Gesellschaft, Politik und Recht

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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 »

Aug
13

LAG Hamm – Prohibited surveillance in the workplace

LAG Hamm – Prohibited surveillance in the workplace Monitoring employees using video surveillance is only permitted within narrow boundaries. Illegal recordings cannot therefore be used as evidence in the context of workplace legal disputes. There are justifiable reasons for monitoring the workplace using video cameras. Particularly in areas which are accessible to the public such … Weiterlesen »

Aug
06

Power of attorney can constitute a valid will

Power of attorney can constitute a valid will It is possible for a power of attorney to constitute a valid will. That was the verdict of the Oberlandesgericht (OLG) Hamm, the Higher Regional Court of Hamm, in a ruling from May 11, 2017 (Az.: 10 U 64/16). A will should always be clearly recognizable as … Weiterlesen »

Aug
03

Breach of duty by management – Special audit in cases involving a GmbH

Breach of duty by management – Special audit in cases involving a GmbH If there is reason to suspect that management has breached its duties, the shareholders of a GmbH, a type of a German private limited company, can request that a special audit be carried out. We at the commercial law firm GRP Rainer … Weiterlesen »

Jul
27

BGH – Abuse of superior market power is a violation of antitrust law

BGH – Abuse of superior market power is a violation of antitrust law If a company abuses its market power, this constitutes a violation of antitrust law. In a ruling from January 23, 2018, the Bundesgerichtshof (BGH), Germany”s Federal Supreme Court, has bolstered the Bundeskartellamt, Germany”s Federal Cartel Office (Az.: KVR 3/17). Companies with superior … Weiterlesen »

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 »

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