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GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: Enforcement order procedures are also considered legal proceedings. They should facilitate the simply and fast enforcement of claims. The enforcement order procedure should make it possible to enforce claims for money without raising a legal action. Accordingly, an enforcement order is issued at the end instead of a judgment being pronounced. Moreover, the costs are overall lower than they can be in a normal civil procedure with the submission of a legal action.

If the condition of the item purchased deviates not insignificantly from its specified condition, then the purchaser can assert extensive rights.

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: Prior to the marriage ceremony, couples should consider executing a prenuptial agreement. The prenuptial agreement is advantageous for both spouses, since the pre-emptive regulation of issues which from experience are often more difficult to resolve in the event of a dispute creates legal certainty for all spouses.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explains: In its judgment of 7 February 2013 (X ZB 286/11), the Federal Court of Justice (BGH) ruled that claims which are burdened with a right of segregation by virtue of a security assignation do not have to be incorporated into the basis for calculating the remuneration of the preliminary administrator. A possible justification is that the assignment is challengeable at the opening of insolvency proceedings, since the grounds of challenge only arise with the opening of insolvency proceedings which only the final administrator can assert.

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 accordance with the statutory provision of the Trademark Act (MarkenG), the registration of trademarks, among other things, is excluded with respect to those for which the goods or services lack any distinctive character.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: In its judgment of 21 August 2012 (Az.: 3 Sa 234/12), the Rhineland-Palatinate Regional Labour Court (Landesarbeitsgericht (LAG)) decided that an employee has no right to a particular overall score from the preparation of an employer’s reference.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London www.grprainer.com/en explains: The instant case concerned a marten infestation in the roof of a house. The Koblenz Higher Regional Court (judgment of 15 January 2013, Az.: 4 U 874/12) decided in favour of the purchaser. The sellers had stated at the time of the purchase that they were not aware of any hidden defect in the house. A few months later, however, the purchaser discovered damage that had emerged to the roof insulation from marten food and faeces.

Negligible defects in a new car which are a mere trifle are generally not a reason for rescission. However, minor defects that nevertheless by their character considerably affect the passengers represent an exception to this.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London grprainer.com/en explain: It emerged from the judgment that an interest in bringing proceedings against an election of the supervisory board of a stock corporation possibly does not lapse in the event of the supervisory board resigning. On the contrary, such an interest ought only to be absent if an election challenge has been brought.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London grprainer.com/en explain: In its judgment of 5 March 2013 (Az. 1 AZR 417/12), the Federal Labour Court (BAG) decided that age limits stipulated in work agreements, according to which the employment relationship shall cease after the end of the calendar month in which the employee reaches the retirement age for the statutory pension fund, are not discriminatory and thus fully effective.