ReleaseWire Connect

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In a recent decision (File number: 5 U 32/12), the Superior Court (KG) of Berlin ruled that it is mandatory to provide an e-mail address with the “site notice” of an Internet website. The case in question was a dispute between two competitive applicants concerning the mandatory information in a “site notice”. At court, the defendant argued that naming a fax number, several telephone numbers and the possibility of contact by means of an online contact form would satisfy the TMG requirements. Neither the Regional Court of Berlin nor the Superior Court of Berlin agreed with the defendant.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: In its decision of January 9, 2013 (File number: 7 Ca 5063/12), the Labour Court (ArbG) of Frankfurt am Main ruled that the dismissal for reasons of a long-time employee because of long periods of absence due to illness may be made subject to strict requirements.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Dusseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London – www.grprainer.com/en conclude: This is what the Regional Court (LG) of Hamburg ruled in a dispute between a company and a bride and groom (File number: 324 O 690/09). The couple married at a gastronomic establishment where it had professional photos done of the wedding and the celebration. The owner of the establishment used some of these photos for advertising purposes in a magazine without having obtained the consent of the couple beforehand. The couple sued for violation of their right of privacy and demanded payment of a notional licence fee.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: The Superior Court (OLG) of Cologne ruled in a case (File number: 2 WX 64/13) in which a wife claimed her inheritance after her husband had died while their divorce proceedings were underway. The husband had already agreed to the divorce which the wife had applied for, but he died before the divorce hearing. The Municipal Court (AG) refused to issue an inheritance certificate requested by the surviving spouse and did not consider the wife eligible to inherit.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: The letter of intent is generally submitted in the run-up to business acquisitions by either one or both of the parties to any acquisition agreement. It is conveyed in the letter of intent that the parties concerned take the contractual negotiations seriously. Additionally, the intentions with respect to the business acquisition can be enumerated.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – grprainer.com/en conclude: In its final judgment of June 6, 2013, The Superior Court [Oberlandesgericht / OLG] of Karlsruhe (File number: 12 U 204/12) decided that an insured is not entitled to insurance coverage if he has explained the facts by means of wilful deceit. According to the OLG, this applies even if there would have been insurance coverage if the true facts had been known.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: In its judgment of March 27, 2013 (Az.: 25 U 59/12), the Berlin Court of Appeal ruled that a lessor potentially renders itself liable to pay damages to a lessee if it does not point out to the latter the requirement to give notice of defects to the supplier where there are assigned warranty claims for defects. In the event that liability pertaining to the lease agreement, which is not a commercial transaction from the perspective of the lessee, is excluded therein for the lessor and the lessee is referred to the enforcement of warranty claims in sales law vis-à-vis the supplier, the lessor has to make sure that the requirement to give notice of defects to the supplier is excluded. Otherwise, it must at least give the lessee effective notice of this requirement.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: Someone acquiring a company always has a disadvantage in comparison with the vendor of the company in terms of vital company information such as earnings or sales. That is why the Due Diligence process has been developed for buyers. In practice, Due Diligence means “taking necessary caution”. This also establishes the measure of a Due Diligence analysis.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London – www.grprainer.com/en conclude: A case decided by the Regional Court (LG) of Braunschweig (File number: 9 O 2637/12) concerned an agreement between two competing manufacturers of spirits. In their trademark delimitation agreement from 1974, the two companies had agreed on what colours could be used by which manufacturer in marketing the products. The plaintiff terminated the agreement in 2009. The reason it named was that market conditions had changed in the meantime, that contrary to the agreement signed at the time, the defendant and not the plaintiff was now connected with the colour of green, and that furthermore the sales figures had changed drastically. The defendant showed only declining sales, while the plaintiff had been able to expand its market share constantly. From the plaintiff’s point of view, this was enough reason for cancelling the agreement.

GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London www.grprainer.com/en conclude: In its decision of May 8, 2013 (Az.: I-3 Wx 47/12), the Higher Regional Court (OLG) of Düsseldorf ruled that doubt as to whether a will is authentic and holographic must be removed by means of an expert opinion comparing handwriting.