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Recent News From GRP Rainer LLP

  • Pharmacies not allowed to offer promotional gifts in the case of fixed-price pharmaceuticals

    Pharmacies not allowed to offer promotional gifts in the case of fixed-price pharmaceuticals

    Published: 10 Nov 2017

    Pharmacies are not allowed to offer their customers promotional gifts when the latter are purchasing prescription medicinal products. That was the verdict of the Oberverwaltungsgericht (OVG) NRW, North Rhine-Westphalia’s Higher Administrative Court, in two rulings from September 8, 2017. Consumers in Germany are accustomed to prescription pharmaceuticals being the same price in every pharmacy. W...

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  • Commercial agent’s claim for compensation following voluntary termination

    Commercial agent’s claim for compensation following voluntary termination

    Published: 09 Nov 2017

    A commercial agent may even be entitled to compensation if he or she voluntarily issues notice of termination. However, the company’s conduct needs to give rise to legitimate grounds for termination for this to happen. When a commercial agency agreement is brought to an end, the commercial agent often has a right to compensation. This is because the company in a lot of cases continues to profit ...

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  • OLG Frankfurt: Contesting the renunciation of an inheritance on account of an error

    OLG Frankfurt: Contesting the renunciation of an inheritance on account of an error

    Published: 07 Nov 2017

    As a matter of principle, an heir has the option of renouncing his or her inheritance. Under certain circumstances, the heir can also challenge and revoke this renunciation. Heirs are not obligated to accept an inheritance and can instead reject it. The inheritance needs to be formally renounced within a period of sex weeks after the accrual of the inheritance comes to light. Once the inheritanc...

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  • Inheritance – Waiving compulsory portion among siblings may prove more expensive

    Inheritance – Waiving compulsory portion among siblings may prove more expensive

    Published: 01 Nov 2017

    Legal heirs who waive their compulsory portion and receive a form of compensation for doing so need to keep an eye on the tax burden. Following a judgment of the Bundesfinanzhof (BFH), Germany’s Federal Fiscal Court, this may turn out to be higher than was previously the case. Even if legal heirs are excluded from inheriting by way of a will, they are still entitled to their share in the compuls...

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  • BGH on risk of confusion in trademark law

    BGH on risk of confusion in trademark law

    Published: 31 Oct 2017

    Anyone registering a trademark needs to make sure that no rights pertaining to an existing trademark will be infringed and that there is no risk of confusion between the trademarks. Trademarks are of great important to businesses. They improve brand recognition from the perspective of consumers and contribute to customer loyalty. Violating existing trademark rights can give rise to tough sanctio...

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  • BGH: Online advertising must clearly reference energy efficiency class

    BGH: Online advertising must clearly reference energy efficiency class

    Published: 30 Oct 2017

    When it comes to online advertising for electronic appliances, the energy efficiency class must be clearly visible to consumers. That was the verdict of the Bundesgerichtshof (BGH) in its ruling of April 6, 2017 (Az.: I ZR 159/16). According to the latest case law from the Bundesgerichtshof, it is not necessary for the energy efficiency class of an electronic appliance advertised online to be on...

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  • BAG: Strict requirements for dismissal on grounds of suspicion

    BAG: Strict requirements for dismissal on grounds of suspicion

    Published: 27 Oct 2017

    It is possible to issue exceptional notice terminating an employment relationship if there is good cause for doing so. However, in cases involving dismissal for good cause based on suspicion, this suspicion needs to be underpinned by strong circumstantial evidence. We at the commercial law firm GRP Rainer Rechtsanwälte note that issuing exceptional notice of dismissal terminating an employm...

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  • BGH: Advertisements must include all information material to the consumer

    BGH: Advertisements must include all information material to the consumer

    Published: 23 Oct 2017

    If an advertisement constitutes an “invitation to purchase”, it needs to include all of the information necessary for the consumer. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court (Az.: I ZR 41/16). In the instant case, a company had advertised fully furnished and equipped kitchens in brochures as “all-inclusive offers”, i.e. including electrical appliances. ...

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