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Recent News From GRP Rainer LLP

  • GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment

    GRP Rainer Rechtsanwälte – Abuse of a dominant market position – Antitrust assessment

    Published: 13 Jul 2018

    Businesses are not allowed to abuse their dominant market position, as this constitutes a violation of antitrust law. The key issue that requires assessment is when this kind of abuse has occurred. Abuse of a dominant market position constitutes a violation of antitrust law. According to the Gesetz gegen Wettbewerbsbeschränkungen (GWB), Germany’s Act Against Restraints of Competition, a bus...

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  • GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency

    GRP Rainer Rechtsanwälte – Assessing manager liability in the event of imminent insolvency

    Published: 10 Jul 2018

    One of a managing director’s duties is filing for insolvency on time. If this duty is breached, the managing director may be held personally liable. Under no circumstances should managing directors ignore signs of imminent insolvency, as filing for insolvency in a timely manner is one of their duties. Failure to file for insolvency on time or making undue payments in spite of impending insolvenc...

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  • Heirs within a patchwork family

    Heirs within a patchwork family

    Published: 05 Jul 2018

    Patchwork families, also known as blended families, are no longer a rarity today, yet succession law has yet to adapt to this development. According to the rules of intestate succession, stepchildren come away empty-handed. Society has changed substantially over the last few decades. In addition to the traditional family model, patchwork families have also established themselves. It is common fo...

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  • GmbH shareholder’s rights of access and inspection

    GmbH shareholder’s rights of access and inspection

    Published: 04 Jul 2018

    The shareholders of a GmbH, a type of German private limited company, have extensive rights to information that go beyond the general meeting of the shareholders, and they are able to exercise their rights of access and inspection. GmbH shareholders entrust the managing director with the fate of their company. Notwithstanding this, they do, of course, have the right to be informed about what is ...

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  • No discrimination – Local authority position for equal opportunity officer only open women

    No discrimination – Local authority position for equal opportunity officer only open women

    Published: 27 Jun 2018

    Germany’s General Act on Equal Treatment, aka the allgemeine Gleichbehandlungsgesetz (AGG), is supposed to protect against discrimination, e.g. on the basis of gender. That being said, exceptions can be made, as demonstrated by a ruling of the Landesarbeitsgericht (LAG) Schleswig-Holstein [Regional Labour Court of Schleswig-Holstein]. Discrimination in the workplace is also meant to be prohibite...

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  • BGH: Removal of a shareholder managing director for good cause

    BGH: Removal of a shareholder managing director for good cause

    Published: 25 Jun 2018

    When it comes to the removal of a shareholder managing director of a GmbH, a type of German private limited liability company, for good cause, it is a matter of whether there was in fact good cause at the time the decision was taken. Disputes among the shareholders of a GmbH are not uncommon. If these give rise to a situation whereby the shareholder managing director is set to be removed and his...

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  • Prohibited advertising – No bread roll vouchers at pharmacy

    Prohibited advertising – No bread roll vouchers at pharmacy

    Published: 18 Jun 2018

    Pharmacies are bound by a uniform sales price for prescription medications. Even small additions to the price of medicinal products can constitute a violation of competition law. Consumers may well think receiving vouchers for the bakery at the pharmacy is a nice idea, but it is problematic from a legal perspective. This is because the price markup constitutes a violation of the Heilmittelwerbeg...

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  • Prohibited advertising for homeopathic medicinal products featuring promise of success

    Prohibited advertising for homeopathic medicinal products featuring promise of success

    Published: 15 Jun 2018

    The Oberlandesgericht (OLG) München [Higher Regional Court of Munich] has ruled that promoting a homeopathic medicinal product with a promise of success is prohibited and a violation of competition law. For a homeopathic medicinal product to be approved, it is not necessary for its effectiveness to be proven with reference to scientific studies. We at the commercial law firm GRP Rainer Rech...

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