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GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London www.grprainer.com/en explain: The Koblenz Higher Regional Court (judgment of 15 January 2013, Az.: 4 U 874/12) decided in favour of a purchaser whose house’s roof was affected by a marten infestation. A few months after the acquisition of the house, the purchaser discovered the damage.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: The HGB defines commercial agent as anyone who as an independent trader has continuing authority to mediate transactions for another businessman or conclude them in that person’s name. He has to deal with the duty to both endeavour to solicit this mediation or such a deal, as well as communications and the duty to furnish information in addition to other duties.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London www.grprainer.com/en explain: In the legal dispute, the client had hired an architect in order to obtain the planning approval for a family home. The client argued that the architect’s plan exceeded the budget plans provided by the client. Therefore this plan was not realized during the realisation of the building project. The architect then claimed for remuneration. The client rejected payment and stated that the plans have become useless to him.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London grprainer.com/en explain: Advertising is the most important element of the targeted influence on customers. Nevertheless, this is not free from legal restrictions. Therefore, companies must comply with legal provisions when placing their advertisements.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: In today’s world, temporary workers play a role of paramount importance. This is mainly attributed to the fact that companies can thereby reduce their own cost risks and operate in a more flexible manner. However, employers have to take into consideration that temporary workers can be entitled to the same wage as permanent employees.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: According to § 84 HGB, a commercial agent is an independent contractor whose permanent business is either to mediate business transactions for another business man or to conclude contracts on behalf of that person. That is why he is neither an employee nor an agent middle man (§ 93 HGB).

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: The GbR is a partnership based on a partnership agreement in order to support a purpose jointly pursued by the partners. There are only a few mandatory legal requirements for the GbR and it is up to the partners to shape the company through its memorandum of partnership. However, commitments of partners by a memorandum of partnership of a GbR can also be invalid in some circumstances.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: An architect has to delimit the economic framework for a construction project and consider the budget plans of the client with regards to the basic evaluation. In a judgement dated 21 March 2013 (Ref.no.: VII ZR 230/11), the Federal Court of Justice declared that, within the framework of the basic evaluation, an architect has to delimit the economic framework for a construction project with the client and that the client’s budget plans for the planning of the construction project have to be considered.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: By its judgment delivered the third of July 2012 (C-128/11) the European Court of Justice (ECJ) has decided that resale of licences for second hand software is in general possible, even if the licences in question have been downloaded from the internet. The Federal Court of Justice, Germany, had made a reference to the Court of Justice in order to interpret the directive on the legal protection of computer programs.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explain: Such considerations appear to have emerged from the BGH judgment dated 7 February 2012 (Az.:1 StR 525/11). The BGH thereby reversed a judgment of a regional court due to an error of law in calculating a penalty.