State press releases - 59 news release online.

Corporate INTL Global Awards 2017: GRP Rainer receives awards for best law firm in the fields of commercial law and tax law

GRP Rainer Rechtsanwälte has once again received awards, this time for the year 2017, from Corporate INTL for best law firm in the fields of commercial law and tax law in Germany.

by Michael Rainer (2 days ago)
CJEU: Labour leasing through members of a sisterhood

The members of a sisterhood may also fall within the ambit of the regulations pertaining to what is termed labour leasing or temporary employment. That was the verdict of the Court of Justice of the European Union (CJEU) in its ruling of November 17, 2016 (Az.: C-216/15).

by Michael Rainer (4 days ago)
LAG Rheinland-Pfalz: Dismissal with immediate effect for causing serious offence valid

Seriously offending one’s work colleagues constitutes good cause justifying exceptional notice of dismissal with immediate effect. That was the verdict of the Landesarbeitsgericht (LAG) Rheinland-Pfalz [Regional Labour Court of Rhineland-Palatinate] (Az.: 4 Sa 350/15).

by Michael Rainer (7 days ago)
Removal and dismissal of a GmbH managing director

If a GmbH, a type of German private limited company, wishes to part company with a manging director, simply dismissing him won’t cut it. The managing director also needs to be removed from his post.

by Michael Rainer (8 days ago)
GRP Rainer Rechtsanwälte: Experience dealing with liability claims against GmbH managing directors

The managing director of a GmbH, a type of German private limited company, is exposed to considerable liability risks. Legal advice ought to be urgently sought to minimize these risks as well as in the event of something happening that raises the issue of liability.

by Michael Rainer (9 days ago)
Company officially removed from commercial register due to lack of assets

It is possible for the removal of a company from the commercial register to be instigated by the competent authorities due to a lack of assets. Those who wish to oppose such a move should act immediately.

by Michael Rainer (10 days ago)
BGH: GbR can terminate tenancy agreement if there is a need to make personal use of the property

A Gesellschaft bürgerlichen Rechts (GbR) [a type of German partnership constituted under civil law] is able to terminate a tenancy agreement if it needs to make use of the property itself. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its judgment of December 14, 2016 (Az.: VIII ZR 232/15).

by Michael Rainer (11 days ago)
Exemption from liability for GmbH managing directors

The managing director of a Gesellschaft mit beschränkter Haftung (GmbH), a type of private limited company in Germany, may be faced with liability claims if he breaches his obligations. That being said, it is possible under certain circumstances for him to request a full exemption from liability.

by Michael Rainer (14 days ago)
Business succession post inheritance tax reform

It was a long time coming before the reforms to inheritance tax became finalized. The legislation has since come into force with retrospective effect as of July 1, 2016. The reforms have ramifications for company heirs.

by Michael Rainer (16 days ago)
BAG: Fixed-term employment contract pursuant to court settlement

Even in the case of fixed-term employment contracts concluded pursuant to a court settlement, employers need to ensure that the fixed term is effective. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court.

by Michael Rainer (17 days ago)
BAG: Changes to employment contract

If an employer wishes to make changes to assurances made in relation to occupational pension schemes and employees add their signatures to a relevant amendment in the employment contract, then they are subsequently bound by this.

by Michael Rainer (18 days ago)
Competition law: Mandatory information in real estate advertising

Anyone who publishes real estate adverts without the requisite information relating to the energy performance certificate is in breach of competition law. That was the verdict of the Oberlandesgericht (OLG) Hamm [Higher Regional Court of Hamm].

by Michael Rainer (21 days ago)
CJEU to rule on holiday entitlement following employee"s death

Whether an employee’s holiday entitlement continues to exist after his death is still disputed. The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has since turned to the Court of Justice of the European Union (CJEU) for clarity on the matter.

by Michael Rainer (23 days ago)
Exceptional notice of dismissal for working hours fraud

Fraud relating to one’s working hours may constitute good cause justifying exceptional notice of dismissal. Having said that, a ruling of the Landesarbeitsgericht (LAG) Hamm [Regional Labour Court of Hamm] shows that for this to happen there needs to be admissible evidence to this end.

by Michael Rainer (24 days ago)
Severance package for GmbH shareholder

If a shareholder wishes to withdraw from a Gesellschaft mit beschränkter Haftung (GmbH), a type of German private limited company, this can give rise to disputes among the shareholders regarding the amount of any severance payment. This was the case, for instance, in proceedings before the Kammergericht (KG) Berlin (Higher Regional Court of Berlin).

by Michael Rainer (28 days ago)
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