Child Support in Shared Custody Arrangements

Ruling of the Karlsruhe Higher Regional Court – Case No.: 5 UF 219/23   After parents separate, it was once common for the children to live with one parent while the other parent had visitation rights, such as on weekends. Nowadays, parents increasingly choose a shared custody arrangement, where the children live alternately with both […]

Liability for Cookies Without Consent

Judgment of the OLG Frankfurt from June 27, 2024 – Az.: 6 U 192/23   If cookies are stored on a user’s devices without their consent, not only the operator of the website can be held liable, but also the provider of the tracking software used. This was decided by the OLG Frankfurt in a […]

ProReal Europe 9 / 10 – Imminent Risk of Default

Mandatory Disclosure by the ProReal Companies   Investors have put around 278 million euros into ProReal Europa 9 GmbH and ProReal Europa 10, providing the companies with subordinated loans. They now face significant financial losses. This was announced by the two ProReal companies in a mandatory disclosure according to § 11a paragraph 1 of the […]

Trademark Law in Simultaneous Registration Cases

Judgment of the LG Hamburg from July 19, 2024 – Az.: 327 O 195/23   If you want to protect your trademark, you shouldn’t wait too long to register it. Otherwise, someone else might beat you to it. It can also happen that two parties register their trademark rights for a product on the same […]

Challenging Copyright at the BGH

Right to Recognition of Authorship – BGH I ZR 102/23   Even if authorship is contested only towards the author, this can still constitute a violation of copyright. The Federal Court of Justice ruled on June 27, 2024, making this clear (Case No.: I ZR 102/23). According to § 13 of the Copyright Act (UrhG), […]

Removal of a Shareholder-Director

OLG Munich on Removal for Important Reasons – Case No.: 23 W 354/23e   Even seemingly small errors in bookkeeping can be an important reason for the removal of a shareholder-director. This is evident from a ruling by the OLG Munich dated May 25, 2023 (Case No.: 23 W 354/23e). The removal of a director […]

Undeclared Cash Agreement in Real Estate Purchase

Purchase Agreement Not Void Due to Agreement to Evade Taxes – BGH V ZR 115/22   Despite an undeclared cash agreement, a real estate purchase agreement does not necessarily have to be invalid. This was decided by the BGH in a judgment dated March 15, 2024 (Ref.: V ZR 115/22). This is possible if the […]

Deceptive Packaging Remains Deceptive Packaging

No Difference Between Brick-and-Mortar and Online Sales – BGH I ZR 43/23 Deceptive packaging remains deceptive packaging, whether it is displayed on store shelves or sold online. The method of distribution does not matter, as the Federal Court of Justice (BGH) clarified in its ruling on May 29, 2024 (Case No. I ZR 43/23). Advertising […]

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 […]