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GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – grprainer.com/en conclude: In its judgement of November 25, 2013 (File number: 2 Sa 950/13), the State Labour Court (LAG) of Düsseldorf ruled that the loss of a doctoral title alone does not constitute a reason for dismissal. In the case in question, the State of North Rhine-Westphalia had decided that the employee was not authorized to use his doctoral title. He had acquired it at a private university in the USA, and he filed an action against the dismissal. The significant reason for the LAG’s decision was mainly the circumstances which did not indicate any wilful deceit by the employee.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London - grprainer.com/en conclude: In a judgment of March 21, 2013 (File number VII ZR 224/12), the Federal Supreme Court (BGH) commented on the inappropriateness of a notice period for sales representatives. Thus, a standard provision used against a part-time sales representative, according to which the termination of a contract after a term of three years should be permissible only with twelve months notice effective at the end of a calendar year, is to be invalid due to inappropriate discrimination. Already, such a provision had not stood up to judicial control of substance under section 307, subsection 1, Civil Code (BGB). Such a clause would inappropriately discriminate against the sales representative contrary to the principles of good faith.

During the holiday season, dieters often become discouraged with dieting and abandon weight loss altogether. Diet Doc hCG Diets & Weight Loss Plans reminds dieters that an individualized hCG diet plan from the company allows clients to load up on calories for two days, ideally Thanksgiving, and be finished with their diet by Christmas. In a single 30 day cycle, Diet Doc's clients report losing an average of nearly 1 pound per day, or 20 pounds per month, making an hCG diet from Diet Doc Weight Loss Plans a perfect fit for the holiday season. While the fall is increasingly discouraging for dieters, Diet Doc reminds those looking to lose weight fast during the time of plenty, or simply trying to maintain a healthy weight despite overeating, a Diet Doc weight loss plan can aid in both.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London grprainer.com/en explain: With its decision from 11 February 2013 (No.: 20 W 542/11), the higher regional court in Frankfurt, Germany made it clear that an arrow diagram does not qualify as a handwritten will and testament. As to the question of the effectiveness of the form a will and testament, a general requirement for effectiveness applies by which it is not only important whether or not the arrow diagram would have, in fact, been constructed by the testator.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In its ruling of October 17, 2012 (File No. VIII ZR 226/11), the 8th Civil Division of the Federal Supreme Court (BGB) has found that the judgment passed by the Court of Justice of the European Union (CJEU) of November 16, 2011 (File No. C-65/09. C-87/09) is not applicable to all contracts of sale between companies. For example, the cost of installation and dismantling is not to be refundable.

The liver, the body’s largest internal organ, plays a vital role in the body’s ability to chemically break down everything that enters the body, whether it is through food consumption, medications or dangerous environmental pollutants by producing bile, a yellowish-green digestive fluid that is stored in the gallbladder. Bile passes through the ducts to the small intestine where it plays a vital role in emulsifying fats. If the body becomes burdened with an overabundance of toxins and/or fats, the liver may become overwhelmed and sluggish which often leads to weight gain and difficulty losing unwanted weight.

With new studies from Johns Hopkins University revealing a strong correlation between Diabetes and heart disease, millions of Americans will be diagnosed with type 2 diabetes this year and many more are unaware that they are at a higher risk. Learning to eat healthy, avoiding sugary and high calorie foods, and losing excess weight play a key role in managing this disease, as well as avoiding its development. A study that was performed by Johns Hopkins, published in the journal Diabetes Care, and reported by Medical News Today, reveals that young and middle-aged women already diagnosed with type 2 diabetes are also at a much greater risk of developing coronary artery disease. Diet Doc’s prescription hCG diet plans teach patients how to manage this disease by fueling the body with nutritious food choices and losing excess weight, preventing type 2 diabetes from setting in, and hopefully lowering women's risk for heart disease in the process.

GRP Rainer Attorneys and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London grprainer.com/en explain: With its judgment from March 21, 2014 (file ref. no.: 6 U 170/12), the Higher Regional Court (OLG) Frankfurt decided that an injunctive relief should be granted to the trade-mark against a shopkeeper if the shopkeeper uses external brand names as a component of its own advertising. The Court had to decide this case in which the defendant was advertising with signs on which the brand name of the plaintiff was being used to campaign as part of the defendant’s advertising. The Court took the position that the trade-mark owner could be at risk that potential customers might assume that a contractual relationship may exist between the trader and the trade-mark proprietor.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London grprainer.com/en explains: In exercising its duty, the management board of a business has to take into account several obligations. In this context, the application of the level of care taken by a prudent and conscientious business manager is top priority. It must measure itself against this benchmark. Within the framework of possible litigation for damages, the burden of proof lies with the management board in cases of doubt. However, the BGH has already indicated in a few judgments that the management board’s duty of care is to be understood broadly for the purposes if its corporate activities.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: That is what the Federal Labour Court ruled (File number: 10 AZR 177/12). The judgement came in a dispute between an employer and an employee. The employer had paid his employees, who were under an employment contract, additional voluntary benefits such as a Christmas bonus. The employer argued that these payments were made without a commitment for the future and should be considered on a case by case basis. The employer did pay a Christmas bonus from 2004 to 2008. He also claimed that these payments were expressly made with a further explicit notification that they constituted no future obligation. When in 2009, the employer paid no Christmas bonus due to financial circumstances, the employee filed an action.