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Recent News From GRP Rainer LLP

  • CJEU on protected designations of origin

    CJEU on protected designations of origin

    Published: 18 May 2018

    As in the case of brands, geographical designations of origin can be protected as well. It is therefore also possible for advertising featuring references to origin to be misleading to consumers and thus impermissible. Brands and geographical designations of origin are of great value to businesses. They give rise to certain associations among consumers, e.g. in relation to the quality of a produ...

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  • Antitrust law – DFB simplifies ticket allocation for 2018 World Cup

    Antitrust law – DFB simplifies ticket allocation for 2018 World Cup

    Published: 14 May 2018

    The way in which it has allocated tickets has led the DFB, Germany’s Football Association, to be suspected of abusing its dominant market position. The Bundeskartellamt, Germany’s Federal Cartel Office, has since suspended its investigations into the matter. A lot of fans of the German national football team would like to watch the team’s games live in the stadium, but getting hold of the releva...

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  • BGH – Bank must explain risk if interest rate dependent on exchange rate

    BGH – Bank must explain risk if interest rate dependent on exchange rate

    Published: 11 May 2018

    If the interest rate on a loan is based on the development of exchange rates, the bank has a duty to inform with respect to the foreign exchange risk. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in a recent ruling (XI ZR 152/17). The appreciation of the Swiss franc against the euro has caused problems for a number of borrowers. Notwithstanding this, the ...

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  • LAG Hamm: Fixed-term employment contract due to extra work must be properly justified

    LAG Hamm: Fixed-term employment contract due to extra work must be properly justified

    Published: 10 May 2018

    A temporary need for manpower can constitute an objective reason justifying a fixed-term employment contract, but this temporary need has to be properly justified. It is even possible to have several consecutive fixed-term employment contracts if there is an objective reason justifying this. One example of an objective reason justifying a fixed term is if the employer only has a temporary need f...

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  • BAG: Employer not liable for harm caused by vaccine

    BAG: Employer not liable for harm caused by vaccine

    Published: 07 May 2018

    Employers who have flu vaccines administered within their company are not liable for any harm that might occur as a result of the vaccine. That was the verdict of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, in a recent ruling. During the winter, a lot of people get vaccinated against the flu. Of course, employers also have an interest in flu vaccination as a means of preventi...

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  • BAG: Threats made by employee can justify dismissal with immediate effect

    BAG: Threats made by employee can justify dismissal with immediate effect

    Published: 02 May 2018

    Employers do not have to accept threats made by employees. These can constitute good cause justifying extraordinary notice of dismissal with immediate effect, as demonstrated by a ruling of the Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court. An employer can issue extraordinary notice terminating an employment contract with immediate effect if there is good cause rendering it unreason...

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  • Prohibition of competition – BGH bolsters commercial agents’ rights

    Prohibition of competition – BGH bolsters commercial agents’ rights

    Published: 18 Apr 2018

    Commercial agency agreements often include a prohibition of competition, also known as a no-competition clause. Notwithstanding this, certain clauses in the general terms and conditions may be invalid, as is clear from a ruling of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: VII ZR 100/15). Companies frequently arrange a post-contractual prohibition of competition with thei...

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  • OLG Düsseldorf – Deletions in a will need to be ambiguous

    OLG Düsseldorf – Deletions in a will need to be ambiguous

    Published: 11 Apr 2018

    If a testator removes parts of his will, these deletions should demonstrably come from him. Otherwise, the deleted passages might still be effective. A testator is free to amend his will. That being said, he ought to make sure that any changes made can be unequivocally attributed to him. In cases involving a handwritten will, the changes also need to be handwritten by the testator and preferably...

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