ReleaseWire Connect

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 recent years, the BAG has stated that holiday entitlements can accrue even in the case of an employment relationship that has been dormant for many years. It is, however, important to note that these entitlements will already have lapsed 15 months after the end of the year of leave.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London explains: After the withdrawal from a continuing obligation, data from an account that was created as an email account for a party may not be deleted until it is certain that the user no longer has any use for the data created, if the company has permitted its employees to private use of emails and the internet. In its judgment of 5 September 2012 (Az. 4 W 961/12), the Dresden Higher Regional Court decided that breaching this duty could trigger a claim for damages.

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: It is not uncommon at corporate groups and firms that are active in Europe and globally, for qualified workers to be posted to subsidiaries of the company abroad.

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 its judgment of 24 January 2013 (Az.: 2 AZR 140/12), the Federal Labour Court (BAG) decided that posted temporary workers can be relevant for the application of the KSchG, if they work for the company because they cover a “generally” existing demand for staff. It therefore makes no difference when calculating the size of the business in terms of the KSchG whether the employee is the company’s own employee or a borrowed employee, especially since the staff costs are the same. The crucial factor is likely that the temporary workers are engaged in a business in the same way as the regular employees.

GRP Rainer Lawyers and Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Essen, Nuremberg Bremen and London www.grprainer.com/en explain: First, it must be considered whether the beneficiaries of a compulsory portion are able to generally assert claims for a compulsory portion or to supplement a compulsory portion in the respective cases.

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: Within the framework of the salaries margin for managing directors of a GmbH, there are serious disparities. For this reason, it is not uncommon for remunerations for this position in a company of this legal form to be disproportionately high in comparison to comparable companies.

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 (OLG) (judgment of 15 January 2013, Az.: 4 U 874/12) recently decided in favour of the purchaser of a house with marten infestation in the roof. The sellers had declared at the time of purchasing that they were not aware of any hidden defect in the house. Nevertheless, the purchaser discovered damage to the roof insulation a few months later caused by marten feeding and faeces.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Stuttgart, Bremen, Nuremberg and London www.grprainer.com/en explain: The Federal Labour Court (Bundesarbeitsgericht (BAG)) decided in its judgment of 24 January 2013 (Az.: 2 AZR 140/12) that temporary workers posted to a business could be relevant in determining whether the KSchG is to be applied. At any rate, this is the case if temporary workers work for the company because they cover a “generally” existing demand for staff. In determining whether temporary workers are to be taken into consideration when calculating the size of the business, the crucial factor is that the temporary worker is engaged in the same way as a regular employee.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg and Essen and London www.grprainer.com/en explain: In a case ruled on by the Schleswig Higher Regional Court (judgment of 21 December 2012, Az.: 3 U 22/12) concerning the purchase of a used vehicle, the buyer of the vehicle discovered a defect and had it repaired himself. Only subsequently did he declare rescission vis-à-vis the seller. However, in the opinion of the OLG, he did not have a right to rescind the purchase agreement.

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 recent years, the BAG has stated that holiday entitlements can accrue even in the case of an employment relationship that has been dormant for many years. It is, however, important to note that these entitlements will already have lapsed 15 months after the end of the year of leave.