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  • OLG Karlsruhe – No blanket reimbursement of commercial agents’ “Stornoreserve”

    OLG Karlsruhe – No blanket reimbursement of commercial agents’ “Stornoreserve”

    Published: 27 Sep 2018

    Following termination of a commercial agency agreement, companies cannot blanketly retain what is referred to in Germany as the “Stornoreserve” (or simply “cancellation reserves”), i.e. the amount withheld in the insurance sector from the commercial agent in case the policy he or she concluded is cancelled. That was the verdict of the Oberlandesgericht (OLG) Karlsruhe, Karlsruhe’s Higher Regional ...

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  • Post-contractual prohibition on competition and compensation for interim period

    Post-contractual prohibition on competition and compensation for interim period

    Published: 26 Sep 2018

    A post-contractual prohibition on competition is a reciprocal agreement. If one party fails to perform the work or service as agreed, then the other side is entitled to rescind the agreement. It is common for employment contracts as well as commercial agency agreements to include a post-contractual prohibition on competition. This entails the employee or commercial agent undertaking not to compe...

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  • CJEU – Selective prohibition on sale of luxury items

    CJEU – Selective prohibition on sale of luxury items

    Published: 25 Sep 2018

    In a ruling from December 6, 2017, the Court of Justice of European Union (CJEU) held that a selective distribution system for luxury items does not constitute a violation of the prohibition on restrictive practices under EU law if certain conditions are fulfilled. Suppliers of luxury items can prohibit their authorized dealers from selling items online via third-party platforms such as Amazon o...

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  • BGH – Managing directors acting as front men can also be held liable

    BGH – Managing directors acting as front men can also be held liable

    Published: 24 Sep 2018

    Formal managing directors who are only appointed to act as front men are subject to criminal liability as well. This was reaffirmed by the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a ruling from October 13, 2016 (Az.: 3 StR 352/16). A managing director who fails to fulfill his or her obligations may be held liable. There are many examples in practice of companies with a de fac...

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  • GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on

    GRP Rainer Rechtsanwälte – Experience suggests planning for business succession early on

    Published: 20 Sep 2018

    Business succession is an issue that preys on the minds of many small and medium-sized enterprises and family-run businesses. Yet finding a suitable successor can prove challenging. In the coming years, business succession will be on the agenda of a lot of small and medium-sized companies and family-owned businesses. While searching for a suitable successor to manage the company at the highest l...

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  • The Mining Industry in Tanzania: A Competitive Market?

    The Mining Industry in Tanzania: A Competitive Market?

    Published: 20 Sep 2018

    His Excellency President John Pombe Magufuli of the United Republic of Tanzania took a gamble and dared what few sovereign nations in Africa dared to do. A little over a year ago, the government of Tanzania boldly took legislative and policy measures that are supposed to put Tanzanians at the heart of ownership of its natural resources, but also to allow the government as representatives of the Ta...

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  • Who is Who in the Mining Sector in Tanzania: The Institutional Framework and How it Works

    Who is Who in the Mining Sector in Tanzania: The Institutional Framework and How it Works

    Published: 20 Sep 2018

    THE PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA. The President of the United Republic has been given a key role through the new section 5 (a) of the Mining Act which vests the entire property and control of minerals to the President who holds this in trust of the citizens of the United Republic. The same is reiterated under section 4 (2) and 5 (2) of the Sovereignty Act. Previously, the mineral...

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  • The Economic History of the Mining Sector in Tanzania: An Interview with Honorable Zitto Kabwe, Member of Parliament, Tanzania

    The Economic History of the Mining Sector in Tanzania: An Interview with Honorable Zitto Kabwe, Member of Parliament, Tanzania

    Published: 20 Sep 2018

    Amne Suedi: I caught up with Honorable Zitto Kabwe, Member of Parliament of Kigoma Town last week. He wanted to add his perspective on the mining law changes in Tanzania, understanding where Tanzania came from (Pre – 2010), where we were (2010 – 2017) and the current reforms. A sitting Member of Parliament since 2002, Honorable Zitto Kabwe is strongly associated with the passage of the Mining Ac...

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