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  • BAG: Post-contractual prohibition on competition invalid without a waiting allowance

    BAG: Post-contractual prohibition on competition invalid without a waiting allowance

    Published: 13 Apr 2017

    Post-contractual prohibitions on competition that do not provide for compensation for this period, i.e. a waiting allowance, are null and void. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in its ruling of March 22, 2017 (Az.: 10 AZR 448/15). Employment contracts can include post-contractual prohibitions on competition. In this case, the employee commit...

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  • Business breakfast: International and Russian law

    Business breakfast: International and Russian law

    Published: 12 Apr 2017

    20 April 2017, the experts of consulting company IPT Group with the support of the international Association of Global Law Expert will be happy to invite You and your colleagues for a business Breakfast on issues of international and Russian law. The event will be held in the format of interactive discussions with the participation of invited experts of the largest Russian companies, including R...

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  • BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

    BGH: Health claims in relation to mineral water need to comply with the Health Claims Regulation

    Published: 12 Apr 2017

    Health claims in relation to mineral water need to be consistent with the Health Claims Regulation. This was confirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in its ruling of January 30, 2017 (Az.: I ZR 257/15). Advertising featuring health claims pertaining to mineral water also needs to adhere to the requirements set out in the Health Claims Regulation. That was the v...

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  • Jurisdiction on international sale of goods from Italy

    Jurisdiction on international sale of goods from Italy

    Published: 11 Apr 2017

    Decision: Decision No. 3558/2017 by the Joint Sections of the Court of Cassation In international sale of goods involving an Italian seller, if the parties did not rule jurisdiction, but explicitly agreed about the actual place of delivery in a EU Country different from Italy, Italian Courts lack jurisdiction. The concept of “place in a Member State where, under the contract, the goods were de...

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  • Whistleblowing and Labor Climate in Mexican businesses.

    Whistleblowing and Labor Climate in Mexican businesses.

    Published: 11 Apr 2017

    US and UK legislations have mature and evolving whistleblowing bylaws that deal with a term that is completely non-existing in social engagements or legislation in Mexico. Whistleblowing constitutes the perfect example of how a legal and cultural convention can be completely unalike even in neighboring countries and thereafter, highlights the importance of why international advisors must identify,...

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  • Tax evasion: Only voluntary disclosure affords protection from severe penalties

    Tax evasion: Only voluntary disclosure affords protection from severe penalties

    Published: 10 Apr 2017

    Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties. While the number of voluntary declarations leading to immunity in relation to tax evasion is decreasing, this does not mean that they are no longer required or that the authorities are easing off in ...

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  • EU cartel authorities examining possible e-commerce competition violations

    EU cartel authorities examining possible e-commerce competition violations

    Published: 07 Apr 2017

    The European Union’s cartel authorities are targeting e-commerce more aggressively and are carrying out three investigations looking into whether violations of European competition law have occurred. GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart and London conclude: Our daily lives are no longer imaginable without the interne...

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  • Legal Shorts 07.04.17 including Government publishes White Paper on Brexit and MiFID II: FCA policy statement on implementation

    Legal Shorts 07.04.17 including Government publishes White Paper on Brexit and MiFID II: FCA policy statement on implementation

    Published: 07 Apr 2017

    Welcome to Legal Shorts, a short briefing on some of the week’s developments in the financial services industry. If you would like to discuss any of the points we raise below, please contact me or one of our other lawyers.  Claire Cummings 020 7585 1406 claire.cummings@cummingslaw.com www.cummingslaw.com ________________________________________ Government publishes White Paper on ...

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