Preos AG Insolvent

Leipzig District Court Opens Preliminary Insolvency Proceedings On July 18, 2024, the Leipzig District Court opened preliminary insolvency proceedings for PREOS Global Office Real Estate & Technology AG (Case No.: 405 IN 1216/24). This puts the money of investors who have invested in the Preos bond at risk. Investors can only register their claims for […]

Revocation of Management Authority in the PartG

Temporary Revocation of Authority Without Court Order – Judgment of the LG Stuttgart – Az.: 49 O 142/23   According to a remarkable judgment of the Regional Court Stuttgart dated January 23, 2024, it is possible in a partnership company (PartG) to temporarily revoke a partner’s authorization to manage the business without a court order […]

Will on Pub Pad Valid

Decision of the OLG Oldenburg – Az.: 3 W 96/23 There is a lot to find behind the counter. Glasses and drinks, of course, coasters, maybe a deck of cards or dice cup. In very rare cases, a will can also be found there. Exactly that happened to the partner of a deceased innkeeper. She […]

Effective Gift of Savings Deposits

Judgment of the Regional Court of Koblenz on March 14, 2024 – Case No.: 3 O 457/23 The gifting of savings books can be effective even without an assignment declaration. This was decided by the Regional Court of Koblenz in a judgment on March 14, 2024 (Case No.: 3 O 457/23). Lifetime gifts are an […]

Fraud in Online Banking – Bank’s Burden of Proof

BGH Strengthens the Rights of Bank Customers – Case No.: XI ZR 107/22 It’s a shocking experience when criminals hack into online banking and make unauthorized withdrawals from an account. However, the Federal Court of Justice (BGH) has strengthened the rights of affected bank customers with its ruling on March 5, 2024 (Case No.: XI […]

Refusal to Wear Work Clothing – Termination Valid

Judgment of the Düsseldorf Regional Labor Court dated May 21, 2024 – Case No. 3 SLa 224/24 Work clothing does not need to be liked by every employee, but they usually still have to wear it. The directive to wear specific work clothing is generally covered by the employer’s right to issue instructions. This is […]

Misleading Advertising with “Climate Neutral”

Ruling of the Federal Court of Justice (BGH) on June 27, 2024 – Case No.: I ZR 98/23 Climate protection is an important issue for many people, which is reflected in their purchasing behavior. Manufacturers and producers have responded by promoting their products with the term “climate neutral.” The BGH has now ruled on June […]

UniImmo Wohnen ZBI – Significant Losses for Investors

Open Real Estate Fund Devalued by Almost 17 Percent The open real estate fund UniImmo Wohnen ZBI has experienced a dramatic decline: Following a special evaluation, its value plummeted by nearly 17 percent, as reported online by “Handelsblatt” on June 27, 2024. For investors, this translates to a loss of around 860 million euros, suffered […]

Dispute over Nuremberg Sausage

Munich Regional Court on Protected Geographical Indication – Case No. 33 O 4023/23 In a legal dispute before the Munich Regional Court I, the focus was on sausages, specifically the grilled sausage. The court had to decide whether the designation “Mini Rostbratwürstchen” infringes on the protected geographical indication “Nürnberger Rostbratwürste.” In its judgment on June […]

Tax Evasion: Exemption through Voluntary Disclosure

Returning to Tax Legality with Voluntary Disclosure Those who have concealed taxable income or provided incorrect or incomplete information to the tax authorities may be guilty of tax evasion. If tax evasion is discovered, the taxpayer faces severe penalties, ranging from fines to several years of imprisonment. However, the legislator has still kept open the […]

Tax Estimates Due to Undeclared Work

Ruling of the Nuremberg Tax Court on January 24, 2024 – Case No.: 3 K 1158/22 Undeclared work can have serious consequences both criminally and in terms of tax law. As evidenced by a ruling from the Nuremberg Tax Court dated January 24, 2024 (Case No.: 3 K 1158/22), in addition to severe financial penalties […]

Exception from Speculation Tax

Ruling of the Federal Fiscal Court (BFH) of 26.09.2023 – Ref. IX R 13/23 If a property is sold within the speculation period of ten years, the capital gain must be taxed. Exceptions to the speculation tax can only occur if the owner either lived in the property themselves or if it was occupied by […]

Parental Support Only from an Income of 5,000 Euros

Decision of the Munich Higher Regional Court on March 6, 2024 – Case No.: 2 UF 1201/23 e Children are only obligated to support their parents if their average monthly net income is between 5,000 and 5,500 Euros. This was decided by the Munich Higher Regional Court in a ruling on March 6, 2024 (Case […]

BFH Facilitates Business Succession

Federal Fiscal Court Eases 90% Threshold Test – Case No.: II R 49/21 For family businesses and medium-sized companies, the question of future leadership often arises, and arranging business succession can be challenging. There are generally two options: selling the business or passing it on within the family. Especially in family businesses, passing the company […]

Liability Due to Misleading Metadata

Misleading Search Engine Results – Website Operator Liable Companies that operate websites naturally want them to be easily found on the internet. Metadata on a website, such as title tags, help enhance its visibility to search engines like Google. However, business owners must consider that search engines might only display the results generated from this […]

Online Platform Violates Copyright Law

Publication Only with License – Decision of the Munich Regional Court, Ref.: 42 O 10792/22 Films, videos, music – online platforms make such works publicly accessible to their users. In doing so, copyright law is sometimes overlooked. Online platforms cannot use and publish copyrighted works without the appropriate licenses. This was determined by the Munich […]

Defects in the Building Must Be Reported at Acceptance

Decision by the Higher Regional Court of Oldenburg on July 17, 2023, Ref.: 12 U 214/19 In the construction of a property, the acceptance of the building is a critical date for the client. This is because the time of acceptance is crucial for determining whether defects exist and whether the construction company must remedy […]

Commercial Agent: Commission and Compensation Claims

Key Points to Regulate in a Commercial Agent Agreement Two essential points that should be regulated in a commercial agent agreement are the commission entitlement of the commercial agent and their compensation claim upon termination of the contract. These two points often lead to legal disputes between the commercial agent and the company. The commercial […]

Managing Director Liability and D&O Insurance

OLG Schleswig on the Assignment of the Indemnification Claim, Case No. 16 U 93/23 The assignment of an indemnification claim from a D&O insurance policy suspends the statute of limitations on the liability claim of the injured company. This was decided by the Schleswig-Holstein Higher Regional Court in its ruling on February 26, 2024 (Case […]

M&A – OLG Naumburg on Earn-Out Clauses

Contractual Regulation Takes Precedence After a corporate transaction such as the sale of business shares, disputes can arise between the buyer and seller even after the acquisition. The OLG Naumburg made an important decision in such a post-M&A dispute. In its ruling on June 26, 2023, it made clear that a contractual agreement in the […]