with health … Weiterlesen »

Aug
23

Depiction of a protected trademark on the site map for a fair not a trademark violation

Depiction of a protected trademark on the site map for a fair not a trademark violation Merely using a third-party”s protected trademark on the site map for a fair does not constitute a violation of trademark law. That was the verdict of the Landgericht (LG) Köln [Regional Court of Cologne] in its ruling of March … Weiterlesen »

Aug
22

Loose slips of paper not a valid will according to KG Berlin

Loose slips of paper not a valid will according to KG Berlin When it comes to wills, it is important to observe certain formal requirements. According to the Kammergericht (KG) Berlin [Higher Regional Court of Berlin], a loose collection of notes cannot be considered a testamentary disposition. The formal requirements relating to a handwritten will … Weiterlesen »

Aug
21

Dismissal due to illness only possible in the case of a negative health prognosis

Dismissal due to illness only possible in the case of a negative health prognosis While it is a relatively widespread misconception that employees cannot be dismissed while they are sick, dismissal due to illness does require certain conditions be fulfilled. Employers can potentially dismiss employees even during a period of illness under certain circumstances. In … Weiterlesen »

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