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GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: In its judgment of March 27, 2013 (Az.: 25 U 59/12), the Berlin Court of Appeal ruled that a lessor potentially renders itself liable to pay damages to a lessee if it does not point out to the latter the requirement to give notice of defects to the supplier where there are assigned warranty claims for defects. In the event that liability pertaining to the lease agreement, which is not a commercial transaction from the perspective of the lessee, is excluded therein for the lessor and the lessee is referred to the enforcement of warranty claims in sales law vis-à-vis the supplier, the lessor has to make sure that the requirement to give notice of defects to the supplier is excluded. Otherwise, it must at least give the lessee effective notice of this requirement.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: Someone acquiring a company always has a disadvantage in comparison with the vendor of the company in terms of vital company information such as earnings or sales. That is why the Due Diligence process has been developed for buyers. In practice, Due Diligence means “taking necessary caution”. This also establishes the measure of a Due Diligence analysis.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: A case decided by the Regional Court (LG) of Braunschweig (File number: 9 O 2637/12) concerned an agreement between two competing manufacturers of spirits. In their trademark delimitation agreement from 1974, the two companies had agreed on what colours could be used by which manufacturer in marketing the products. The plaintiff terminated the agreement in 2009. The reason it named was that market conditions had changed in the meantime, that contrary to the agreement signed at the time, the defendant and not the plaintiff was now connected with the colour of green, and that furthermore the sales figures had changed drastically. The defendant showed only declining sales, while the plaintiff had been able to expand its market share constantly. From the plaintiff’s point of view, this was enough reason for cancelling the agreement.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: In its decision of May 8, 2013 (Az.: I-3 Wx 47/12), the Higher Regional Court (OLG) of Düsseldorf ruled that doubt as to whether a will is authentic and holographic must be removed by means of an expert opinion comparing handwriting.

The Israeli-Palestinian conflict is one of the most entrenched conflicts in the world with disastrous consequences for all the people involved. Many substantial peace-making initiatives have been carried out but have failed to produce a lasting peace. The 22nd session of the Minds of Peace Mini Congress illuminated the stark differences between two sides. Not the two sides at the negotiating table though. The six Israelis and six Palestinians who met in Hamashbir Plaza, Jerusalem on October 24-25 worked to find common ground. Led by Minds of Peace founder Sapir Handelman and Palestinian moderator Ibrahim Enbawi, the Israeli delegation and the Palestinian delegation negotiated possible solutions to their struggle.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – grprainer.com/en conclude: The Federal Labour Court [Bundesarbeitsgericht / BAG], in its ruling (File number: AZR 907/11) dealt with the question whether claims by “latecomers” that were not yet registered when the insolvency court confirmed the insolvency plan, are to be excluded. In the present case, insolvency proceedings regarding the defendant’s assets were started in 2009 and discontinued in the same year. The finally confirmed insolvency plan excluded unregistered claims. The plaintiff, who had been employed by the defendant from 2007 to 2008 as a subcontract worker, filed a law suit in early 2011 for a higher settlement.

Choosing a diet plan that helps patients achieve extreme weight loss could mean a vast improvement in their weight-related health and an overall enhancement in their happiness and self-confidence. But, just because many programs promote extreme weight loss does not mean that every program is right for the patient’s personal dieting needs. Diet Doc created their hCG diet plans and use prescription strength hCG levels so that their clients can reach their extreme weight loss goals and address their own, personal underlying causes of weight gain in order to sustain their weight over time. Combining high hCG levels with healthy recipes helps to further ensure that patients adopt healthy eating habits and carry these habits into the future even once they have completed their diet program.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – grprainer.com/en conclude: Under the Insolvency Code (InsO), the trustee in bankruptcy – with regard to the assets covered by the creditor’s segregation rights – must also take into account the possibility of a more favourable disposal offered by the creditor for the totality of assets. This also includes, for example, a takeover by the creditor. If the trustee in bankruptcy does not take advantage of the more favourable disposal, the creditor must be positioned as if such a possibility had been taken advantage of.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: In its judgment of June 21, 2013 (Az.: I-16 U 172/12), the Higher Regional Court (OLG) of Düsseldorf commented on the prior jurisprudence regarding fiduciary duties between a manufacturer and a distributor. The manufacturer ought to be obliged to reasonably accommodate the needs worthy of protection of the distributor, which subordinates extensively not only its own activity but also its business operations and the invested capital to the interests of the manufacturer, and not contravene its interests without justifiable cause.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: In its judgment of June 4, 2013 (File number: II ZR 207.10), the Federal Supreme Court (BGH) ruled that an obligation by a financially incapable partner to repay considerable sums based on the partnership agreement of a private company, which the other partner contributes and which go to the partner’s husband who is acting in the interest of the company, is not contrary to common practice if the wife – due to her position as a partner – has an adequate financial interest in promoting the corporate purpose in connection with the payments.