ReleaseWire Connect

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich and Stuttgart – http://www.grprainer.com/en conclude: Directors are tasked with running businesses for the benefit of the company, that is to say profitably. They cannot be legally charged for a lack of economic success, yet if directors breach their duties they may well be faced with claims for damages, both in cases of internal and external liability.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Dusseldorf, Hamburg, Munich, Stuttgart, Frankfurt http://www.grprainer.com exemplify: In the present case, the insolvency administrator brought on an action against the assets of a GmbH in insolvency proceedings. After a temporary closure, the GmbH resumed business activities. With the entry in the commercial register, it registered the transfer of the company’s domicile and the new managing director. A change of corporate object, however, was not indicated. The defendant acquired the sole company share at a price of 7,500 euros. Afterwards, the company filed for bankruptcy. The plaintiff then claimed payment of the insolvency debts from the defendant, as owner of all shares.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Dusseldorf, Hamburg, Munich, Stuttgart, Frankfurt http://www.grprainer.com inform: If a significant reduction is granted in order to sell the actual main product or service, the advertiser is obliged to explain the actual value of the overall offer. This means, combined offers are subject to the obligation that prices must be uniformly assessed.

GRP Rainer Lawyers Tax Consultants, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: In the case on which the decision was based, a representative of a financial consulting firm liquidated a customer’s investment funds and transferred the sales value to his private account by forging the customer’s signature. In this case, the Court saw a close relationship between the professional activities of the representative and his criminal actions.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt grprainer.com elaborates: The higher regional court in Munich (Az. 23 U 4793/11) decided on March 22nd 2012 that a commission determining clause can be invalid in view of coexisting and simultaneously completed cooperation agreement and trade-agent contract because, they can be contradictory.

GRP Rainer Lawyers and Tax Advisors Germany Cologne Berlin Bonn Düsseldorf Frankfurt Hamburg Munich Stuttgart www.grprainer.com explain: According to this judgment, which has been published at March 6, 2012, the Federal Court of Justice of Germany (BGH – Az. II ZR 56/10) decided that shareholders’ liability in a GmbH depends on the date of the re-establishment. What matters is whether there exists a funding gap between the company’s ability and the statutory capital fund at this particular time.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Dusseldorf, Hamburg, Munich, Stuttgart, Frankfurt http://www.grprainer.com elaborate: If the estranged managing partners are at the same time shareholders, the important reason for dismissal and termination of employment contract must also include substantial, objectively ascertainable circumstances that make cooperation impossible. These circumstances could result from the situation and significance of the individual managing partner (such as duration and quality of previous administration, achievements for the company) or from the interests of the company (e.g. business relations, relations with the workforce), which speak for the elimination of one director and for the retention of the other managing director.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In its judgment of September 24, 2013, the Higher Regional Court (HRC) of Hamm ruled that this constituted misleading advertising (Az.: 4 U 64/13) to the extent that none of the services beyond the regular statutory programme are offered. The Regional Court (RC) of Essen had previously come to a similar ruling.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt www.grprainer.com elaborate: In reference with a Spanish court, the European Court of Justice (ECJ) made a clear ruling on the 22.03.2012 (C – 190/10) that the term “registration day”, according to article 27 of the Community trademark regulations (Gemeinschaftsmarkenverordnung GMV), isn’t specific enough to determine the priority of a community trade mark. The hour and minute of the trade mark registration at the Office for harmonization of the internal market (Harmonisierungsamt für den Binnenmarkt – HABM) should be considered.

GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Hamburg, Munich, Stuttgart, Frankfurt grprainer.com elaborates: the higher regional court in Munich (Az. 23 U 4793/11) decided on 22.03.2012 that a commission determining clause can be invalid in view of coexisting and simultaneously completed cooperation agreement and trade-agent contract because, they can be contradictory.