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GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Bremen, Hanover, Nuremberg, Essen and London www.grprainer.com/en conclude: This is the case even if it has been made according to the wish and instructions of the deceased and signed by him or her. The decision of the Higher Regional Court in Hamm states that the will should only be considered valid by its form if it has been written by hand without any outside influence.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Bremen, Hanover, Nuremberg, Essen and London www.grprainer.com/en conclude: The State Court of Tubingen (case No. 7 O 525/10) has rejected by its new ruling the suit of an associate professor who demanded the court to have his personal data removed from an online encyclopaedia. The court justified its decision by the fact that although the publication of an article in the online encyclopaedia would indeed interfere with the professor’s privacy, it must nevertheless be subordinated to the fundamental right to freedom of the media upon its consideration among other basic rights.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Bremen, Hanover, Nuremberg, Essen and London www.grprainer.com/en conclude: The reference in the contract to the voluntary character and the withdrawal of special payments to the employee must be expressed unambiguously in the general working conditions. Otherwise, the employer’s rights for changes of these payments will not be available. These will require a precise definition of the shares of the additional payments that are bound by the voluntary condition, as well as the shares under the revocation.

In general a will in the original characterizes a valid proof of inheritance of a property. However, in individual cases it should be also possible to use a photocopy of the testament as a proof. This was decided lately by the Naumburg Higher Regional Court at the 3/29/2012 (Case No.: 2 Wx 60/11).

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London www.grprainer.com/en conclude: The reference in the labour contract to the voluntary nature of special payments to the employee, as well as to the right to deprive the employee of them, must be expressed unambiguously in the general working conditions. Otherwise, the employer’s possible right for changes of these payments will not be available. It is necessary to define precisely which parts of the additional payments are voluntary and which of them are revocable.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt and London http://grprainer.com/en explain: The German Federal court of justice (Bundesgerichtshof - judgment from 05.07.12 - II ZR 116/11) ruled on the preconditions of the company's continued responsibility based on § 25 of the German commercial code (HGB). Ltd's sharing the same name as a personal corporation might be answerable for poor investment recommendations.

As a rule, a will in the original represents a valid proof of inheritance of a property. In individual cases, however, according to the Naumburg Higher Regional Court’s recent decision of 29.03.2012 (Case No.: 2 Wx 60/11), even a photocopy of the will may be deemed sufficient to prove the heir’s rights.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt and London http://www.grprainer.com/en inform: On the 01.01.2010 the inheritance - and limitations law reform became effective. This could lead to the outcome that a large part of the inheritance claims expire by 31.12.2012. Because of this reform, the 30 year period of limitations according to the German Civil Code (BGB) is no longer applicable. Since 01.01.2010 a large portion of inheritance claims fall into the three year limitation period in line with the §195 of the Civil Code. In the case of bequests, the new shortened limitations period is particularly adhered.

If for example, the main priority of a community trademark over a national trade mark is in question, the day of registration is applicable. The precise time of the brand registration should not be assessed.

GRP Rainer lawyers and tax advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London www.grprainer.com/en conclude: Interpretation of compensation clauses for a shareholder withdrawing from a limited liability company should assume that the shareholders having doubts about the compensation clauses in the memorandum of association pursue such a compensation for the shareholders withdrawing from the company that will treat them equally and settle the matters for a long term.