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Press Releases from GRP Rainer LLP (55 total)

GRP Rainer Rechtsanwälte – Experience in establishing companies

Choosing the right corporate form when establishing a company can contribute a great deal to the economic success of the business. We at the commercial law

OLG Köln: Will written with non-dominant hand valid

It is possible for a will to be valid even if it was written with the hand one does not normally write with. That was

OLG Köln: Only serious misconduct justifies withdrawal from contract of inherit …

Apart from a will, it is also possible to prepare a contract of inheritance as a way of organizing one’s estate. It should be noted,

Commercial agent’s claim for compensation following voluntary termination

A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give

Insolvency: BGH bolsters creditors‘ rights

Good news for creditors of an insolvent business partner: In its ruling of June 22, 2017, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has bolstered

Make arrangements for inheritance early on in patchwork families

The number of what are referred to as patchwork or blended families is increasing, with these sometimes giving rise to problems in inheritance cases. For

Wills in cases involving childless married couples

Those who wish to play it safe when it comes to the subject of inheritance ought not to rely on the rules of intestate succession

GRP Rainer Rechtsanwälte: Experience drafting Berliner Testaments

Spouses ought to be afforded financial security in the event of their partner’s death. Many married couples want this to happen and therefore prepare a

Straw man managing director held responsible for breaches of duty

Ignorance does not spare anyone from punishment. The Oberlandesgericht (OLG) Celle [Higher Regional Court of Celle] confirmed that this holds true for managing directors who

Submit a voluntary declaration leading to immunity for tax evasion while you sti …

A voluntary declaration leading to immunity for tax evasion needs to be tailored to the exact circumstances of a given case. Only then can voluntary

Dismissal with immediate effect for competing business activity valid

If an employee acquires a major stake in a rival firm, his employer can issue him with a notice of dismissal with immediate effect. If it

GRP Rainer Rechtsanwälte: Experience in enforcing claims following trademark vi …

If a registered trademark is infringed, it is possible to take action against this. GRP Rainer Rechtsanwälte is experienced in enforcing and fending off claims

European Commission imposes fine on Google for antitrust violations

The European Commission has imposed a fine totalling 2.42 billion euros on the internet giant Google for violating antitrust law. The European Commission came to the

Dismissal with immediate effect after constantly working up working hours defici …

Flexible working hours are commonplace in many companies today. Notwithstanding this, employees must perform the work they owe to their employer pursuant to their employment

Anti-competitive advertising featuring flat rate for tooth cleaning and bleachin …

According to a ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] from July 21, 2016, dentists offering tooth cleaning or bleaching services

GRP Rainer Rechtsanwälte: Assessing managers’ liability risk

Company managers bear a high level of not only responsibility but also risk. Various measures can be taken to reduce the risk of directors’ and

GRP Rainer Rechtsanwälte: Experience in antitrust law – 9th amendment to the …

Antitrust law is not something that merely concerns large corporations. It also affects small and medium-sized businesses. Violations of antitrust law can be met with

GRP Rainer Rechtsanwälte: Assessing obligation to make social security payments …

Whether a managing director is obliged to make social security contributions depends on various factors. GRP Rainer Rechtsanwälte has carried out an assessment of the

Trademark law – Pear too strong a reminder of an apple

One cannot compare apples and pears, at least not according to the equivalent German expression for comparing apples and oranges. However, as demonstrated by a

Properly preparing a will

There are clear rules in Germany determining who will inherit. In the absence of a will or contract of inheritance, the rules of intestate succession

OLG Hamburg on misleading advertising – No fees means no fees

If something is promoted as being free, then it should in fact be free. Otherwise, this kind of advertising might be misleading and violate competition

Making timely arrangements for business succession

The demographic trend poses a serious challenge to medium-sized businesses, particularly in relation to the unavoidable issue of making arrangements for business succession. A study from

BAG: Exceptional notice of dismissal effective if there is video evidence

Even covert video footage can potentially justify exceptional notice of dismissal. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in its

Competition law: Goods on display must feature total price on label

The final cost of goods on display needs to be readily apparent to customers. According to a recent ruling of the Oberlandesgericht (OLG) Hamm [Higher

Purchase of further tax CDs possible – Voluntary disclosure for tax evasion

Since 2010, the German exchequer has reeled in a nationwide total of around six billion euros by way of voluntary declarations for tax evasion. For

GRP Rainer Rechtsanwälte – Assessing trademark violations

Protecting your brand is crucial. One ought to take resolute action against trademark violations. That being said, you should first assess whether a trademark violation

OLG Köln: Heir must be defined with sufficient clarity in will

Testators need to define their heirs with sufficient clarity in wills, because the will might otherwise be invalid. That was the verdict of the Oberlandesgericht

BAG: Dismissal at request of works council

It is possible for a works council to push through the dismissal of an employee, as demonstrated by a recent ruling of the Bundesarbeitsgericht (BAG),

Tax dodgers under pressure – Way out of tax evasion is through voluntary discl …

While the number of voluntary declarations for tax evasion is easing off, the same cannot be said of the efforts being put into the fight

BAG: Post-contractual prohibition on competition invalid without a waiting allow …

Post-contractual prohibitions on competition that do not provide for compensation for this period, i.e. a waiting allowance, are null and void. That was the verdict

BGH: Health claims in relation to mineral water need to comply with the Health C …

Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germany’s Federal

LAG Hamm: Dismissal without notice for breaching duties to cooperate effective

Employees have duties to cooperate. These can also cover examinations by company doctors. If these duties are breached, there is then the prospect of dismissal

BAG on discrimination under Germany’s General Equal Treatment Act

Not every instance of disabled employees being treated differently constitutes illegal discrimination, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court,

Exceptional notice terminating the employment relationship for good cause

Employers that wish to issue an employee with exceptional notice of dismissal need to be able to cite good cause for this action. Otherwise, the

Bundeskartellamt imposes fines for illegal price fixing

Manufacturers are allowed to make non-binding price recommendation, but they cannot issue merchants with price specifications. Otherwise, they are in breach of antitrust law. GRP Rainer

OLG Dresden: Representation or accompaniment at general meeting of shareholders

GmbH shareholders can be represented by a proxy at the general meeting of the shareholders. In addition, it may be permissible according to a ruling

BAG on effectiveness of ordinary notice of dismissal issued as an alternative

The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, has ruled that an ordinary notice of dismissal was effective despite a lack of information regarding when the

BAG: Exceptional notice of dismissal for breach of trust effective

Even if the financial loss suffered due to an employee’s breach of duty is minor, the resulting breach of trust can justify exceptional notice of

BAG on employer’s default of acceptance

A ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, shows that if an employee is at fault for not being able to carry out

Misleading advertising: Exclusive must mean exclusive

If something is advertised as exclusive then it ought to remain exclusive. A ruling of the Landgericht (LG) Hamburg [Regional Court of Hamburg] demonstrates that

OLG Frankfurt: The term “centre” potentially misleading

A ruling of the Oberlandesgericht (OLG) Frankfurt [Higher Regional Court of Frankfurt] shows that difficulties can arise if there is a desire at a later

BGH: Notarized agreement decisive, not the draft agreement

In cases of doubt, it is the notarized agreement that counts and not a draft contract whose content deviates from the former. That was the

Expiration of holiday entitlements: BAG appeals to European Court of Justice

It is common for disputes to arise under employment law concerning compensation in lieu of holiday entitlements. According to German law, holidays that have not

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

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

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

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

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

Bundeskartellamt investigates ticket allocation for international football fixtu …

The Deutscher Fußballbund (DFB) [German Football Association] continues to attract the attention of the Bundeskartellamt, Germany’s Federal Cartel Office. This is due to the practice

Eye-catching advertising featuring misleading guarantee promises

Advertising featuring a guarantee can be misleading if the guarantee promise is linked to conditions that are not clearly visible to consumers. That was the

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