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  • GRP Rainer Rechtsanwälte – Report on authorized dealer’s entitlement to compensation

    GRP Rainer Rechtsanwälte – Report on authorized dealer’s entitlement to compensation

    Published: 10 Dec 2018

    Under certain circumstances, an authorized dealer may be entitled to claim compensation after termination of the contract with the company if the latter continues to be able to use its business contacts. In our experience at the commercial law firm GRP Rainer Rechtsanwälte, it is common for an authorized dealer’s potential claims for compensation after termination of the contract with the c...

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  • The transition from UG to GmbH does not establish a new company

    The transition from UG to GmbH does not establish a new company

    Published: 07 Dec 2018

    The costs associated with transitioning from an Unternehmergesellschaft (UG), a form of German private limited liability company also referred to colloquially as a “Mini-GmbH”, to a full GmbH cannot be passed on to the GmbH. The Oberlandesgericht (OLG) Celle, Celle’s Higher Regional Court, ruled that the transition in no way represents the establishment of a new company. When it comes to establi...

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  • GRP Rainer Rechtsanwälte – Experience in trade mark protection

    GRP Rainer Rechtsanwälte – Experience in trade mark protection

    Published: 06 Dec 2018

    Plagiarism and counterfeit products cause immense economic damage within the European Union. This makes it all the more important for businesses to take consistent measures to protect their trade marks. According to a report by the European Union Intellectual Property Office (EUIPO), counterfeit products and plagiarism are responsible for annual losses to the tune of some 60 billion euros within...

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  • GRP Rainer Rechtsanwälte: Criteria for assessing whether GmbH managing directors are subject to mandatory social security contributions

    GRP Rainer Rechtsanwälte: Criteria for assessing whether GmbH managing directors are subject to mandatory social security contributions

    Published: 05 Dec 2018

    According to a decision of the Bundessozialgericht, Germany’s federal court of appeals for social security matters, GmbH managing directors are ordinarily deemed to be employees of the company and hence subject to mandatory social security contributions. It is not uncommon for disputes to arise over whether GmbH managing directors are subject to mandatory social security contributions. We at the...

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  • D&O insurance policies need not cover illegal payments made following onset of insolvency

    D&O insurance policies need not cover illegal payments made following onset of insolvency

    Published: 04 Dec 2018

    It is not necessary for a D&O insurance policy to cover payments made by the insured managing director after the onset of insolvency. That was the verdict of the Oberlandesgericht (OLG) Düsseldorf, the Higher Regional Court of Düsseldorf. We at the commercial law firm GRP Rainer Rechtsanwälte note that managing directors who go on to make payments following the onset of their ...

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  • Managing director liable despite settlement clause in termination agreement

    Managing director liable despite settlement clause in termination agreement

    Published: 27 Nov 2018

    A managing director may be liable towards the company despite a settlement clause in the termination agreement. That was the verdict of the Oberlandesgericht (OLG) München, the Higher Regional Court of Munich. The company and the managing director may agree to a settlement clause within the framework of a termination agreement according to which the parties will be indemnified from and agai...

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  • BGH: Beer cannot be promoted as “bekömmlich”

    BGH: Beer cannot be promoted as “bekömmlich”

    Published: 26 Nov 2018

    Beer cannot be promoted as “bekömmlich”, i.e.  “wholesome” or “agreeable” (in terms of its digestibility). That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from 17 May 2018 (Az.: I ZR 252/16). This description was said to be in violation of the Health Claims Regulation. We at the commercial law firm GRP Rainer Rechtsanwälte note tha...

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  • OVERVIEW OF THE NIGERIAN ENERGY & NATURAL RESOURCES INDUSTRY

    OVERVIEW OF THE NIGERIAN ENERGY & NATURAL RESOURCES INDUSTRY

    Published: 26 Nov 2018

    Introduction The Nigerian Energy and Natural Resources Industry is comprised of the Oil and Gas, Power, and Mining sub-sectors. A marked feature of this Industry is the predominance of the Federal Government’s influence and control which may be attributed to the highly centralized federal system of government adopted in the country. Instructively, the Nigerian Constitution vests entire property ...

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