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Recent News From GRP Rainer LLP

  • 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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  • GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes

    GRP Rainer Rechtsanwälte – Experience in resolving shareholder disputes

    Published: 17 Sep 2018

    If a dispute among shareholders cannot be resolved, it is in the interests of all parties involved to come to a solution that does not jeopardize the company’s existence. While shareholders are usually in agreement about the strategy and objectives of the business when the company is being established, this harmony can give way to differences of opinion between the shareholders as the years go b...

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  • GRP Rainer Rechtsanwälte – Assessment of authorized dealers’ right to claim compensation

    GRP Rainer Rechtsanwälte – Assessment of authorized dealers’ right to claim compensation

    Published: 14 Sep 2018

    Not unlike in the case of commercial agents, authorized dealers may also be entitled to claim compensation after their contract has been terminated. That being said, certain conditions need to be fulfilled in order for this to happen. There are no regulations that specifically address an authorized dealer’s right to claim compensation. However, the provisions pertaining to a commercial agent’s r...

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  • EGC upholds declaration of invalidity with respect to a design

    EGC upholds declaration of invalidity with respect to a design

    Published: 07 Sep 2018

    In a ruling from March 14, 2018, the General Court of the European Union (EGC) upheld a declaration of invalidity with respect to a design. The reason: the design had already been made publicly available before its registration.  A design encapsulates a product’s appearance; its shape, its pattern, its colour. Registering a design serves to protect the design itself as well as the work put ...

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  • BGH on managing directors’ liability for competition violations

    BGH on managing directors’ liability for competition violations

    Published: 04 Sep 2018

    Managing directors may be liable for their company’s violations of competition law. Having said that, the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, has severely limited managing directors’ liability (Az.: I ZR 242/12). Under earlier case law, the liability of managing directors in the event of competition violations was interpreted more broadly. Liability was a serious prospect e...

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  • BSG on mandatory social security contributions for managing directors

    BSG on mandatory social security contributions for managing directors

    Published: 31 Aug 2018

    Mandatory social security contributions for managing directors are a controversial subject. The Bundessozialgericht (BSG), Germany’s federal supreme court in relation to social security matters, recently ruled that managing directors shall, as a rule, be deemed to be employees of a GmbH. The issue of mandatory social security contributions for managing directors can sometimes give rise to signif...

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