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Recent News From GRP Rainer LLP

  • Unfair exploitation of a product’s reputation by imitating its well-known design

    Unfair exploitation of a product’s reputation by imitating its well-known design

    Published: 19 Nov 2018

    A product’s good reputation can be deemed to have been unfairly exploited even if the presentation of the product has been imitated but the word mark has not been infringed. That was the verdict of the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt. We at the commercial law firm GRP Rainer Rechtsanwälte note that if goods or services are offered that are an imitat...

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  • OLG München – Extraordinary termination of a commercial agency agreement

    OLG München – Extraordinary termination of a commercial agency agreement

    Published: 13 Nov 2018

    It is possible for a commercial agency agreement to be extraordinarily terminated for good cause if the relationship of trust between the parties has broken down. That was the verdict of the Oberlandesgericht (OLG) München, the Higher Regional Court of Munich. A commercial agency agreement can be terminated by any party to the agreement if there is good cause for doing so. We at the commerc...

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  • Bundeskartellamt imposes fines running into millions for illegal arrangements

    Bundeskartellamt imposes fines running into millions for illegal arrangements

    Published: 12 Nov 2018

    The Bundeskartallemt, Germany’s Federal Cartel Office, has imposed fines totaling approx. 23 million euros in response to the collective calculation of uniform price recommendations. According to a case report of the Bundeskartellamt from 16 March 2018, Germany’s Federal Cartel Office imposed fines amounting to about 23 million euros in total on ten businesses and an individual involved in the p...

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  • BVerfG – Proportionality in relation to allegations of delayed filing for insolvency

    BVerfG – Proportionality in relation to allegations of delayed filing for insolvency

    Published: 07 Nov 2018

    Allegations of delayed filing for insolvency are easily made, yet the investigations need to maintain a sense of proportion. A home search can just as easily overshoot the mark. A managing director’s obligations include, among other things, filing for insolvency in due time. The application for insolvency must be submitted without undue delay, but no later than three weeks after the onset of ins...

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  • ECJ – Commercial agents can claim compensation for termination during probationary period

    ECJ – Commercial agents can claim compensation for termination during probationary period

    Published: 05 Nov 2018

    Even if a commercial agency agreement is terminated during the probationary period, the commercial agent may still be entitled to claim compensation or damages. That was the verdict of the ECJ. After a commercial agency agreement is terminated, the commercial agent is normally entitled to claim compensation. We at the commercial law firm GRP Rainer Rechtsanwälte note that this may not be th...

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  • OLG München – Commercial agent’s right to be issued with excerpt from the accounts

    OLG München – Commercial agent’s right to be issued with excerpt from the accounts

    Published: 02 Nov 2018

    The limitation period for a commercial agent’s right to be issued with an excerpt from the accounts normally begins at the close of the year in which he or she received a final commission settlement. When calculating the commission due, a commercial agent can demand an excerpt from the accounts concerning all transactions in relation to which he or she is entitled to commission. We at the commer...

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  • Removing the costs associated with forming a GmbH from its articles of association

    Removing the costs associated with forming a GmbH from its articles of association

    Published: 29 Oct 2018

    According to a ruling of the Oberlandesgericht (OLG) Celle, the Higher Regional Court of Celle, the provisions in a GmbH’s articles of association concerning who bears the costs associated with forming the company must not be removed before a period of ten years has passed since the company was initially registered. In addition to the company’s share capital, there are other costs which need to ...

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  • GRP Rainer Rechtsanwälte – Report on mandatory social security contributions for managing directors

    GRP Rainer Rechtsanwälte – Report on mandatory social security contributions for managing directors

    Published: 25 Oct 2018

    Mandatory social security contributions for managing directors is a controversial topic that continues to rear its head and ought not to be underestimated, as businesses can potentially be faced with large back payments. Our experience at the commercial law firm GRP Rainer Rechtsanwälte shows that businesses often underestimate the obligation to pay social security contributions in relation...

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