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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