GRP Rainer LLP

Regulations of Commission for Trade Representative Contracts

LogoGRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt http://www.grprainer.com elaborates: The higher regional court in Munich (Az. 23 U 4793/11) decided on March 22nd 2012 that commission determining clauses can be ineffective in view of coexisting and simultaneously completed cooperation agreement and trade-agent contract. According to § 307 para. 1 sentence 2 BGB (Federal code of law) they can be invalid if they are contradictory.

In Principle No Right to Restitution of a Legacy Gifted During Lifetime - Law of Succession

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In its judgment dated January 9, 2014 (Az.: 10 U 10/13), the Higher Regional Court of Hamm (HRC) had to address the question of whether a person considered in a will can demand restitution of an asset gifted to a third party by the testator during the latter’s lifetime. In the instant case, a married couple had determined in a joint will that one of their two daughters should be due a semi-detached house after the death of the last surviving spouse. Following the death of the husband, the wife became the sole heiress. However, she thereafter conferred the semi-detached house upon her grandchild after a conflict arose between her and her daughter.

Incorrect Turnover Projections Can Justify Damages Claims - Franchise Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In its judgment of January 17, 2014 (Az.: 332 O 249/12), the Regional Court of Hamburg (RC) clarified that from the submission of incorrect or merely estimated turnover projections follows a pre-contractual breach of duty on the part of the franchisor which entails claims for damages. A franchisee raised an action before the RC Hamburg, pursuant to which the turnover achieved fell far short of the forecasted figures. The defendant franchisor had allegedly failed to point out to the plaintiff during the contractual negotiations that the submitted turnover figures were based only on estimations.

HRC Hamm: Vouchers as Unfair Competition - Competition Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – http://www.grprainer.com/en conclude: This kind of advertising constitutes unfair competition, according to the Higher Regional Court (HRC) of Hamm in its judgment of November 12, 2013 (Az.: 4 U 31/13). The HRC stated that this kind of vouchers would mislead the customer into breaching his contract with his insurer.

ECJ Judgment Makes Revoking Life Insurance Policies Easier Under Certain Circumstances - Insurance Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: The European Court of Justice (ECJ) has established in a ruling (Az.: Rs. C-209/12) the incompatibility of a rule from the German Insurance Contract Act with the life insurances directives of the European Union (EU). The disputed provision provides that the right of clients to withdraw expires one year after the first premium payment. This applies even if the consumer was not properly informed about the possibility of withdrawal in the context of the conclusion of a contract.

Remuneration for Overtime Only Where Employer Is Aware - Labour Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - http://www.grprainer.com/en conclude: An employee initially sued for payment of overtime before the Kaiserslautern Labour Court and then before the Mainz Regional Labour Court (LAG) (Az.: 5 Sa 257/13), however both Courts dismissed the claim. The plaintiff, an employed lawyer, argued that he had to work longer than contractually agreed on the cases assigned to him. The employer countered, on the one hand, that it was not aware of the extra work and, on the other hand, that the extra work had not been recognizable.

Infinus Group: Renewed Crackdown and Threat of Insolvency

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – http://www.grprainer.com/en conclude: The Infinus Group landed in the headlines at the end of 2013. Following a large-scale raid, various arrests were made. Accusations of fraud hang in the air. Around 25,000 investors are thought to have been cheated out of approx. 400 million euros by means of an elaborate system. A great deal of businesses belonging to the Dresden based Infinus Group subsequently filed for insolvency. Most of them are still involved in preliminary insolvency proceedings.

Wave of Insolvencies with Respect to König & Cie. Ship Funds

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – http://www.grprainer.com/en conclude: Bad news for investors in ship funds of the issuing house König & Cie. As reported by the “funds telegram”, the companies of the ships MS Stadt Schwerin (Az.: 5 IN 29/14), MS King Julius (Az.: 5 IN 19/14) and MS King Justus (5 IN 30/14) have been placed under insolvency administration.

Advisor Has to Demonstrate Any Disclosure of Errors in Leaflets - Capital Market Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – http://www.grprainer.com/en conclude: The Higher Regional Court (OLG) of Stuttgart delivered an opinion in a ruling (Az.: 7 U 95/12) on the burden of proof in cases of inaccurate leaflets. Thus, advice on the part of the advisor is negligent if he makes use of contractual documents or leaflets during the investment consultation and these feature mistakes or information gaps. It is the use and presentation of these inaccurate documents that constitute the advisor’s breach of duty, which can result in damages claims for the investor. According to the Court’s view, the breach of duty is only inapplicable if the advisor informs the clients about the mistakes in the leaflet during the consultation discussion. However, the burden of proof for this purpose lies not with the investor but rather with the advisor.

Termination by Regular Notice Due to Tax Evasion of Employee Effective - Labour Law

LogoGRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – grprainer.com/en conclude: The Kiel Labour Court (ArbG) ruled in a recent judgment (Az.: 2 Ca 1793 a/13; not yet legally binding) that unlawful actions of employees aimed at increasing their net earnings can justify dismissal. The employee who raised the action was said to have credited her additional work to two marginally employed workers and then had them pay out the money to her. In doing so, she obtained far greater net earnings. In court, the plaintiff stated that this accounting method was suggested to her by the responsible operations manager.