State press releases - 75 news release online.

Exceptional notice terminating the employment relationship for good cause

Employers that wish to issue an employee with exceptional notice of dismissal need to be able to cite good cause for this action. Otherwise, the notice of dismissal is generally ineffective.

by Michael Rainer (5 days ago)
Bundeskartellamt imposes fines for illegal price fixing

Manufacturers are allowed to make non-binding price recommendation, but they cannot issue merchants with price specifications. Otherwise, they are in breach of antitrust law.

by Michael Rainer (6 days ago)
Bundeskartellamt imposes fines for vertical price-fixing agreements

The Bundeskartellamt, Germany’s Federal Cartel Office, has concluded the final proceedings in relation to price fixing in the food industry and, according to its own statements, imposed fines totalling around 18 million euros

by Michael Rainer (8 days ago)
GRP Rainer Rechtsanwälte: Reviewing franchise agreements

The key arrangements between franchisees and franchisors are set out in the franchise agreement. For this reason, both parties ought to closely scrutinize this document.

by Michael Rainer (9 days ago)
OLG Dresden: Representation or accompaniment at general meeting of shareholders

GmbH shareholders can be represented by a proxy at the general meeting of the shareholders. In addition, it may be permissible according to a ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden] for them to bring an adviser along to the meeting.

by Michael Rainer (13 days ago)
BGH on liability of managing directors if social security contributions not paid

The managing director of a GmbH, a type of German private limited company, is responsible for ensuring proper payment of social security contributions. Failure to fulfil his duties can render him personally liable.

by Michael Rainer (14 days ago)
Family foundations and business succession

Establishing a family foundation can be a sensible means of preventing disputes from arising among heirs as well as resolving the issue of business succession.

by Michael Rainer (15 days ago)
BAG on effectiveness of ordinary notice of dismissal issued as an alternative

The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has ruled that an ordinary notice of dismissal was effective despite a lack of information regarding when the employment relationship was to come to an end (Az.: 6 AZR 782/14).

by Michael Rainer (19 days ago)
BAG: Exceptional notice of dismissal for breach of trust effective

Even if the financial loss suffered due to an employee’s breach of duty is minor, the resulting breach of trust can justify exceptional notice of dismissal.

by Michael Rainer (21 days ago)
BAG on employer"s default of acceptance

A ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, shows that if an employee is at fault for not being able to carry out his work as prescribed in the employment contract, his right to payment of wages may lapse.

by Michael Rainer (23 days ago)
LAG Köln: Informally admonishing an employee not necessary before issuing formal written warning

An employer is allowed to issue a formal written warning without having previously informally rebuked an employee for his misconduct. That was the verdict of the Landesarbeitsgericht (LAG) Köln [Regional Labour Court of Cologne] (Az.: 12 Sa 381/16).

by Michael Rainer (26 days ago)
Misleading advertising: Exclusive must mean exclusive

If something is advertised as exclusive then it ought to remain exclusive. A ruling of the Landgericht (LG) Hamburg [Regional Court of Hamburg] demonstrates that a lack of touted exclusivity can render the advertising misleading.

by Michael Rainer (27 days ago)
OLG Frankfurt: The term "centre" potentially misleading

A ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] shows that difficulties can arise if there is a desire at a later date to change the name of a company which was taken over and its name carried forward (Az.: 20 W 411/12).

by Michael Rainer (28 days ago)
OLG Karlsruhe: "Lightly salted" not permissible in advertising

Advertising for packet soup for children featuring the statement “mild gezalsen” (lightly salted) is contrary to the Health Claims Regulation and therefore unlawful. That was the verdict of the Oberlandesgericht (OLG) Karlsruhe [Higher Regional Court of Karlsruhe] (Az.: 4 U 218/15).

by Michael Rainer (29 days ago)
BGH: Notarized agreement decisive, not the draft agreement

In cases of doubt, it is the notarized agreement that counts and not a draft contract whose content deviates from the former. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its judgment of June 10, 2016 (Az.: V ZR 295/14).

by Michael Rainer (a month ago!)
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