ReleaseWire Connect

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: The path to attaching debtor’s claims only represents one of the creditor’s possibilities for enforcing his rights. The law of compulsory enforcement provides creditors with yet more ways to facilitate the enforcement of their claims. The legal basis for compulsory enforcement is found in the Code of Civil Procedure (Zivilprozessordnung (ZPO)), in which its requirements are regulated. These must be satisfied so that the creditor can attach debtor’s claims.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: In its judgment of 25 May 2011 (Az. IV ZR 117/09), the Federal Supreme Court ultimately dismissed the legal action submitted by a retail firm against one of the market-leading companies in the field of transporting money and valuables. The complainant sought through its legal action the insurance benefits from a purchased transportation insurance policy. The action had already been rejected by the competent appellate court and now the complainant’s appeal has also not been met with success.

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen Nuremberg and London www.grprainer.com/en conclude: In its decision of 14 April 2010 (Az. 6 U 46/09), the Karlsruhe Higher Regional Court rejected the protection of screen masks. The Higher Regional Court had to rule on the design of two screen masks. The complainant is arguably the market leader for the distribution of travel agency software. It brought an action against a competitor in this sector which allegedly distributes virtually identical screen masks for travel bookings. In the view of the complainant, the screen mask is likely to be an imitation. On this basis, the complainant then lodged claims under copyright before the Court against the competitor.

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen Nuremberg and London www.grprainer.com/en conclude: Should it be the case that the original will disappears, the volition of the testator may be proven otherwise. According to the judicial decision it will henceforth be possible to verify the order of succession effectively by providing a copy of the will, provided that the will undoubtedly originates from the testator. It is moreover to be detected whether the testator wanted the original will to disappear, because that would equal a revocation.

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen Nuremberg and London www.grprainer.com/en conclude: The Higher Labour Court of Rheinland-Pfalz determined in its decision from April 30th 2012 (AZ: 5 Sa 687/11) that personnel talks between employer and employee are subject to a special mutual trust. However, this trust is strongly disturbed if the employee makes audio recordings with a mobile phone during the personnel talk.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and London www.grprainer.com/en conclude: The Federal Supreme Court in its statement made reference to the Stock Corporation Act (AktG). According to it, a premature reappointment of a corporation board member for five years is permitted in case of an amicable resignation without special reasons. For this purpose, the Supervisory Board should no longer be bound by the provisions of the Stock Corporation Act. Furthermore, it is necessary to decide at least every five years on the renewal of the board member appointment.

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen and Nuremberg grprainer.com/en conclude: To enforce your claims to debtors, it is necessary to make sure that the necessary conditions for the enforcement are available. The conditions of enforcement are regulated by the Civil Procedure Code (ZPO). When these requirements are fulfilled, the creditor may request the competent execution court to seize assets of the debtor. The executing court jurisdiction depends basically on the domicile of the debtor.

A protective clause concerning compulsory parts must be interpreted as sufficient so that a corresponding earnest request of the compulsory portion against the heirs automatically triggers the protected right.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and London www.grprainer.com/en conclude: According to the court, a premature reappointment of a board member of a corporation for five years is permitted in case of an amicable resignation without special reasons. For this purpose, the supervisory board should not be bound by the provisions of the Stock Corporation Act (AktG). Furthermore, it is necessary to decide at least every five years on the renewal of the appointment of board member.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and London grprainer.com/en conclude: In their judgment from 07/18/2012 (case No. 1 BvL 16/11) the judges assumed that the discrimination of registered partners against spouses that existed in connection with the real estate purchase tax violates the constitution. Only spouses benefited from the change in the land purchase tax rates as applied to realty transfers before 2010 while registered partners were not covered by these benefits. In addition, for old cases starting from 2001 that are affected by this tax, there was a supplementary privilege rule.