Press Release Archive

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Press Releases from GRP Rainer LLP: (48 total)

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21.09.17 - GRP Rainer LLP

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 joint will, also referred to as a “Berliner ... mehr

13.09.17 - GRP Rainer LLP

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 are merely a front, ruling... mehr

14.08.17 - GRP Rainer LLP

Submit a voluntary declaration leading to immunity for tax evasion while you still can

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 declaration actually lead to immunity. A lot of ta... mehr

10.08.17 - GRP Rainer LLP

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 has good cause for doing so, an employer can terminate an emp... mehr

07.08.17 - GRP Rainer LLP

GRP Rainer Rechtsanwälte: Experience in enforcing claims following trademark violations

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 arising from trademark violations. Tra... mehr

03.08.17 - GRP Rainer LLP

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 conclusion that the internet comp... mehr

01.08.17 - GRP Rainer LLP

Dismissal with immediate effect after constantly working up working hours deficit

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 contract, otherwise they m... mehr

27.07.17 - GRP Rainer LLP

Anti-competitive advertising featuring flat rate for tooth cleaning and bleaching

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 at a fixed flat rate are ... mehr

11.07.17 - GRP Rainer LLP

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 officers’ (D&O) liability. When a crisis or insolve... mehr

30.06.17 - GRP Rainer LLP

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

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 severe penalties. In March, the ... mehr

14.06.17 - GRP Rainer LLP

GRP Rainer Rechtsanwälte: Assessing obligation to make social security payments in the case of managing directors

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 obligation to make social securi... mehr

13.06.17 - GRP Rainer LLP

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 decision of the European Union Intellect... mehr

12.06.17 - GRP Rainer LLP

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 apply. In that case, the first to inherit are the ... mehr

08.06.17 - GRP Rainer LLP

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 law, as demonstrated by a ruling of the Oberland... mehr

07.06.17 - GRP Rainer LLP

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 the year 201... mehr

29.05.17 - GRP Rainer LLP

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 judgment of Septembe... mehr

29.05.17 - GRP Rainer LLP

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 Regional Court of Hamm], quoting only part of the... mehr

19.05.17 - GRP Rainer LLP

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 tax dodgers, voluntary disclosure remains the only w... mehr

11.05.17 - GRP Rainer LLP

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 has in fact occurred. Trademar... mehr

09.05.17 - GRP Rainer LLP

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 (OLG) Köln [Higher Regional Court of ... mehr

21.04.17 - GRP Rainer LLP

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), Germany’s Federal Labour Court, from March 28, ... mehr

19.04.17 - GRP Rainer LLP

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

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 against tax evasion. It remains possible for tax evaders to su... mehr

13.04.17 - GRP Rainer LLP

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

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 of the Bundesarbeitsgericht (BAG), ... mehr

12.04.17 - GRP Rainer LLP

BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

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 Supreme Court, in its ruling ... mehr

31.03.17 - GRP Rainer LLP

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 without notice. GRP Rainer Lawyers and ... mehr

30.03.17 - GRP Rainer LLP

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, ... mehr

27.03.17 - GRP Rainer LLP

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 notice of dismissal is generally ineffective. GRP Rain... mehr

23.03.17 - GRP Rainer LLP

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 Lawyers and T... mehr

16.03.17 - GRP Rainer LLP

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 of the Oberlandesgericht (OLG) Dresden [Higher Regi... mehr

10.03.17 - GRP Rainer LLP

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 employment relationship ... mehr

08.03.17 - GRP Rainer LLP

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 dismissal. GRP Rainer Lawyers and Tax Advisors in C... mehr

06.03.17 - GRP Rainer LLP

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 his work as prescribed in the employment contract, h... mehr

02.03.17 - GRP Rainer LLP

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 a lack of touted exclusivity can rende... mehr

01.03.17 - GRP Rainer LLP

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 date to change the name of a company which was ... mehr

24.02.17 - GRP Rainer LLP

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 verdict of the Bundesgerichtshof (BGH), Germany’s Federal S... mehr

23.02.17 - GRP Rainer LLP

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 been taken expire at the end of the ref... mehr

14.02.17 - GRP Rainer LLP

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 assets. Those who wish to oppose such a move should act immediat... mehr

10.02.17 - GRP Rainer LLP

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 he breaches his obligations. That being sa... mehr

08.02.17 - GRP Rainer LLP

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 of July 1, 2016. The reforms have ramifications... mehr

07.02.17 - GRP Rainer LLP

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 was the verdict of the Bundesarbeitsgerich... mehr

31.01.17 - GRP Rainer LLP

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 [Regional Labour Court o... mehr

26.01.17 - GRP Rainer LLP

Bundeskartellamt investigates ticket allocation for international football fixtures

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 of linking the... mehr

25.01.17 - GRP Rainer LLP

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 verdict of the Landgericht (LG) Frankfurt [... mehr

24.01.17 - GRP Rainer LLP

GmbH and establishing a supervisory board later on

If a GmbH decides to set up a supervisory board at a later stage, this needs to be certified by a notary and entered into the commercial register even if there is an opening clause. GRP Rainer Lawyer... mehr

20.01.17 - GRP Rainer LLP

GRP Rainer Rechtsanwälte: Experience in enforcing antitrust claims

Parties that have suffered loss as a result of the truck cartel are entitled to compensation. The law firm GRP Rainer Rechtsanwälte has the requisite experience in enforcing these kinds of claims. G... mehr

18.01.17 - GRP Rainer LLP

Remedying defects and shifting the burden of proof: BGH bolsters buyers’ rights

The Bundesgerichtshof (BGH), Germany’s Federal Court of Justice, has strengthened the rights of buyers and consumers in two recent rulings in the event of defects occurring in the object of sale (Az... mehr

10.01.17 - GRP Rainer LLP

Dismissal with the option of altered conditions of employment: Clarity of revised offer

A notice of dismissal with the option of altered conditions of employment terminates the employment relationship as constituted based on the conditions in place up until that point in time. At the sa... mehr

06.01.17 - GRP Rainer LLP

BAG on collective redundancies and consultation process

If the works council no longer indicates a willingness to continue negotiations to prevent collective redundancies, the employer can consider the consultation process pursuant to sec 17(2) of the Kün... mehr

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