Artistic freedom outweighs trademark protection
Judgment of LG Frankfurt – case nos. 2-06 O 532/23 and 2-06 O 533/23 In a ruling from September 19, 2023, delivered in response to a trademark infringement, Frankfurt’s regional court – the Landgericht (LG) Frankfurt – deemed artistic freedom to be more important than protecting a registered trademark when it rejected an urgent motion […]
Removal of a GmbH shareholder for cause
BGH: Removal effective as soon as ruling is final When a shareholder is removed from a GmbH for cause, their removal takes effect from the moment the ruling becomes legally binding, and not from the date on which the shareholder receives their severance pay. That was the verdict of Germany’s federal supreme court – […]
Prenup invalid for being unjust
Wife under pressure when concluding the agreement A prenuptial agreement is a sensible means of protecting one’s assets. But the terms of the agreement must not put one of the partners at an excessive disadvantage, as this has the potential to render individual clauses, or even the agreement as a whole, null and void. […]
DSL Bank – Trouble financing real estate projects
Delayed cancellation approval and faltering construction financing DSL Bank‘s technical problems are becoming more than a mere nuisance to its customers, with the bank coming under increasing pressure due to delays in granting cancellation approvals and faltering construction financing. For the bank’s affected customers who chose DSL Bank to assist them with their real estate […]
BAG: Video recordings potentially admissible in wrongful termination proceedings
Judgment of the Bundesarbeitsgericht from June 29, 2023 – case no.: 2 AZR 296/22 Video surveillance in the workplace is a common source of controversy, especially when it comes to whether the footage is admissible in wrongful termination proceedings. In a remarkable ruling from June 29, 2023, Germany’s federal labor court – the Bundesarbeitsgericht (BAG) […]
Misleading promotion of zero-percent financing
Ruling of OLG München – Ref.: 6 U 3908/22 Advertisements that promote zero-percent financing have the potential to mislead consumers and hence to fall foul of competition law, according to a judgment of Munich’s higher regional court – the Oberlandesgericht (OLG) München – from October 19, 2023 (case no.: 6 U 3908/22). Advertising […]
German Supply Chain Act to affect businesses with 1000 or more employees from January 1
Establishing an effective risk management system From January 1 of next year, businesses with at least 1000 employees will also be among those affected by Germany’s Supply Chain Act, known as the “Lieferkettensorgfaltsgesetz” (LkSG), or “Lieferkettengesetz” for short. In order to meet the heightened due diligence requirements, it is essential for those concerned to […]
Limits to estate tax exemption for family home where multiple plots involved
Judgment of Finanzgericht Niedersachsen, case no.: 3 K 14/23 It is only the plot of land on which the family home sits that can be exempt from estate tax. That was the verdict of Lower Saxony’s fiscal court – the Finanzgericht (FG) Niedersachsen – in a ruling from July 12, 2023. In cases involving larger […]
Losses from letting luxury real estate without intention to profit not tax deductible
BFH: Landlord must demonstrate intent to make a profit Tax laws in Germany do not allow financial losses from a hobby to be offset against taxpayers’ income. And the country’s highest fiscal court – the Bundesfinanzhof (BFH) – recently confirmed in a ruling from June 20, 2023, that this principle can also be applied to […]
Child maintenance claims to rise under 2024 national guidelines
Next year’s “Düsseldorfer Tabelle” has been released. The latest guidelines, which become operative on January 1, 2024, recommend an increase in child maintenance claims. The guidelines, which are recognized throughout Germany as an effective benchmark for maintenance claims after a child’s parents separate or divorce, are mainly based on the parents’ living conditions and the […]
Choice of forum for claims brought against businesses
KG Berlin: Place of jurisdiction is the location of the company’s registered office A business’s ordinary place of jurisdiction depends on the location of the company’s registered office. That was the verdict of Berlin’s court of appeals – the Kammergericht (KG) Berlin – in a ruling from June 17, 2022 (case ref.: 2 AR 23/22). […]
Possible to acknowledge paternity even after death of the mother
Germany’s federal supreme court – the Bundesgerichtshof (BGH) – recently ruled on August 30, 2023, that it is possible for paternity to be acknowledged even if the child’s mother has already passed away (case ref.: XII ZB 48/23). Under these circumstances, her consent is no longer required. In cases involving married couples, German family law […]
Cologne court strengthens position of ghostwriters under copyright law – Claims for damages under IP law
Ghostwriters are no less than co-authors of the works they create and as such benefit from copyright protections. Case in point: a ruling of Cologne’s regional court – the Landgericht (LG) Köln – from July 13, 2023 (case ref..: 14 O 237/22). Intellectual property needs to be consistently protected. This includes enforcing copyright protections for […]
Euroboden GmbH bankrupt
Investors’ claims for damages Munich’s district court – the Amtsgericht München – officially opened bankruptcy proceedings on October 30, 2023, against Euroboden GmbH, citing insolvency and over-indebtedness (case ref.: 1509 IN 2357/23). Investors who are concerned about the prospect of financial losses can turn to an experienced capital markets lawyer. The current crisis plaguing the […]
Structural repair clauses in commercial tenancy agreements
Maintenance and repair of commercial rental property Structural repair clauses – known as “Dach- und Fachklauseln” in German – are a frequent source of frustration in commercial tenancy law. A lawyer specializing in real estate law can be your advocate should legal disputes arise. Who is responsible for maintaining a rental property? This question, which […]
ECJ declares member state’s domestic legislation compatible with EU law in antitrust case
Claims for damages in response to cross-border antitrust infringements EU law does not preclude the application of a national rule in cases concerned with anticompetitive practices. That was the verdict of the European Court of Justice (ECJ) in a ruling from February 16, 2023 (case ref.: C-312/21). Where claims for damages aimed at addressing antitrust […]
Calculating damages for trademark infringements based on the license analogy principle
A license analogy is one way of calculating claims for damages in response to trademark infringements. If a registered trademark is violated, those concerned can turn to an IP lawyer for advice and assistance in enforcing and fending off claims. Fortunately, the protection of intellectual and industrial property is one of commercial law firm MTR […]
Summary dismissal for fraudulently recording working hours
Under German employment law, an employer can dismiss an employee if they have good cause for doing so, e.g., the employee has kept fraudulent records of the hours they have worked. Where there is good cause justifying this course of action, employment law also provides for the possibility of summary dismissal, usually without notice. To […]
Act to modernize German partnership law set to enter into force on January 1
Draft legislation designed to modernize partnership law in Germany has formally passed into law. The amendments include changes to how defective partners’ resolutions are dealt with. These substantial revisions to German company law will come into effect when the Act to Modernize the Law on Partnerships – in German, the Personengesellschaftsrechtsmodernisierungsgesetz (or MoPeG, for […]
Compelling reasons justifying exemption of family home from estate tax
It is possible for a family home to be exempt from estate tax even if several months pass before the heir moves in. In Germany, inheritance laws allow for exceptions if there are overriding circumstances that justify this outcome. Generally speaking, it is necessary for certain conditions to be fulfilled in order for the family […]
